Do You Have A Lawful Right To A Orgy?
The town of Duncanville, Texas which is neighborhood of Dallas has been involved in its own petite Jerry Falwell style holy scripture strip clash with the founders of a privileged “adult club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban district. The Cherry Pit advertises on the internet and according to advertised reports invites as many as 160 adults to a weekly gathering.
The Cherry Pit has been holding bisexual orgy parties where visitors pay a fee for entrance and are able engage in almost any sort of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the expence of food, soft drinks 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 fee they could even “bring out the gimp“….(just kidding)
The whole deal started latein December of 2006 when past some years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the following order:
“the operation and maintenance of a swinger to be illegal and a public nuisance. Violation of the new order can effect in a fine of up to $2,500.”
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 excitement and determined that it was basically 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 don’t recognize what their meaning of a business is, but to my understanding a business is public – anyone can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a barbecue and asked everyone to pitch in $10 or bring a bowl? That is just what we do. The only condition to get into my house 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 understood that the decree is a guise to attack their way of life and values and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my personal territory and I am going 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 ordinance banning swingers 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 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 legal representative, Edward Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official wrangling has taken place… Only now the City of Duncanville broadened the decree designed to shut the club down by making the explanation of a sex club more general and add a local petition process for sex clubs that the city orders to close.
***October 29, 2008 A jury found the organizers 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 state getting its’ rocks off?
You obviously can not do drugs in the seclusion of your house. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to regulate the swingers in TX showing up at the place. They are trying to order the hosts of the place 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 management. There is a colossal distinction…
No one is going to tell you that you should not go down to your neighborhood red light block and get a blowjob from Mollie the local crack addict or Jimmy 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 quickie makes the otherwise consenting action 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 whatsoever other nasty doing goes with “the other end”). The state has decided that there is a forceful state awareness 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 business. The Cherry Pit has since been closed. While warnings for the owners declared that the decree 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