Do You Have A Legitimate Right To A Gangbang?
The municipality of Duncanville, Tx which is suburb of Dallas has been drawn in its own little Jerry Falwell type bible belt conflict with the owners of a privileged “swingers club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an fashionable Duncanville housing area. The Cherry Pit publishes on the internet and according to advertised news draws as many as 130 members to a weekend party.
The Cherry Pit has been holding orgy party where visitors pay a charge for admission and could get involved in almost any kind 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 price is to cover the expence of food, drinks etc and not a fee 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 fee they could even “bring out the gimp“….(just a joke)
The entire deal happened earlierin November of 2006 when past several 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 subsequent order:
“the operation and maintenance of a sex to be illegal and a public nuisance. Violation of the new regulation can outcome 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 fun and resoluted that it was actually a sexually oriented business and subject to the law. The reaction of Julie Norris, one of the founders of “The Pit” was the following:
“I don’t recognize what their definition of a business 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 accept contributions. Have you ever had your friends over for a grill and asked everybody to pitch in $5 or bring a bowl? 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 understood that the order is a guise to assault their way of life and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my personal dwelling and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit then counter sued the city claiming the regulation banning adult clubs violates their seclusion 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 basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal advisor, Ed Klein, 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 stayed open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the ordinance intended to shut the club down by making the definition of a swinger club more general and add a local plea procedure for adult clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit guilty of illegally operating a sexually oriented business.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can not do drugs in the privacy 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 adult dating in Dallas showing up at the place. They are trying to order the hosts of the home in encouraging 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 control. There is a huge distinction…
Nobody is going to tell you that you can not go down to your local red light block and get a blowjob from Lily the local crack addict or Billy the cross dressing pimp or even take any of parejas sexo to the Cherry Pit for some entertainment. We surely know however that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable operation illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other wicked doing goes with “the other end”). The jury has decided that there is a compelling government interest to regulate 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 commerce. The Cherry Pit has since been closed. While warnings for the owners stated that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas