Do We Have A Lawful Right To A Gangbang?
The city of Duncanville, Texas which is outscirts of Dallas has been involved in its own little Jerry Falwell type bible strip combat with the founders of a secluded ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an expensive Duncanville housing community. The Cherry Pit publishes on the web and according to announced information draws as many as 150 swingers to a weekend gathering.
The Cherry Pit has been organizing swinger party sex where guests pay a charge for admission and could engage in pretty much any type of sex activity they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the cost of snacks, beverages etc and not a price for the benefit 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 money they will even “bring out the gimp“….(just joking)
The whole bru ha ha happened latein November of 2006 when after some years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the following decree:
“the function and maintenance of a sex to be illegal and a public nuisance. Violation of the new order can effect in a fine of up to $2,500.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than simply a gathering of “friends and family” seeking some excitement 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 the following:
“I do not recognize what their definition of a industry is, but to my understanding a business is public – anyone can just walk into it and you should pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a barbecue and asked everybody to pitch in $10 or bring a plate? That is just what we do. The only condition to get into my residence is that a person 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 guise to attack their lifestyles and beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my personal dwelling and I am going 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 regulation banning sex clubs violates their privacy and due process rights. They are basically 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, Edward Klain, said the city tries to regulate private acts in a private home using the public irritation 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 ordinance meant to lock the club down by making the explanation of a adult club more broad and add a local petition process for couples clubs that the town orders to shut down.
***October 29, 2008 A jury found the owners of the Cherry Pit guilty of illegitimately operating a sexually oriented business.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do cocaine in the privacy of your apartment. 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 swingers in TX showing up at the club. They are attempting to order the founders of the house 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 control. There is a colossal difference…
Nobody is going to tell you that you cant go down to your local red light quarter and get a blowjob from Kathie the local crack addict or Mikey the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We of course are aware of however that the act of handing over a dollar in trade for the quickie makes the otherwise consenting act 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 whatsoever other wicked action goes with “the other end”). The jury has decided that there is a compelling state concern 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 shut down. While advice for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.