Do We Have A Legal Right To A Orgy?
The city of Duncanville, Tx that is neighborhood of Dallas has been involved in its own little Jerry Falwell style bible belt fight with the founders of a secret ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an expensive Duncanville housing area. The Cherry Pit posts on the web and according to announced news draws as many as 140 adults to a weekly gathering.
The Cherry Pit has been holding swinging party sex where visitors 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 entrance fee is to cover the cost of foodstuff, beverages etc and not a cost for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an extra service fee they would even “bring out the gimp“….(just a joke)
This whole deal started earlierin October of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next regulation:
“the function and maintenance of a club to be illegal and a public annoyance. Violation of the new decree will effect in a fine of up to $2,000.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a party of “friends and family” looking for some fun and determined that it was Really a sexually oriented commerce and subject to the ordinance. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not 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 donations. Have you ever had your friends over for a barbecue and asked everyone to pitch in $5 or bring a bowl? That is precisely what we do. The only requirement to get into my house 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 believed that the rule is a guise to attack their way of life 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 ethics into my personal dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the order banning swingers clubs violates their solitude and due process rights. They are mostly using the same argument under which a right to privacy was found under Roe v. Wade. They have to use this technique 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 advisor, Ed Klein, said the city tries 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 now the City of Duncanville broadened the rule designed to close the club down by making the classification of a swinger club more universal and add a local appeal procedure for swinger clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit responsible of unlawfully operating a sexually oriented industry.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do cocaine in the confidentiality of your apartment. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to regulate the nude women Texas showing up at the club. They are trying to order the owners of the club in cheering 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 vast dissimilarity…
Nobody is going to tell you that you should not go down to your neighborhood red light quarter and get a BJ from Mollie the local crack addict or Billy the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We of course are aware of however that the act of handing over a dollar in trade for the BJ makes the otherwise agreeable act illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose doing goes with “the other end”). The state has decided that there is a forceful state 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 company. The Cherry Pit has since been locked. While advice 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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