Do You Have A Lawful Right To A Swing Party?
The city of Duncanville, Tx which is suburb of Dallas has been drawn in its own small Jerry Falwell style holy scripture belt conflict with the founders of a private “adult club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville housing community. The Cherry Pit publishes on the web and according to published news draws as many as 150 adults to a weekend party.
The Cherry Pit has been throwing bbw swingers parties where visitors pay a charge for entry and are able engage in mosly any type of sex actions they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the expence of food, 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 extra service charge they will even “bring out the gimp“….(just joking)
The entire bru ha ha happened earlierin October of 2006 when after some years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next decree:
“the operation and maintenance of a adult to be unlawful and a public annoyance. Violation of the new decree 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 just a meeting of “friends and family” looking for some enjoyment and resoluted that it was basically a sexually oriented industry and subject to the law. The reaction of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t know what their classification 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 buddies over for a Party and asked everybody to pitch in $5 or bring a food? That is exactly what we do. The only condition to get into my house 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 assumed that the order is a guise to assault their lifestyles and values and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics 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 subsequently counter sued the city claiming the order banning sex clubs violates their confidentiality 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 really 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 nuisance 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 order designed to lock the club down by making the classification of a sex club more common and add a local plea procedure for adult clubs that the town orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegally operating a sexually oriented business.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do cocaine in the confidentiality of your apartment. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to order the swinging couples in TX showing up at the place. They are attempting to control the founders 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 punishment. There is a colossal difference…
No one is going to advice you that you should not go down to your neighborhood red light area and get a blowjob from Kathie the local crack addict or Jimmy the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some entertainment. We surely know however that the act of handing over a dollar in exchange for the quickie makes the otherwise consenting step 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 whatever other grose doing goes with “the other end”). The jury 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 locked. While recommendations for the owners declared that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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