Do You Have A Legal Right To A Orgy?
The city of Duncanville, Tx that is suburb of Dallas has been drawn in its own small Jerry Falwell type bible belt combat 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 housing neighborhood. The Cherry Pit publishes on the internet and according to announced information draws as many as 150 members to a weekly social gathering.
The Cherry Pit has been holding private lesbian parties where couples pay a fee for entrance and could get involved in pretty much any kind of sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the price 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 said for an extra service charge they will even “bring out the gimp“….(just joking)
The entire deal started latein October of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next regulation:
“the function and maintenance of a adult to be against the law and a public nuisance. Violation of the new decree will result in a fine of up to $2,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a party of “friends and family” seeking some enjoyment and determined that it was Really a sexually oriented commerce and subject to the ordinance. The respond of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t know what their classification of a business is, but to my understanding a business is public – anyone can just walk into it and you must pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a booze and asked everyone to pitch in $10 or bring a bowl? That is precisely what we do. The only condition to get into my home is that a person 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 decree is a guise to attack their way of life and values and that the regulation regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private home and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the ordinance banning sex clubs violates their solitude 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 method in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal advisor, Edward Kline, said the city tries to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Only now the City of Duncanville broadened the decree designed 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 city orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit accountable 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 authorities getting its’ rocks off?
You obviously can not do drugs in the seclusion of your apartment. 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 sex meeting Texas showing up at the house. They are trying to control the founders of the place in encouraging 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 government management. There is a big difference…
Nobody is going to tell you that you should not go down to your local red light quarter and get a BJ from Sallie the local crack addict or Larry the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some entertainment. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting step illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other grose stuff goes with “the other end”). The government has decided that there is a compelling government concern 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 industry. The Cherry Pit has since been locked. While advice for the owners stated that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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