Is There A Lawful Right To A Gangbang?
The municipality of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell type bible strip clash with the founders of a privileged “adult club” called “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an upscale Duncanville suburban region. The Cherry Pit posts on the internet and according to announced news invites as many as 150 visitors to a weekend gathering.
The Cherry Pit has been holding real swingers parties where guests pay a cost for entrance and are able get involved in almost any kind of sexualgroup sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the expence of foodstuff, beverages etc and not a fee 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 additional service charge they will even “bring out the gimp“….(just joking)
The whole bru ha ha happened backin October of 2007 when after few 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 approved the subsequent decree:
“the operation and maintenance of a club to be illegal and a public irritation. Violation of the new order will outcome 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 gathering of “friends and family” seeking some enjoyment and determined that it was actually a sexually oriented business and subject to the regulation. The reply of Julie Norris, one of the owners of “The Pit” was the following:
“I do not comprehend what their definition of a industry 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 buddies over for a barbecue and asked everybody to pitch in $5 or bring a dish? That is exactly what we do. The only condition to get into my home is that anyone call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she understood that the decree is a excuse to assault 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 will 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 regulation banning swingers 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 manner 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 attorney, Ed Kline, 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 remained open while all the official wrangling has taken place… Only today the City of Duncanville broadened the order intended to lock the club down by making the explanation of a adult club more broad and add a local plea procedure for swinger clubs that the city orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit responsible of illegitimately operating a sexually oriented business.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do cocaine in the isolation of your apartment. 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 TX swingers showing up at the venue. They are attempting to regulate the owners of the place in encouraging 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 can not go down to your neighborhood red light quarter and get a BJ from Kathie the local crack addict or Billy the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable operation 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 nasty stuff goes with “the other end”). The state 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 company. The Cherry Pit has since been shut down. While advice for the owners declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.