State v. Zeta Chi Fraternity

Zeta Chi Fraternity (defendant), a New Hampshire corporation and fraternity at the University of New Hampshire, held a rush party at its fraternity house. In order to encourage attendance, Zeta Chi hired exotic dancers to perform at the rush. Fraternity members told guests to give the dancers dollar bills in exchange for their performance, which consisted of the dancers lying on a mattress brought out by members of the fraternity whereupon the dancers simulated oral sex. Witnesses testified that when giving more money, guests performed oral sex on the dancers. Another witness, an underaged guest at the rush, testified that beer was available from a vending machine located in an apartment in another part of the fraternity house. There was a line for the vending machine, and a fraternity member was making change for the machine. According to a fraternity member, there was a vote not to serve alcohol at the rush, and so the fraternity members moved the vending machine to a separate apartment in another part of the fraternity house. The fraternity member also testified, however, that the fraternity had control over the vending machine and its proceeds and that only fraternity members would have an interest in making change for the machine. Zeta Chi was convicted of selling alcohol to a person under the age of 21 and of prostitution, in violation of state statutes. Zeta Chi appealed on grounds that there was insufficient evidence to support either conviction.