Do We Have A Constitutional Right To A Gangbang?
The town of Duncanville, Tx which is neighborhood of Dallas has been involved in its own petite Jerry Falwell type holy scripture strip clash with the owners of a private “adult club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville suburban region. The Cherry Pit promotes on the internet and according to published news invites as many as 140 swingers to a weekend party.
The Cherry Pit has been throwing orgy sex parties where visitors pay a charge for entry and could get involved in almost any kind of sex deeds 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 snacks, soft drinks etc and not a fee for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an extra service money they would even “bring out the gimp“….(just kidding)
The whole thing happened latein November of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following order:
“the operation and maintenance of a sex to be against the law and a public annoyance. Violation of the new decree will outcome in a fine of up to $2,500.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a party of “friends and family” seeking some excitement and determined that it was actually a sexually oriented business and subject to the ordinance. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t know what their definition of a commerce is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your friends over for a grill and asked everyone to pitch in $5 or bring a food? That is precisely what we do. The only condition to get into my home 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 understood that the decree is a guise to assault their lifestyles and beliefs and that the decree 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 will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit afterward 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 method in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Edward Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the official squabbling has taken place… Only today the City of Duncanville broadened the order intended to close the club down by making the classification of a swinger club more universal and add a local appeal process for sex clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of illegally operating a sexually oriented company.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can’t do cocaine in the confidentiality of your house. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to regulate the adult dating in Dallas showing up at the venue. They are trying to order the founders of the club in allowing the “Piters” to engage in sex for a fee at their home…. The government 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 dissimilarity…
Nobody is going to advice you that you should not go down to your local red light district and get a BJ from Kathie the local crack addict or Billy the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some fun. We of course know however that the act of handing over a dollar in exchange for the BJ makes the otherwise agreeable step illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other wicked doing goes with “the other end”). The government has decided that there is a undeniable state concern 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 shut down. While advice for the owners stated that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas