Do We Have A Legal Right To A Orgy?
The municipality of Duncanville, Texas that is outscirts of Dallas has been drawn in its own small Jerry Falwell type holy scripture belt conflict with the owners of a private ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an upscale Duncanville housing region. The Cherry Pit promotes on the internet and according to published news draws as many as 140 members to a weekly social gathering.
The Cherry Pit has been throwing adult parties where visitors pay a charge for entrance and are able get involved in pretty much any sort of sexualgroup sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the price of foodstuff, soft 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 said for an extra service charge they would even “bring out the gimp“….(just a joke)
The entire bru ha ha started earlierin October of 2006 when after few years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the next order:
“the function and maintenance of a adult to be against the law and a public annoyance. Violation of the new regulation will outcome in a fine of up to $2,500.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a party of “friends and family” looking for some enjoyment and determined that it was basically a sexually oriented industry and subject to the regulation. The reaction of Julie Norris, one of the founders of “The Pit” was the following:
“I do not know what their meaning of a commerce 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 accept donations. Have you ever had your buddies over for a booze and asked everyone to pitch in $5 or bring a plate? That is precisely what we do. The only condition 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 continued to state that she believed that the order is a guise to attack their way of life and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private house and I am going to 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 regulation banning swingers clubs violates their confidentiality 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 in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal advisor, Ed Kline, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the order designed to shut the club down by making the definition of a adult club more general and add a local petition procedure for swinger clubs that the city orders to close.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented industry.
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 not do drugs in the seclusion of your house. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to control the sex dating TX showing up at the club. They are attempting to order the owners of the club 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 state regulation. There is a big dissimilarity…
Nobody is going to tell you that you can not go down to your neighborhood red light quarter and get a blowjob from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in trade for the quickie makes the otherwise agreeable doing illegal prostitution on one end and the illegal operation 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 government has decided that there is a undeniable state interest 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 closed. While recommendations for the owners declared that the verdict 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