Do You Have A Lawful Right To A Gangbang?
The municipality of Duncanville, Texas which is suburb of Dallas has been drawn in its own petite Jerry Falwell type holy scripture strip conflict with the owners of a privileged “adult club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban community. The Cherry Pit promotes on the internet and according to advertised reports invites as many as 160 visitors to a weekly social gathering.
The Cherry Pit has been holding private sex groups where guests pay a cost for entry and are able get involved in pretty much any sort of sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the expence of food, drinks etc and not a cost for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service fee they could even “bring out the gimp“….(just a joke)
The entire deal started latein December of 2007 when after 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 passed the subsequent decree:
“the function and maintenance of a sex to be unlawful and a public irritation. Violation of the new order can 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 simply a meeting of “friends and family” looking for some enjoyment and resoluted that it was actually a sexually oriented commerce and subject to the law. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t comprehend what their classification of a commerce is, but to my understanding a business is public – anyone can just walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your friends over for a Party and asked everybody to pitch in $5 or bring a bowl? That is just what we do. The only condition 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 assumed that the decree is a excuse to harass their lifestyles and beliefs and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my personal territory and I am going 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 regulation banning swingers clubs violates their confidentiality and due process rights. They are mainly 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 Klain, said the city tries to regulate private acts in a private house 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… Just now the City of Duncanville broadened the ordinance designed to close the club down by making the definition of a swinger club more universal and add a local plea procedure for sex clubs that the town orders to shut down.
***October 29, 2008 A jury found the owners of the Cherry Pit guilty of illegally operating a sexually oriented business.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do heroin in the privacy 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 adult friend finder Texas showing up at the club. They are trying to control the founders of the club 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 administration. There is a huge dissimilarity…
Nobody is going to advice you that you can not go down to your neighborhood red light district and get a BJ from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of parejas buscando hombre 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 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 grose action goes with “the other end”). The government has decided that there is a forceful government 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 company. The Cherry Pit has since been shut down. While advice for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.