Do We Have A Constitutional Right To A Gangbang?
The city of Duncanville, Texas that is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible belt combat with the founders of a privileged “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville residential district. The Cherry Pit advertises on the web and according to advertised news draws as many as 120 visitors to a weekly party.
The Cherry Pit has been organizing swingers orgy parties where visitors pay a fee for entrance and can get involved in almost any kind of sexualgroup sex activity they want on the location. It is the position of the hosts that this does not constitute a “business” as the entrance fee is to cover the cost of food, soft drinks etc and not a price for the privilege 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 fee they will even “bring out the gimp“….(just a joke)
The entire bru ha ha started backin December of 2007 when past few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the next decree:
“the function and maintenance of a adult to be unlawful and a public annoyance. Violation of the new ordinance can effect in a fine of up to $2,500.”
The city of Duncanville then decided that the events at the Cherry Pit were more than simply a party of “friends and family” looking for some enjoyment and determined that it was actually a sexually oriented industry and subject to the law. The answer of Julie Norris, one of the founders of “The Pit” was the following:
“I do not know what their definition of a commerce is, but to my understanding a business is public – anybody can just walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your friends over for a barbecue and asked everyone to pitch in $10 or bring a plate? That is precisely what we do. The only condition 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 continued to state that she assumed that the ordinance is a excuse 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 ethics into my private house and I am going to 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 decree banning adult clubs violates their privacy 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 scheme 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 legal advisor, Edward Klain, said the city is trying to regulate private acts in a private house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal squabbling has taken place… Just now the City of Duncanville broadened the order meant to lock the club down by making the definition of a adult club more broad and add a local petition procedure for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit guilty of illegally operating a sexually oriented company.
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 isolation of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to control the hot wives in TX showing up at the venue. They are attempting to control the owners of the club in cheering 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 government punishment. There is a huge distinction…
No one is going to tell you that you should not go down to your neighborhood red light district and get a BJ from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some fun. We surely know however that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable doing illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other grose action goes with “the other end”). The state has decided that there is a forceful 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 closed. While recommendations for the owners stated that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.