Do We Have A Legal Right To A Orgy?
The city of Duncanville, Tx that is outscirts of Dallas has been involved in its own small Jerry Falwell manner bible belt combat with the founders of a privileged “swingers club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville residential community. The Cherry Pit promotes on the web and according to advertised news invites as many as 120 visitors to a weekly gathering.
The Cherry Pit has been throwing swingers adult party where visitors pay a cost for entrance and can get involved in pretty much any kind of sex deeds they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the cost of foodstuff, drinks etc and not a price for the opportunity 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 money they will even “bring out the gimp“….(just joking)
The entire bru ha ha happened earlierin October of 2006 when past few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the next ordinance:
“the function and maintenance of a adult to be unlawful and a public nuisance. Violation of the new ordinance can result in a fine of up to $3,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” seeking some fun and determined that it was in fact a sexually oriented commerce and subject to the law. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t recognize what their classification of a commerce is, but to my understanding a business is public – anybody can just walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a booze and asked everybody to pitch in $10 or bring a food? That is just what we do. The only condition to get into my home 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 assumed that the decree is a guise to assault their lifestyles 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 ethics into my private home and I am going to 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 decree banning swingers clubs violates their privacy and due process rights. They are basically 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 actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Ed 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 today the City of Duncanville broadened the order intended to close the club down by making the explanation of a swinger club more broad and add a local petition process for sex clubs that the town orders to shut down.
***October 29, 2008 A jury found the owners of the Cherry Pit accountable of illegitimately operating a sexually oriented company.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can’t do heroin in the privacy of your dwelling. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to regulate 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 administration. There is a vast dissimilarity…
Nobody is going to tell you that you cant go down to your neighborhood red light block and get a BJ from Sallie the local crack addict or Jimmy the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable step illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other wicked stuff goes with “the other end”). The government has decided that there is a compelling state concern 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 advice for the owners declared that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas