DISORDERLY HOUSE
A place where individuals reside or which they frequent for purposes that pose a threat to public health, morals, convenience, or safety, and that may create a public NUISANCE.A disorderly house is an all-inclusive term that may be used to describe such places as a house of prostitution, an illegal gambling casino, or a site where drugs are constantly bought and sold. It is any place where unlawful practices are habitually carried on by the public.
Various offenses concerning disorderly houses exist at COMMON LAW and under criminal statutes. The maintenance of a disorderly house is considered to be an ongoing offense
and, at times, the offense involves a specific type of place, such as a bordello or GAMING house.
The offenses are divided into four classes, which encompass keeping or maintaining a disorderly house, letting a house to be used as a disorderly house, frequenting or abiding permanently in a disorderly house, and disguising a disorderly house by displaying a sign of an honest occupation—such as disguising a house of prostitution as a dress shop.
Statutes
In most jurisdictions, the maintenance of a disorderly house is an offense and, in order to be valid, each statute must clearly state the nature of the offense. Ordinarily, most statutes merely define the common-law offense rather than create a new statute. In states with statutes that provide for the punishment of an offense but do not define what a disorderly house is, the common law is examined to determine what the definition should be. In contrast, where the statute embodies a characterization of the house as well as prohibited conduct therein, the statute itself determines what constitutes the offense.
The prohibition against disorderly houses
and the offenses they encompass are valid exer-
cises of the POLICE POWER of the state.
Elements
The elements of the offense of maintaining a
disorderly house depend on statutory provisions
that vary from state to state. A place may be
named a disorderly house if alcohol is sold on
the premises and if the law in that jurisdiction
prohibits such sale. Essential to all offenses
involving disorderly houses is the character of
the house.
House or Other Building or Place The
commission of the offense is dependent upon
the presence of a house or place of public resort,
the physical characteristics of which are imma-
terial. A disorderly house may be any place,
including a room in a building or a steamship,
an apartment, a garden, or a space under the
grandstand at the racetrack.
The character of the place as a public resort
is important. The general rule is that a disor-
derly house must be a place to which the general
public or a segment of the public retreats for
immoral purposes without prior invitation. A
disorderly house may be used for other purposes
that are not prohibited by law in addition to
immoral purposes, but this in no way affects its
classification as a disorderly house.
Annoyance or Injury to the Public The
annoyance to the general public, as opposed to
anyone in particular, is an essential element of
the definition of a disorderly house. This annoy-
ance or injury is based on the fact that activities
being conducted are considered detrimental to
public morals, welfare, and safety. They need not
disturb the peace and quiet of a neighborhood
to be construed as disorderly. A house where
drugs are sold quietly or where a bordello is dis-
creetly operated would be considered an endan-
germent to the public peace.
Persons Liable
The liability of those concerned in offenses
in connection with disorderly houses is not
based upon their civil or contractual status.
Some statutes specify who may be liable and in
such cases, only those designated may be prose-
cuted. Partners, servants, and agents as well as
the officers of a corporation have all been held
liable for the operation of disorderly houses and the various offenses committed on the premises.
DISPARAGEMENT
In old ENGLISH LAW, an injury resulting from the
comparison of a person or thing with an individual
or thing of inferior quality; to discredit oneself by marriage below one’s class. A statement made
by one person that casts aspersions on another person’s
goods, property, or intangible things.
In TORTS, a considerable body of law has
come about concerning interference with business
or economic relations. The TORT of injurious
falsehood, or disparagement, is concerned
with the publication of derogatory information
about a person’s title to his or her property, to
his or her business in general, or anything else
made for the purpose of discouraging people
from dealing with the individual. Generally, if
the aspersions are cast upon the quality of what
the person has to sell, or the person’s business
itself, proof of damages is essential.
Disparagement of goods is a false or misleading
statement by an entrepreneur about a competitor’s
goods. It is made with the intention of
influencing people adversely so they will not buy
the goods.
Disparagement of title is a false or malicious
statement made about an individual’s title to
real or PERSONAL PROPERTY. Such disparagement
may result in a pecuniary loss due to
impairment of vendibility that the defamatory
statements might cause.
CROSS-REFERENCES
Defamation.
