Do You Have A Legal Right To A Orgy?
The municipality of Duncanville, Texas that is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip fight with the founders of a secret ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an expensive Duncanville suburban area. The Cherry Pit promotes on the internet and according to announced reports draws as many as 150 members to a weekly party.
The Cherry Pit has been throwing bbw swingers parties where guests pay a charge for admission and could get involved in almost any kind of sex deeds they want on the site. It is the position of the owners that this does not constitute a “business” as the entry price is to cover the price of foodstuff, beverages etc and not a fee for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service fee they will even “bring out the gimp“….(just kidding)
The entire thing happened earlierin October of 2007 when past several years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the following decree:
“the operation and maintenance of a swinger to be unlawful and a public annoyance. Violation of the new order can result in a fine of up to $3,000.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a party of “friends and family” looking for some fun and resoluted that it was in fact a sexually oriented commerce and subject to the decree. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not comprehend what their classification of a commerce is, but to my understanding a business is public – anyone can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your buddies over for a grill and asked everybody to pitch in $10 or bring a plate? That is just what we do. The only requirement to get into my house is that a person call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she assumed that the rule is a guise to harass 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 principles into my private house and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit after that counter sued the city claiming the ordinance banning adult clubs violates their seclusion 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 method in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klain, said the city tries to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal squabbling has taken place… Just now the City of Duncanville broadened the decree intended to close the club down by making the explanation of a adult club more general and add a local petition process for sex clubs that the city orders to shut down.
***October 29, 2008 A jury found the owners of the Cherry Pit guilty of illegitimately operating a sexually oriented industry.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can’t do drugs in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to control the adult friend finder Texas showing up at the house. They are trying to regulate the hosts of the club 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 government control. There is a vast distinction…
No one is going to tell you that you can not go down to your neighborhood red light block and get a BJ from Lily the local crack addict or Johnny the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some entertainment. We of course are aware of 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 act of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other wicked action goes with “the other end”). The jury has decided that there is a compelling state awareness 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 commerce. The Cherry Pit has since been shut down. While counsel for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.