Do We Have A Legitimate Right To A Orgy?
The city of Duncanville, Tx that is outscirts of Dallas has been involved in its own small Jerry Falwell type bible strip fight with the owners of a privileged ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville residential neighborhood. The Cherry Pit promotes on the web and according to published news invites as many as 140 visitors to a weekly social gathering.
The Cherry Pit has been organizing swinger party sex where visitors pay a cost for entrance and could get involved in mosly any kind of sex activity they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the cost of snacks, beverages 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 additional service charge they could even “bring out the gimp“….(just kidding)
The entire bru ha ha happened earlierin December of 2006 when past few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the subsequent decree:
“the operation and maintenance of a club to be against the law and a public irritation. Violation of the new order 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 just a party of “friends and family” seeking some excitement and resoluted that it was in fact a sexually oriented commerce and subject to the law. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t recognize what their meaning of a industry is, but to my understanding a business is public – anyone can simply walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a Party and asked everybody to pitch in $10 or bring a dish? That is just what we do. The only requirement to get into my house 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 order is a guise to assault their way of life 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 own house and I will 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 regulation banning adult 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 manner in making the right to privacy argument because there is actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Edward Klain, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the official backbiting has taken place… Just today the City of Duncanville broadened the order intended to lock the club down by making the classification of a adult club more general and add a local petition procedure for couples clubs that the city orders to close.
***October 29, 2008 A jury found the organizers 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 evidently can not do heroin in the confidentiality of your home. 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 swinger adult dating showing up at the club. They are trying to regulate the founders of the club in encouraging 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 regulation. There is a big distinction…
Nobody is going to advice you that you cant go down to your neighborhood red light area and get a blowjob from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some entertainment. We of course are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable action illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other wicked action goes with “the other end”). The jury has decided that there is a undeniable 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 locked. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas