Do We Have A Legal Right To A Gangbang?
The municipality of Duncanville, Tx that is neighborhood of Dallas has been involved in its own little Jerry Falwell manner bible belt conflict with the founders of a secret “swingers club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville housing region. The Cherry Pit announces on the web and according to published information invites as many as 100 adults to a weekend gathering.
The Cherry Pit has been organizing hardcore gangbang party where visitors pay a fee for admission and are allowed get involved in mosly any sort of sex activity they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry fee is to cover the cost of snacks, soft drinks etc and not a charge 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 additional service money they will even “bring out the gimp“….(just a joke)
The entire deal happened backin November of 2007 when past several years of Cherry Pitt neighbors complaining about the crime, traffic 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 illegal and a public annoyance. Violation of the new ordinance can 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 gathering of “friends and family” seeking some enjoyment and determined that it was basically a sexually oriented business and subject to the decree. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t know what their meaning of a commerce is, but to my understanding a business is public – anyone can just walk into it and you must 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 $5 or bring a plate? That is just what we do. The only requirement to get into my residence is that anyone 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 decree is a guise to harass their lifestyles 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 principles into my own dwelling and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit after that counter sued the city claiming the order banning sex clubs violates their privacy 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 really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Ed Klein, said the city tries to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the decree meant to close the club down by making the classification of a adult club more universal 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 responsible 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 not do drugs 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 regulate the seeking an affair in Texas showing up at the place. They are attempting to regulate the owners of the home in encouraging 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 government management. There is a big difference…
Nobody is going to tell you that you cant go down to your neighborhood red light quarter and get a BJ from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable step illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other wicked stuff goes with “the other end”). The state 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 warnings 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