The DNA Lounge was originally opened as a gay leather bar in 1977 called "Chaps" and had many iterations since -- including past performances by Chris Isaak, Prince, 2 Live Crew, Primus, Nina Hagen and more -- and was purchased by open source software hacker Jamie Zawinski in 1999. But the California Department of Alcoholic Beverage Control is allegedly trying to put DNA Lounge permanently out of business, and according to Zawinski, has used the venue's occasional openly gay events to send in undercover agents with cameras, have accused the DNA of "running a disorderly house injurious to the public welfare and morals" and are trying to permanently revoke the DNA's liquor license.

So why does it look like the ABC is suddenly hating on the DNA's gay events, and possibly taking (some pretty questionable) measures to shut down the club? The short version is that the club wanted to become all-ages -- a much-needed rarity in San Francisco these days for live music -- and the DNA required a restaurant (food and liquor) license to do so. For the license upgrade, the DNA garnered the support of not only local neighbors, but also the SFPD. However, the ABC denied the DNA's application, and the DNA upset The Godfather by appealing. Which is when according to Zawinski, "As a direct result of our having filed an appeal, ABC began sending undercover agents into the club during our gay and lesbian promotions looking for dirt. As far as we can tell, undercover agents were present at Escandalo and Cream events during March, April, and May of 2008."

All of the ABC's accusations relate to two monthly events that used to happen at the DNA: "Cream," a lesbian dance party; and "Escandalo", a gay male Latin dance party. The DNA canceled both of those events after they learned that the ABC was taking action against the club. Meanwhile, The Eagle is a block away; The Folsom Street Fair happens next door every September.

It's interesting to wonder why the ABC went to Escandalo and Cream. In March 2008, the DNA hosted The San Francisco Fetish Ball Gallery show and The Hubba Hubba Revue (burlesque/variety). In April 2008, the DNA Lounge also featured Ignite SF and again, The Hubba Hubba Revue's gyrations. In May 2008, ABC agents could have paid another undercover visit to the tassel-twirling Hubba Hubba Revue or gone to the Bohemian Carnival, featuring the notoriously naughty Extra Action Marching Band and The Vau De Vire Society, a "sexy style subculture circus." Instead, the events openly advertised as gay and lesbian -- Escandolo and Cream -- were visited and cited.

In August 2008, the DNA Lounge received a citation from ABC for "lewdness," "discrimination," and "running a disorderly house injurious to the public welfare and morals" -- the first ever citation received by the club. Fighting this in court ever since, Zawinski stated, "According to ABC's testimony, the exposures [at Escandolo and Cream] lasted 2-3 seconds, or 'sometimes 20 seconds.' So in a room full of people, the undercover ABC agents saw some brief flashing that our security happened not to notice. ABC claims that we are responsible for these incidents, even though they didn't involve our employees, and we tried to prevent them. In years past, ABC's standard penalty for these sorts of violations at actual strip clubs had been as little as a small fine plus one year of probation. This time, ABC is asking for the maximum allowable penalty: outright revocation of our alcohol license."

This would mean the end of any club at the location, not just the DNA Lounge -- a few seconds of flashing in San Francisco at a gay event garnering the harshest possible penalty? Yes, that's our budget crisis being put to good use. But it's not the first time the California ABC has involved itself with LGBT morality at public establishments and seeming punishment of LGBT supportive club owners.

Long before I was wearing a rainbow SFPD badge and riding with my mom, Police Commission President Theresa Sparks in an SFPD Pride Parade convertible, the SFPD and the ABC had a reputation for colluding to run gay (or gay-supportive) clubs out of business. The Black Cat Bar opened in 1906, and became a hangout for beats, bohemians, and gays -- sort of like how Cypress Hill's "Insane In The Brain" music video was shot at the DNA's location, Jack Kerouac's novel "On the Road" was partially set in The Black Cat Bar. Steinbeck hung out there, too.

In 1948, the SFPD and the ABC, in response to the Black Cat's increasing homosexual clientele, reportedly began a campaign of harassment against the bar and its patrons. Like Zawinski -- openly heterosexual, but LGBT-positive -- owner Sol Stoumen was charged with such crimes as "keeping a disorderly house." The DNA has been changed with "running a disorderly house injurious to the public welfare and morals." In response and on principle, Stoumen, again like Zawinski, took the state to court.

The California Supreme Court responded to Stoumen's lawsuit by stating in the final ruling that something more than gayness must be "proven" to shut down any establishment -- a good thing -- but the court parenthetically framed its opinion by stating that ABC can still close bars with, "proof of the commission of illegal or immoral acts on the premises." Proof, like when you send in guys with hidden cameras to gay, lesbian and trans events where sexuality is a celebration -- and allegedly seek out "proof" of patrons disobeying the establishment's security? Meanwhile, it appears that hetero strip clubs get a slap on the -- ahem -- wrist.

The Black Cat's fight heralded the unintentional birth of the morality-strongarming ABC: thanks to the ruling and the "illegal or immoral acts" language of the opinion, California passed a constitutional amendment officially creating and empowering with moral authority the California Department of Alcoholic Beverage Control (ABC). In 1955 the Assembly passed a law authorizing broad powers for the ABC to shut down any "resort [for] sexual perverts." The Black Cat was subsequently shut down under this authority, along with a number of other establishments. Enforcing morality, indeed. In September of 2000, the ACLU celebrated a victory over the ABC when the Department of Alcoholic Beverages Control tried to pull the liquor license of a convention center in Palm Springs that was hosting -- OMG -- an erotic art show (probably very much like The San Francisco Fetish Ball Gallery show at the DNA). "The Department of Alcoholic Beverages Control was trying to control more than beverages," said Peter Eliasberg, Staff Attorney at the ACLU of Southern California.

The DNA Lounge is going to be fighting the ABC in court (a la The Black Cat), and probably for a long, expensive time.

Don't try to make sense of the ABC's alleged LGBT takedown attempts of the DNA (or the resulting alphabet soup): take action. Donate. Running a club in San Francisco is not a way to get rich -- the DNA needs legal funds, so donate to stop this idiocy and make your statement about the ABC's use of the DNA's LGBT events with your wallet. And Zawinski suggests to, "Write to the San Francisco Board of Supervisors, specifically Ross Mirkarimi and Bevan Dufty, and let them know what you think about how ABC has been treating DNA Lounge."

Violet Blue is author and editor of nearly two dozen sexual health books and erotica collections. She is a professional sex educator, lecturer, podcaster, blogger, vlogger, porn/erotica reviewer and machine artist. She has written for outlets ranging from Forbes.com to O, The Oprah Magazine.

Violet is also a fetish model, a member of Survival Research Labs, a Laughing Squid guest blogger, GETV reporter, fun to follow on Twitter, a San Francisco native and a Forbes Web Celeb. Her tech site is Techyum; her audio and e-books are at Digita Publications.

For more information and links to Web sites discussed in Open Source Sex, go to Violet Blue's Web site, tinynibbles.com.