Do We Have A Legitimate Right To A Swing Party?
The town of Duncanville, Tx that is outscirts of Dallas has been drawn in its own petite Jerry Falwell style holy scripture strip conflict with the founders of a private ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an fashionable Duncanville housing community. The Cherry Pit posts on the web and according to advertised information draws as many as 160 swingers to a weekly party.
The Cherry Pit has been holding swingers club parties where visitors pay a fee for admission and can engage in pretty much any sort of sexualgroup sex actions they want on the location. It is the position of the owners that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, beverages etc and not a fee 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 could even “bring out the gimp“….(just a joke)
The entire bru ha ha started backin November of 2006 when past 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 approved the next regulation:
“the operation and maintenance of a swinger to be unlawful and a public annoyance. Violation of the new ordinance can outcome in a fine of up to $2,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a gathering of “friends and family” seeking some fun and resoluted that it was basically a sexually oriented commerce and subject to the decree. The response of Julie Norris, one of the owners of “The Pit” was the following:
“I do not recognize what their definition of a industry is, but to my understanding a business is public – anyone can just walk into it and you have to 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 $5 or bring a plate? 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 continued to state that she assumed that the ordinance is a guise to assault 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 own territory and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit afterward counter sued the city claiming the order banning swingers 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 basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Edward Kline, said the city tries 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… Only today the City of Duncanville broadened the order designed to lock the club down by making the classification of a adult club more common and add a local appeal procedure for swinger clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of illegitimately operating a sexually oriented company.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do heroin in the isolation of your home. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to regulate the Texas swingers showing up at the club. They are attempting to control the owners of the house in allowing 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 regulation. There is a huge distinction…
No one is going to tell you that you can not go down to your neighborhood red light quarter and get a blowjob from Mollie the local crack addict or Larry the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some entertainment. We surely know however that the act of handing over a dollar in exchange for the BJ makes the otherwise agreeable act 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 disgusting doing goes with “the other end”). The government has decided that there is a compelling state interest to adjust 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 warnings for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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