Do You Have A Legitimate Right To A Swing Party?
The municipality of Duncanville, Tx that is outscirts of Dallas has been drawn in its own little Jerry Falwell style holy scripture strip conflict with the owners of a privileged ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville suburban region. The Cherry Pit announces on the web and according to announced news draws as many as 150 guests to a weekly party.
The Cherry Pit has been throwing adult parties where visitors pay a fee for entry and are allowed engage in almost any kind of sexualgroup sex activity 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 price of foodstuff, drinks 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 extra service money they will even “bring out the gimp“….(just kidding)
This whole thing happened backin December of 2006 when past few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the next decree:
“the operation and maintenance of a club to be illegal and a public nuisance. Violation of the new order can outcome in a fine of up to $3,000.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than just a meeting of “friends and family” seeking some enjoyment and resoluted that it was basically a sexually oriented commerce and subject to the regulation. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not know what their meaning of a industry is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a Party and asked everyone to pitch in $5 or bring a bowl? That is precisely what we do. The only requirement to get into my house is that a person 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 guise to assault their way of life 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 principles into my private territory and I will 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 swingers clubs violates their seclusion 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 scheme 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, Ed Kline, 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… Just today the City of Duncanville broadened the regulation intended to close the club down by making the definition of a adult club more common and add a local appeal process for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented company.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do cocaine in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to control the swinger personals in Texas showing up at the house. They are attempting to control the hosts of the home in cheering 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 government administration. There is a vast difference…
No one is going to advice you that you cant go down to your neighborhood red light area and get a blowjob from Mollie the local crack addict or Eddie the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise agreeable action illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose doing goes with “the other end”). The jury has decided that there is a undeniable state awareness 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 declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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