Do You Have A Legal Right To A Orgy?
The town of Duncanville, Texas which is suburb of Dallas has been involved in its own small Jerry Falwell type holy scripture belt battle with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville housing neighborhood. The Cherry Pit publishes on the web and according to announced reports draws as many as 130 swingers to a weekend party.
The Cherry Pit has been throwing college sex party where visitors pay a cost for admission and are able engage in mosly any type of sexualgroup sex actions they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, drinks etc and not a price for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service money they would even “bring out the gimp“….(just kidding)
The whole thing started earlierin December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, 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 club to be unlawful and a public irritation. Violation of the new order can result in a fine of up to $3,000.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than simply a meeting of “friends and family” looking for some excitement and resoluted that it was Really a sexually oriented business and subject to the law. The response of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t know what their classification of a industry is, but to my understanding a business is public – anybody can simply walk into it and you shall pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a booze and asked everybody to pitch in $10 or bring a plate? That is exactly what we do. The only condition 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 went on to state that she believed that the decree is a guise to harass their lifestyles and values and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my personal home and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit subsequently counter sued the city claiming the ordinance banning adult clubs violates their solitude 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 method in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Ed Kline, said the city is trying to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Just now the City of Duncanville broadened the ordinance designed to shut the club down by making the definition of a adult club more universal and add a local petition procedure for couples clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit guilty of illegally operating a sexually oriented company.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can’t do cocaine in the isolation of your dwelling. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to control the swinger adult dating showing up at the place. They are trying to regulate the hosts of the home in cheering the “Piters” to engage in sex for a fee at their home…. The state 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 government regulation. There is a big distinction…
No one is going to advice you that you can not go down to your local red light area and get a BJ from Mollie the local crack addict or Larry the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise agreeable step 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 jury 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 industry. The Cherry Pit has since been locked. While warnings for the owners declared that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.