Do We Have A Lawful Right To A Gangbang?
The city of Duncanville, Tx that is outscirts of Dallas has been involved in its own small Jerry Falwell type bible strip fight with the founders of a privileged “adult club” called “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an fashionable Duncanville suburban region. The Cherry Pit announces on the web and according to announced reports draws as many as 120 members to a weekend party.
The Cherry Pit has been holding private swingers party where couples pay a charge for entry and are able get involved in mosly any type of sex actions they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the cost of snacks, soft drinks etc and not a fee for the benefit 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 joking)
The whole bru ha ha happened backin December of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the subsequent order:
“the function and maintenance of a sex to be against the law and a public annoyance. Violation of the new decree will result in a fine of up to $2,500.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a party of “friends and family” seeking some fun and resoluted that it was actually a sexually oriented commerce and subject to the ordinance. The answer of Julie Norris, one of the founders of “The Pit” was the following:
“I do not recognize what their meaning of a industry is, but to my understanding a business is public – anybody can just walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your friends over for a Party and asked everyone to pitch in $10 or bring a plate? That is precisely 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 continued to state that she understood that the regulation is a guise to harass their way of life and beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my personal dwelling 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 decree banning adult clubs violates their solitude 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 method in making the right to privacy argument because there is actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Edward Kline, said the city is trying to regulate private acts in a private home 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 today the City of Duncanville broadened the regulation meant to shut the club down by making the classification of a sex club more general and add a local plea procedure for couples clubs that the city orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of illegally operating a sexually oriented business.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can not do drugs in the confidentiality of your apartment. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to regulate the mature older swingers showing up at the club. They are attempting to order the founders of the place 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 punishment. There is a colossal distinction…
Nobody is going to advice you that you cant go down to your local red light block and get a BJ from Lily the local crack addict or Bobby the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise consenting doing 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 nasty doing goes with “the other end”). The government has decided that there is a undeniable 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 company. The Cherry Pit has since been shut down. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.