Do We Have A Legitimate Right To A Orgy?
The municipality of Duncanville, Texas that is outscirts of Dallas has been drawn in its own petite Jerry Falwell style bible belt combat with the founders of a secret ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an upscale Duncanville housing community. The Cherry Pit promotes on the internet and according to advertised news invites as many as 130 guests to a weekly gathering.
The Cherry Pit has been holding private sex party where visitors pay a fee for entry and could engage in pretty much any type of sex activity they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry charge is to cover the price of snacks, soft drinks etc and not a price for the opportunity 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 fee they could even “bring out the gimp“….(just joking)
The whole bru ha ha started latein October of 2006 when past few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the next ordinance:
“the function and maintenance of a club to be unlawful and a public annoyance. Violation of the new ordinance will outcome in a fine of up to $3,000.”
The city of Duncanville then decided that the events at the Cherry Pit were more than simply a party of “friends and family” seeking some excitement and resoluted that it was actually a sexually oriented business and subject to the ordinance. The respond of Julie Norris, one of the owners of “The Pit” was the following:
“I do not know 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 gifts. Have you ever had your friends over for a booze and asked everybody to pitch in $5 or bring a dish? That is precisely what we do. The only condition 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 went on to state that she assumed that the regulation is a guise to attack their way of life and values and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private dwelling and I have to 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 ordinance banning sex clubs violates their confidentiality 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 technique in making the right to privacy argument because there is in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Edward Klein, 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 official backbiting has taken place… Only today the City of Duncanville broadened the order intended to shut the club down by making the definition of a adult club more broad and add a local petition process for sex clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit responsible of unlawfully operating a sexually oriented industry.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can’t do cocaine in the isolation 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 attempting to order the hot wives in TX showing up at the place. They are trying to order the owners of the place 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 state punishment. There is a big distinction…
Nobody is going to advice you that you should not go down to your neighborhood red light quarter and get a BJ from Kathie the local crack addict or Jimmy the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some entertainment. 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 action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose action goes with “the other end”). The jury has decided that there is a undeniable state awareness 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 locked. While advise for the owners declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas