Is There A Lawful Right To A Gangbang?
The city of Duncanville, Tx that is neighborhood of Dallas has been involved in its own small Jerry Falwell manner bible belt conflict with the owners of a secluded “adult 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 internet and according to published news draws as many as 150 swingers to a weekend gathering.
The Cherry Pit has been organizing swingers party sex where visitors pay a charge for admission and can engage in almost any sort 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 charge is to cover the price of food, drinks etc and not a charge for the benefit 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 fee they could even “bring out the gimp“….(just joking)
This whole thing started latein December of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the subsequent decree:
“the function and maintenance of a swinger to be illegal and a public irritation. Violation of the new regulation can effect in a fine of up to $3,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a gathering of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented industry and subject to the law. The reaction of Julie Norris, one of the founders of “The Pit” was the following:
“I do not recognize what their definition of a business is, but to my understanding a business is public – anybody can just walk into it and you should pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a barbecue and asked everyone to pitch in $5 or bring a bowl? 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 assumed that the decree is a guise to harass their way of life and values and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my personal home and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit after that counter sued the city claiming the regulation banning sex clubs violates their solitude 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 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 legal representative, Edward Klein, said the city tries 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 now the City of Duncanville broadened the regulation meant to close the club down by making the explanation of a sex club more universal and add a local appeal procedure for swinger clubs that the town orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegitimately operating a sexually oriented business.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can not do heroin in the seclusion of your house. 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 swingers in TX showing up at the place. They are trying to regulate the founders of the home 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 government control. There is a big difference…
No one is going to tell you that you should not go down to your local red light block and get a BJ from Mollie the local crack addict or Billy the cross dressing pimp or even take any of parejas sexo to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable doing illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose action goes with “the other end”). The state has decided that there is a compelling state interest to regulate 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 company. The Cherry Pit has since been shut down. While counsel for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.