Do You Have A Lawful Right To A Orgy?
The city of Duncanville, Texas which is outscirts of Dallas has been involved in its own little Jerry Falwell style holy scripture strip battle with the owners of a secluded ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an fashionable Duncanville housing region. The Cherry Pit publishes on the internet and according to advertised news invites as many as 140 swingers to a weekend party.
The Cherry Pit has been holding private sex party where visitors pay a fee for entrance and can get involved in mosly any sort of sexualgroup sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the price of foodstuff, beverages etc and not a fee for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an additional service fee they would even “bring out the gimp“….(just a joke)
This whole deal started backin October of 2007 when after few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the subsequent decree:
“the operation and maintenance of a adult to be illegal and a public nuisance. Violation of the new order will result in a fine of up to $3,000.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a gathering of “friends and family” seeking some fun and resoluted that it was in fact a sexually oriented commerce and subject to the law. The respond of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not know what their definition of a industry is, but to my understanding a business is public – anybody can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your buddies over for a grill and asked everyone to pitch in $5 or bring a dish? That is precisely what we do. The only requirement to get into my residence is that a person call and let me know that you are coming and you are on my reservation list.”
Ms Norris went on to state that she assumed that the decree is a excuse to attack their way of life 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 ethics into my private dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit after that counter sued the city claiming the order banning adult clubs violates their confidentiality and due process rights. They are basically 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 really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klein, said the city tries to regulate private acts in a private house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal wrangling has taken place… Only now the City of Duncanville broadened the order designed to close the club down by making the explanation of a swinger club more broad and add a local plea process for couples clubs that the city orders to close.
***October 29, 2008 A jury found the owners of the Cherry Pit accountable of illegitimately operating a sexually oriented industry.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do drugs in the seclusion of your home. 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 sex dating TX showing up at the place. They are attempting to control the hosts of the place in allowing 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 control. There is a vast difference…
No one is going to advice you that you cant go down to your neighborhood red light area and get a BJ from Kathie the local crack addict or Bobby the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some entertainment. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable doing 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 whatever other nasty stuff goes with “the other end”). The government has decided that there is a compelling government awareness to control 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 closed. While advice for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas