Do You Have A Legitimate Right To A Swing Party?
The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own petite Jerry Falwell type bible strip combat with the founders of a private ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville suburban community. The Cherry Pit announces on the internet and according to announced information invites as many as 130 guests to a weekly social gathering.
The Cherry Pit has been organizing drunk sex party where couples pay a charge for entry and are allowed get involved in mosly any kind of sexualgroup sex deeds 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 price of snacks, drinks etc and not a fee for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an additional service fee they could even “bring out the gimp“….(just joking)
This whole deal happened backin December of 2006 when after some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the subsequent decree:
“the operation and maintenance of a adult to be illegal and a public irritation. Violation of the new ordinance can effect in a fine of up to $2,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a party of “friends and family” looking for some enjoyment and determined that it was Really a sexually oriented industry and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not recognize 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 accept donations. Have you ever had your friends over for a booze and asked everyone to pitch in $10 or bring a plate? That is precisely what we do. The only requirement 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 continued to state that she assumed that the regulation is a excuse to harass their way of life and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my own house and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit then counter sued the city claiming the ordinance banning swingers 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 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 lawer, Ed Kline, said the city is trying to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal squabbling has taken place… Just now the City of Duncanville broadened the order meant to lock the club down by making the explanation of a sex club more common and add a local plea process for adult clubs that the town orders to shut down.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit accountable of unlawfully operating a sexually oriented company.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can’t do heroin in the seclusion of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to order the swingers in TX showing up at the place. They are attempting to order the founders 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 colossal difference…
Nobody is going to tell you that you cant go down to your neighborhood red light area and get a BJ from Sallie the local crack addict or Jimmy the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in exchange for the quickie 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 occurs (in addition to whatsoever other disgusting doing goes with “the other end”). The government has decided that there is a forceful state awareness 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 business. The Cherry Pit has since been shut down. While advise for the owners stated that the verdict 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