Do We Have A Legitimate Right To A Orgy?
The municipality of Duncanville, Texas which is outscirts of Dallas has been involved in its own petite Jerry Falwell manner bible strip battle with the founders of a secret ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville suburban region. The Cherry Pit announces on the web and according to published news invites as many as 100 adults to a weekly gathering.
The Cherry Pit has been throwing couples parties where guests pay a fee for entrance and can engage in almost any sort of sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the expence of foodstuff, 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 whispered for an extra service money they could even “bring out the gimp“….(just joking)
This whole thing happened backin October of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the subsequent order:
“the function and maintenance of a club to be unlawful and a public annoyance. Violation of the new order will result in a fine of up to $2,500.”
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 actually a sexually oriented business and subject to the law. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not recognize what their definition of a commerce is, but to my understanding a business is public – anybody can just walk into it and you must pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your buddies over for a booze and asked everybody to pitch in $10 or bring a plate? That is precisely what we do. The only requirement 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 continued to state that she understood that the order is a excuse to harass their lifestyles and beliefs and that the decree 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 am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit then counter sued the city claiming the ordinance banning adult clubs violates their solitude 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 scheme in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Ed Klain, said the city tries to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official squabbling has taken place… Only today the City of Duncanville broadened the rule designed to shut the club down by making the definition of a adult club more general and add a local appeal procedure for swinger 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 industry.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can not do heroin in the privacy of your house. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to order the swingers in Texas showing up at the venue. They are trying to regulate 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 regulation. There is a colossal distinction…
Nobody is going to advice you that you should not go down to your local red light district and get a blowjob from Mollie the local crack addict or Mikey the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable 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 whatsoever other disgusting action goes with “the other end”). The government has decided that there is a compelling state concern to normalize 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 commerce. 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 unclear if either of those was ever pursued.