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Pasco Officials Want To Toss Cold Water On Swingers Club

Tribune photo by ANDY JONES

Undercover detectives reported witnessing sexual acts performed in Club Elite, West Port Plaza, a strip mall at 9721 U.S. 19 in Port Richey.

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By LISA A. DAVIS

ldavis@tampatrib.com

Published: February 17, 2009

NEW PORT RICHEY - Club Elite's Web site boasts that it's "Tampa Bay's Premier Swingers Club."

A photograph of its owners Eric and Angie Kubb formally dressed is displayed with a personal message about their lifestyle and dedication in promoting it to others in the swinging community.

"They have poured their hearts and souls into the creation of Club Elite and are making it the home for Floridian swingers and swinging visitors from around the world," their site reads.

Pasco County officials, however, don't see it as such a boon to their community.

On Feb. 2, Pasco County filed a lawsuit against the club and its owners in Pasco Circuit Court asking a judge to find Club Elite in violation of local zoning codes, alleging it's a sexually oriented business in an area not zoned for that sort of thing.

The suit also asks a judge to order the club to permanently cease and desist "all sexually-themed performances or performances featuring specified anatomical areas."

The suit states that "permanent injunctive relief is necessary to protect the quality of life, public health, safety and general welfare of the citizens, and in order that the county may fulfill its obligations to the citizens in enforcing the laws and ordinances of Pasco County."

In addition to Club Elite and the Kubbs, the suit also names W.J. Investments, owner of the property; S&G Investments of Hernando County Inc., which owns the liquor license to Club Elite; and Susan Panesso, who is listed as an owner, as defendants.

The club's attorney, Julian Hayes, said today his clients haven't been served with the lawsuit and he hasn't seen it.

"What can I say if I haven't seen the allegations?" Hayes asked.

Eric Keaton, Pasco County spokesman, said neither he nor the attorney who filed it for the county can comment on the case now that it's in litigation.

The club opened in September 2007, and since the beginning complaints have been going into the sheriff's office - so many that in November of that same year detectives began an undercover investigation which continued until April. The investigative reports were released today.

All Quiet Outside

During the day, there are no signs of what goes on at the club located on the second story of West Port Plaza, a strip mall at 9721 U.S. 19, Port Richey, just north of Gulf View Square. Below it, patrons frequent businesses such as a bakery, a dentist and a deli, probably without realizing a club is above them.

But Wednesday through Sunday at 8 p.m. – or 6 p.m. on Sundays – when Club Elite Opens its doors until the wee hours, it's clear there's a party of a different kind inside beyond the tinted windows.

"Club Elite Florida caters to sensually erotic couples and singles," according to the Frequently Asked Questions section of the Web site. "Our goal is to provide a clean, no-pressure environment where fun, passion, romance, incredible excitement and more are all possible in a first class upscale atmosphere. … Erotic memories will be made at this prestigious club."

The lawsuit alleges Club Elite offers members sexually themed floor shows, sexually themed contests and areas where people can watch others engaged in sexual activities.

When undercover detectives – two men and two women - visited the club, they observed this type of behavior many times over, the reports say.

According to the reports:

During their first visit on Nov. 24, 2007, a male and female detective team was given a free yearlong membership by owner Eric Kubb. They were given a tour and shown the bottle club area, a buffet area, a lingerie/adult toy shop, a pool and dartboard room and then the private room area. A large leather couch in the middle room was circled by about 10 rooms for patrons.

The tour guide explained that if a room's door was closed the people inside couldn't be disturbed but if it was open they were allowed to watch but could only join the activity if invited by the people inside. Later, the detectives witnessed sex acts inside the rooms.

On another night, detectives watched a show involving a woman clad only in a black thong with her arms bound above her by leather constraints while a man struck her with a leather whip.

Undercover Findings

On another occasion, a male detective participated in a wet T-shirt contest after fearing the owners were on to his cover, the report states. The female detective was later dared to put on the male detective's wet, ripped T-shirt and went into the ladies' room and changed into it. No parts of her breasts were showing, she noted in the report. When she went back out into the club area, Eric Kubb said, "Now that's sexy."

On several occasions, the owner told the undercover detectives that he was running a clean business and wasn't violating any laws. Detectives never found any evidence of drug use or sales and never saw any instances of anyone paying for sex, said sheriff's office spokesman Kevin Doll.

Despite the lengthy investigation, no criminal charges have been filed against any members or employees of the club. Doll said detectives likely could've made arrest based on lewdness laws, but it would have blown the operations cover and similar arrests at strip clubs have held up in court.

The club is private, he added. It requires an annual membership fee of $75 per couple, $20 for single females and $100 for single males, but nightly pricing is available.

"Swinging isn't against the law," Doll said.

The detectives reported to the county that the club appears to be in violation of zoning laws, which is how it eventually led to the lawsuit, he added.

No hearing has been set in the case.

Reporter Lisa A. Davis can be reached at (727) 815-1083.

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