Is There A Lawful Right To A Gangbang?
The town of Duncanville, Texas that is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible strip combat with the owners of a private “swingers club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville residential district. The Cherry Pit posts on the internet and according to published reports draws as many as 130 members to a weekly gathering.
The Cherry Pit has been throwing drunk sex party where guests pay a charge for entrance and are able engage in pretty much any sort of sexualgroup sex actions they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry charge is to cover the cost of foodstuff, beverages etc and not a charge for the opportunity 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 money they would even “bring out the gimp“….(just kidding)
The whole deal started earlierin December of 2006 when after some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the subsequent decree:
“the operation and maintenance of a swinger to be against the law and a public irritation. Violation of the new decree can result 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 gathering of “friends and family” seeking some fun and determined that it was in fact a sexually oriented business and subject to the decree. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not comprehend what their definition of a commerce is, but to my understanding a business is public – anybody can just walk into it and you shall 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 everybody to pitch in $10 or bring a bowl? That is exactly what we do. The only requirement to get into my home 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 regulation is a excuse to attack their lifestyles 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 personal house and I will 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 regulation banning swingers 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 in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klein, 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 remained open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the ordinance designed to close the club down by making the definition of a sex club more broad and add a local plea process for sex clubs that the city orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of unlawfully operating a sexually oriented industry.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can’t do drugs in the confidentiality 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 order the Texas adult dating personals showing up at the place. They are attempting to regulate the hosts of the club in cheering 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 big dissimilarity…
No one is going to advice you that you should not go down to your local red light block and get a blowjob from Kathie the local crack addict or Mikey the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise consenting doing illegal prostitution on one end and the illegal action 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 state 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 company. The Cherry Pit has since been locked. While counsel for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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