Do You Have A Constitutional Right To A Orgy?
The town of Duncanville, Tx that is outscirts of Dallas has been drawn in its own small Jerry Falwell type holy scripture strip clash with the owners of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville suburban region. The Cherry Pit publishes on the internet and according to advertised reports invites as many as 140 guests to a weekend party.
The Cherry Pit has been holding swingers clubs parties where guests pay a fee for admission and can get involved in pretty much any type of sexualgroup sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entry price is to cover the cost of food, beverages etc and not a charge 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 additional service money they will even “bring out the gimp“….(just kidding)
The whole thing started latein November of 2006 when past few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the following ordinance:
“the operation and maintenance of a adult to be illegal and a public annoyance. Violation of the new decree will effect in a fine of up to $3,000.”
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 excitement and determined that it was Really a sexually oriented industry and subject to the ordinance. The response of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t know what their meaning of a industry 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 allow gifts. Have you ever had your friends over for a grill and asked everyone to pitch in $5 or bring a plate? That is just what we do. The only condition to get into my residence is that you call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she believed that the ordinance is a guise to assault 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 morality into my private territory 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 decree banning swingers clubs violates their confidentiality 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 in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Kline, said the city is trying 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 official wrangling has taken place… Only today the City of Duncanville broadened the order designed to lock the club down by making the definition of a sex club more general and add a local appeal process for sex clubs that the city orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit responsible of illegitimately operating a sexually oriented industry.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do heroin in the isolation of your dwelling. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to order the sex dating TX showing up at the house. They are attempting to regulate the founders of the home in allowing 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 vast distinction…
Nobody is going to tell you that you cant go down to your local red light area and get a BJ from Lily the local crack addict or Eddie the cross dressing pimp or even take any of mujeres maduras 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 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 grose stuff goes with “the other end”). The jury has decided that there is a undeniable 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 commerce. The Cherry Pit has since been locked. While recommendations for the owners stated that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.