Is There A Lawful Right To A Orgy?
The city of Duncanville, Tx that is outscirts of Dallas has been involved in its own petite Jerry Falwell style bible strip battle with the owners of a private “swingers club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an expensive Duncanville suburban region. The Cherry Pit announces on the web and according to advertised information invites as many as 160 guests to a weekend party.
The Cherry Pit has been holding swingers clubs parties where couples pay a charge for admission and are allowed engage in mosly any kind of sexualgroup sex deeds they want on the site. It is the position of the owners that this does not constitute a “business” as the entry fee is to cover the cost of food, drinks etc and not a price for the opportunity 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 a joke)
The entire bru ha ha happened backin October of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following regulation:
“the operation and maintenance of a adult 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 gatherings at the Cherry Pit were more than simply a party of “friends and family” looking for some excitement and determined that it was in fact a sexually oriented industry and subject to the law. The answer of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t comprehend what their meaning of a industry 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 contributions. Have you ever had your buddies over for a Party and asked everyone to pitch in $5 or bring a bowl? That is exactly what we do. The only requirement to get into my home 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 understood that the order is a excuse to assault their lifestyles and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my personal 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 adult clubs violates their seclusion 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 scheme in making the right to privacy argument because there is in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Ed Klein, 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 remained open while all the legal wrangling has taken place… Only today the City of Duncanville broadened the order intended to lock the club down by making the classification 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 proclaimed the organizers of the Cherry Pit guilty of illegally 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 drugs in the seclusion of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to control the sex dating TX showing up at the venue. They are trying to control the hosts of the home in allowing 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 management. There is a vast dissimilarity…
No one is going to advice you that you cant go down to your local red light district and get a BJ from Lily the local crack addict or Mikey the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting operation 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 nasty action goes with “the other end”). The jury has decided that there is a compelling government interest to control 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 counsel for the owners stated that the verdict 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