Is There A Legitimate Right To A Orgy?
The town of Duncanville, Texas that is outscirts of Dallas has been drawn in its own small Jerry Falwell type holy scripture strip battle with the owners of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville housing community. The Cherry Pit promotes on the web and according to announced news invites as many as 150 guests to a weekend party.
The Cherry Pit has been organizing party sex orgies where visitors pay a fee for entrance and can engage in almost any kind of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry charge is to cover the cost of foodstuff, drinks etc and not a price 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 extra service fee they will even “bring out the gimp“….(just joking)
The whole bru ha ha happened latein November of 2006 when past several years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the following ordinance:
“the operation and maintenance of a swinger to be against the law and a public nuisance. Violation of the new regulation will result in a fine of up to $3,000.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a gathering of “friends and family” seeking some excitement and determined that it was basically a sexually oriented commerce and subject to the ordinance. The answer of Julie Norris, one of the founders of “The Pit” was the following:
“I do not know what their meaning of a industry is, but to my understanding a business is public – anybody can simply 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 Party and asked everybody to pitch in $10 or bring a food? That is just what we do. The only requirement to get into my residence is that a person call and let me know that you are coming and you are on my reservation list.”
Ms Norris went on to state that she believed that the ordinance is a excuse to attack their way of life and beliefs and that the rule 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 founders of the Cherry Pit then counter sued the city claiming the ordinance 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 manner 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, Ed Kline, 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 stayed open while all the legal wrangling has taken place… Only today the City of Duncanville broadened the regulation intended to shut the club down by making the definition of a swinger club more general and add a local petition procedure for swinger clubs that the city orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit accountable of illegitimately operating a sexually oriented company.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can’t do cocaine 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 order the sex dating TX showing up at the house. They are trying to order the hosts 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 regulation. There is a colossal difference…
Nobody is going to tell you that you can not go down to your local red light block and get a blowjob from Mollie the local crack addict or Bobby the cross dressing pimp or even take any of sexo de parejas 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 blowjob makes the otherwise consenting operation 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 disgusting doing goes with “the other end”). The government has decided that there is a compelling state interest 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 industry. The Cherry Pit has since been closed. While advise for the owners declared that the decree 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