Do You Have A Lawful Right To A Orgy?
The town of Duncanville, Tx which is neighborhood of Dallas has been drawn in its own little Jerry Falwell type bible belt battle with the owners of a privileged ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an fashionable Duncanville housing area. The Cherry Pit posts on the internet and according to advertised news draws as many as 120 swingers to a weekend social gathering.
The Cherry Pit has been throwing swingers parties where visitors pay a charge for entry and could engage in almost any type of sex actions they want on the location. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the expence of food, beverages etc and not a fee for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an extra service fee they will even “bring out the gimp“….(just kidding)
The whole deal started earlierin December of 2006 when after few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the following ordinance:
“the operation and maintenance of a sex to be unlawful and a public irritation. Violation of the new order can outcome in a fine of up to $2,500.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a gathering of “friends and family” looking for some fun and resoluted that it was Really a sexually oriented commerce and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t recognize what their classification of a business is, but to my understanding a business is public – anyone can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a booze and asked everyone to pitch in $10 or bring a plate? That is exactly what we do. The only requirement to get into my home is that anyone call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she believed that the rule is a excuse to attack their lifestyles and values and that the regulation regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my own home and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit after that counter sued the city claiming the order banning sex clubs violates their privacy and due process rights. They are mainly using the same argument under which a right to privacy was found under Roe v. Wade. They have to use this manner in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Ed Klain, said the city is trying to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal backbiting has taken place… Only today the City of Duncanville broadened the regulation designed to shut the club down by making the definition of a sex club more general and add a local appeal process for adult clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of illegitimately operating a sexually oriented business.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can’t do cocaine in the confidentiality of your apartment. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to order the Texas swinger personals meeting showing up at the house. They are attempting to regulate the owners of the place in cheering the “Piters” to engage in sex for a fee at their home…. The government is NOT regulating where and with whom you can have sex with. They are telling the owners of the Pit that if they are charging you to do it, they are subject to state administration. There is a vast distinction…
No one is going to advice you that you should not go down to your neighborhood red light quarter and get a BJ from Lily the local crack addict or Larry the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some entertainment. We of course know however that the act of handing over a dollar in trade for the BJ makes the otherwise agreeable act illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other disgusting action goes with “the other end”). The government has decided that there is a undeniable government awareness to normalize and/or criminalize such acts…
***October 29, 2008 A jury found the owner of the Cherry Pit guilty on 10 counts of running a sexually oriented business. The Cherry Pit has since been shut down. While counsel for the owners declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.