Do We Have A Legitimate Right To A Orgy?
The municipality of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible strip fight with the founders of a privileged “swingers club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville housing community. The Cherry Pit posts on the internet and according to published information draws as many as 100 visitors to a weekend party.
The Cherry Pit has been holding private sex party where guests pay a cost for entrance and can engage in pretty much any kind of sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the expence of snacks, soft drinks 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 said for an additional service fee they could even “bring out the gimp“….(just joking)
This whole deal started latein October of 2007 when after few years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the subsequent regulation:
“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 $2,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” looking for some excitement and determined that it was actually a sexually oriented industry and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was the following:
“I do not comprehend what their classification of a commerce is, but to my understanding a business is public – anyone can just walk into it and you should pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your friends over for a booze and asked everyone to pitch in $5 or bring a bowl? That is precisely what we do. The only condition to get into my house is that you 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 regulation is a guise to harass their way of life and beliefs and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private dwelling and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the regulation banning swingers 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 lawer, Ed 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 backbiting has taken place… Only today the City of Duncanville broadened the order meant to lock the club down by making the classification of a adult club more universal and add a local plea procedure for swinger clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit guilty of illegally operating a sexually oriented industry.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do drugs in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to order the TX swingers showing up at the venue. They are trying to control the owners 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 state punishment. There is a huge distinction…
No one is going to tell you that you can not go down to your local red light quarter and get a BJ from Lily the local crack addict or Mikey the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We surely are aware of nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting operation 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 grose doing goes with “the other end”). The state has decided that there is a compelling state interest to adjust 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 closed. While warnings for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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