Do You Have A Lawful Right To A Swing Party?
The city of Duncanville, Texas that is outscirts of Dallas has been involved in its own little Jerry Falwell type bible belt combat with the owners of a privileged “swingers club” called “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville residential area. The Cherry Pit promotes on the internet and according to advertised reports draws as many as 150 visitors to a weekly social gathering.
The Cherry Pit has been holding private sex partys where couples pay a fee for entrance and are able get involved in mosly any kind 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 charge is to cover the price of snacks, drinks 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 would even “bring out the gimp“….(just a joke)
The entire bru ha ha happened backin December of 2006 when past several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the following decree:
“the function and maintenance of a adult to be illegal and a public annoyance. Violation of the new ordinance will outcome in a fine of up to $2,000.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than just a gathering of “friends and family” looking for some enjoyment and determined that it was in fact a sexually oriented business and subject to the law. The respond of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t comprehend what their meaning of a industry is, but to my understanding a business is public – anyone can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your buddies over for a Party and asked everybody to pitch in $5 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 went on to state that she assumed that the regulation is a guise to attack their way of life and values and that the decree regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my own home and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit afterward counter sued the city claiming the order banning swingers clubs violates their seclusion 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 scheme 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, Edward Klein, said the city is trying to regulate private acts in a private home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official backbiting has taken place… Just today the City of Duncanville broadened the ordinance designed to shut the club down by making the definition of a sex 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 guilty of illegitimately operating a sexually oriented company.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do cocaine in the isolation of your home. 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 married but horny in TX showing up at the place. They are attempting to regulate the founders of the place in allowing 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 government control. There is a colossal dissimilarity…
Nobody is going to tell you that you cant go down to your neighborhood red light quarter and get a blowjob from Kathie the local crack addict or Mikey the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some fun. We of course are aware of nonetheless that the act of handing over a dollar in exchange for the blowjob makes the otherwise consenting operation illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other wicked doing goes with “the other end”). The jury has decided that there is a forceful government concern to regulate 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 locked. While advice for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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