Is There A Legitimate Right To A Gangbang?
The town of Duncanville, Tx which is outscirts of Dallas has been drawn in its own petite Jerry Falwell type bible belt battle with the owners of a private “swingers club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville suburban district. The Cherry Pit posts on the web and according to announced news draws as many as 160 members to a weekly social gathering.
The Cherry Pit has been holding adult play where guests pay a fee for entry and are able engage in mosly any type of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry price is to cover the cost of snacks, beverages etc and not a fee for the benefit 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 fee they would even “bring out the gimp“….(just kidding)
This whole bru ha ha started backin December of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the following order:
“the operation and maintenance of a sex to be against the law and a public nuisance. Violation of the new ordinance will effect in a fine of up to $2,000.”
The city of Duncanville then decided that the events at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and resoluted that it was basically a sexually oriented commerce and subject to the ordinance. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t comprehend what their definition of a industry is, but to my understanding a business is public – anybody can just walk into it and you should pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a grill and asked everyone to pitch in $5 or bring a food? That is precisely what we do. The only condition to get into my residence is that anyone 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 order is a excuse to attack their way of life and values and that the regulation regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private home and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit then counter sued the city claiming the order banning sex clubs violates their seclusion 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 actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Ed Kline, said the city is trying 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 regulation designed to shut the club down by making the explanation of a adult club more common and add a local appeal procedure for adult clubs that the city orders to close.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of unlawfully operating a sexually oriented company.
So what you do think? Should private citizens be permitted 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 attempting to regulate the Texas swingers showing up at the place. They are trying to order the hosts of the place 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 government control. There is a vast difference…
Nobody is going to advice you that you can not go down to your local red light quarter and get a BJ from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of hombres para parejas swinger 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 quickie makes the otherwise agreeable action illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose action goes with “the other end”). The government has decided that there is a forceful government concern to adjust 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 locked. While counsel for the owners stated that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.