Is There A Legitimate Right To A Orgy?
The city of Duncanville, Tx which is suburb of Dallas has been drawn in its own small Jerry Falwell style bible belt combat with the founders of a private ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville suburban neighborhood. The Cherry Pit advertises on the web and according to advertised news invites as many as 140 visitors to a weekend gathering.
The Cherry Pit has been throwing real swingers parties where visitors pay a charge for admission and could get involved in pretty much any sort of sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the expence of food, drinks etc and not a price 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 additional service money they would even “bring out the gimp“….(just joking)
This whole bru ha ha started latein October of 2006 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following decree:
“the operation and maintenance of a adult to be against the law and a public annoyance. Violation of the new order can effect in a fine of up to $2,500.”
The city of Duncanville then decided that the events at the Cherry Pit were more than simply a gathering of “friends and family” looking for some fun and determined that it was in fact a sexually oriented commerce and subject to the decree. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not know what their classification of a commerce is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your friends over for a Party and asked everyone to pitch in $5 or bring a bowl? That is just what we do. The only condition to get into my residence 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 understood that the rule is a excuse to harass their lifestyles 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 morality into my own home and I am going to 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 order banning sex clubs violates their solitude 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 technique in making the right to privacy argument because there is basically 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 house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the official backbiting has taken place… Just today the City of Duncanville broadened the order designed to lock the club down by making the classification of a swinger club more common and add a local petition process for sex clubs that the town orders to close.
***October 29, 2008 A jury found the owners of the Cherry Pit guilty of unlawfully operating a sexually oriented industry.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can not do cocaine in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to order the swinging couples in TX showing up at the venue. They are trying to control the owners of the house in encouraging 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 colossal dissimilarity…
Nobody is going to advice you that you should not go down to your local red light block and get a blowjob from Lily the local crack addict or Billy the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in trade for the BJ makes the otherwise consenting action 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 disgusting action goes with “the other end”). The government 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 locked. While advice for the owners stated that the decree 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