Do You Have A Lawful Right To A Swing Party?
The town of Duncanville, Texas which is suburb of Dallas has been involved in its own little Jerry Falwell manner holy scripture belt conflict with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an expensive Duncanville residential neighborhood. The Cherry Pit publishes on the web and according to advertised information draws as many as 100 guests to a weekend party.
The Cherry Pit has been throwing group orgies where guests pay a charge for admission and are able engage in mosly any kind of sexualgroup sex deeds they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry price is to cover the price of snacks, beverages etc and not a fee for the benefit 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 money they could even “bring out the gimp“….(just kidding)
The whole deal happened earlierin December of 2007 when after some years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the following regulation:
“the function and maintenance of a adult to be unlawful and a public nuisance. Violation of the new ordinance can effect 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 simply a gathering of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented business and subject to the regulation. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not know what their meaning of a business 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 contributions. Have you ever had your buddies over for a barbecue and asked everybody to pitch in $10 or bring a food? 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 continued to state that she assumed that the order is a excuse to harass their way of life and beliefs and that the regulation regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my personal territory and I have to 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 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 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 house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal squabbling has taken place… Just today the City of Duncanville broadened the regulation designed to shut the club down by making the classification of a swinger club more broad and add a local plea process for sex clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit responsible of illegally operating a sexually oriented industry.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can’t do cocaine in the confidentiality 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 Texas married women looking for men showing up at the place. They are trying to regulate the hosts of the house 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 management. There is a huge dissimilarity…
Nobody is going to advice you that you can not go down to your local red light quarter and get a blowjob from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some fun. 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 grose action goes with “the other end”). The government has decided that there is a compelling state awareness 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 industry. 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 uncertain if either of those was ever pursued.
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