Do You Have A Legal Right To A Orgy?
The town of Duncanville, Tx that is outscirts of Dallas has been drawn in its own little Jerry Falwell style holy scripture belt battle with the founders of a private ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville residential district. The Cherry Pit advertises on the internet and according to announced information invites as many as 140 visitors to a weekly party.
The Cherry Pit has been holding wild sex party where couples pay a fee for entry and could engage in mosly any kind of sexualgroup sex activity they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of food, drinks etc and not a charge for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an extra service money they will even “bring out the gimp“….(just a joke)
The entire deal happened earlierin October of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following order:
“the operation and maintenance of a swinger to be unlawful and a public irritation. Violation of the new regulation will result in a fine of up to $2,500.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a party of “friends and family” seeking some fun and resoluted that it was Really a sexually oriented industry and subject to the ordinance. The respond of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not comprehend what their classification of a business is, but to my understanding a business is public – anybody can just walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your friends over for a grill and asked everyone to pitch in $5 or bring a food? That is just what we do. The only requirement 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 regulation is a excuse to harass 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 principles into my personal territory and I will 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 adult clubs violates their confidentiality 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 scheme in making the right to privacy argument because there is in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klain, said the city is trying to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal backbiting has taken place… Only today the City of Duncanville broadened the order meant to close the club down by making the classification of a swinger club more broad and add a local petition procedure for sex clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit accountable of unlawfully operating a sexually oriented company.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can’t do heroin in the isolation 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 control the swinger personals in Texas showing up at the house. They are attempting to control the owners of the house in allowing 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 punishment. There is a big dissimilarity…
No one is going to advice you that you cant go down to your local red light area and get a blowjob from Lily the local crack addict or Larry the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in exchange for the quickie 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 whatever other nasty action goes with “the other end”). The jury has decided that there is a compelling state awareness to control 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 shut down. While warnings for the owners declared that the conclusion 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