Do You Have A Legitimate Right To A Swing Party?
The town of Duncanville, Tx which is suburb of Dallas has been involved in its own small Jerry Falwell style holy scripture strip combat with the founders of a secret ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville suburban district. The Cherry Pit publishes on the internet and according to announced information invites as many as 150 adults to a weekly party.
The Cherry Pit has been throwing gay college sex parties where guests pay a cost for entry and can get involved in mosly any kind of sexualgroup sex actions they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry charge is to cover the price of food, 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 said for an extra service money they will even “bring out the gimp“….(just kidding)
This whole bru ha ha started backin October of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the following regulation:
“the function and maintenance of a sex to be unlawful and a public irritation. Violation of the new decree will outcome 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 just a meeting of “friends and family” looking for some enjoyment and determined that it was basically a sexually oriented industry and subject to the ordinance. The respond of Julie Norris, one of the founders of “The Pit” was the following:
“I don’t know what their definition of a commerce is, but to my understanding a business is public – anybody can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your buddies over for a grill and asked everybody to pitch in $5 or bring a plate? That is exactly what we do. The only requirement 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 continued to state that she believed that the regulation is a guise to assault their way of life and values and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private dwelling and I am going 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 decree banning adult 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 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 dwelling 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 decree meant to shut the club down by making the classification of a adult club more universal and add a local plea procedure for swinger clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of unlawfully operating a sexually oriented business.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can’t do cocaine in the seclusion of your dwelling. 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 hot wives in Texas showing up at the place. They are attempting to control the hosts of the home in cheering 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 huge distinction…
No one is going to advice you that you cant go down to your local red light district and get a blowjob from Kathie the local crack addict or Billy the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable operation illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other nasty doing goes with “the other end”). The jury has decided that there is a undeniable government interest 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 locked. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas