Do You Have A Lawful Right To A Gangbang?
The town of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible belt battle with the founders of a secluded “swingers club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville suburban area. The Cherry Pit promotes on the internet and according to published reports invites as many as 160 members to a weekly party.
The Cherry Pit has been holding group orgy parties where couples pay a fee for admission and are able engage in pretty much any kind of sexualgroup sex actions they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance charge is to cover the price of foodstuff, beverages etc and not a charge 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 extra service charge they will even “bring out the gimp“….(just a joke)
This whole thing happened backin October of 2007 when after few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following regulation:
“the operation and maintenance of a sex to be illegal and a public annoyance. Violation of the new order will effect in a fine of up to $3,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a party of “friends and family” seeking some fun and resoluted that it was actually a sexually oriented industry and subject to the law. The response of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not recognize what their meaning of a industry is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a barbecue and asked everyone to pitch in $5 or bring a dish? That is exactly what we do. The only condition to get into my house 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 understood that the ordinance is a guise to assault their lifestyles and beliefs and that the decree 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 will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit then counter sued the city claiming the ordinance banning sex clubs violates their confidentiality 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 in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klein, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the official squabbling has taken place… Only now the City of Duncanville broadened the order designed to close the club down by making the definition of a sex club more general and add a local petition process for swinger clubs that the city orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit responsible of illegally operating a sexually oriented company.
So what do you 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 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 control the TX adult dating showing up at the house. They are trying to order the founders of the club 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 state control. There is a vast dissimilarity…
Nobody is going to advice you that you can not go down to your local red light quarter and get a blowjob from Lily the local crack addict or Eddie the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in trade for the BJ makes the otherwise agreeable step 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 whatever other disgusting doing goes with “the other end”). The jury has decided that there is a undeniable state interest 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 commerce. The Cherry Pit has since been shut down. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas