Do You Have A Constitutional Right To A Gangbang?
The town of Duncanville, Texas that is outscirts of Dallas has been involved in its own petite Jerry Falwell type bible strip battle with the owners of a private “adult club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville housing neighborhood. The Cherry Pit publishes on the internet and according to published information draws as many as 150 swingers to a weekly party.
The Cherry Pit has been organizing bi party where guests pay a cost for entry and can get involved in pretty much any kind of sexualgroup sex deeds they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the cost of snacks, 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 could even “bring out the gimp“….(just a joke)
The whole thing started backin October of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the subsequent regulation:
“the function and maintenance of a sex to be against the law and a public annoyance. Violation of the new order will outcome in a fine of up to $3,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a party of “friends and family” seeking some enjoyment and resoluted that it was basically a sexually oriented commerce and subject to the regulation. The answer of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not comprehend what their classification of a industry is, but to my understanding a business is public – anybody can simply walk into it and you shall 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 $10 or bring a bowl? That is precisely what we do. The only requirement 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 went on to state that she understood that the decree is a excuse to attack their way of life and beliefs 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 then counter sued the city claiming the ordinance banning adult clubs violates their privacy 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 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 advisor, Ed Kline, said the city tries to regulate private acts in a private home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal wrangling has taken place… Only now the City of Duncanville broadened the regulation designed to close the club down by making the explanation of a sex club more broad and add a local petition process for adult clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of illegitimately operating a sexually oriented company.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can’t do heroin in the seclusion of your home. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to control the hot wives in TX showing up at the club. They are attempting to order the owners 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 huge distinction…
No one is going to tell you that you cant go down to your local red light block and get a blowjob from Kathie the local crack addict or Eddie the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some fun. We of course are aware of nonetheless that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable operation 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 government has decided that there is a forceful government interest to normalize 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 shut down. While warnings for the owners stated that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.