Do You Have A Constitutional Right To A Gangbang?
The municipality of Duncanville, Tx that is suburb of Dallas has been involved in its own petite Jerry Falwell type bible strip fight with the founders of a privileged “swingers club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville suburban community. The Cherry Pit announces on the internet and according to published reports draws as many as 120 guests to a weekend party.
The Cherry Pit has been throwing fetish sex parties where visitors pay a charge for entrance and are allowed engage in pretty much any type of sexualgroup sex activity they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the expence of foodstuff, beverages 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 whispered for an extra service fee they could even “bring out the gimp“….(just a joke)
This whole deal started latein December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the subsequent ordinance:
“the function and maintenance of a swinger to be illegal and a public annoyance. Violation of the new order will outcome in a fine of up to $2,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a meeting of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented industry and subject to the law. The answer of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t recognize what their classification of a industry is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your buddies over for a booze and asked everyone to pitch in $5 or bring a dish? That is precisely what we do. The only requirement to get into my home is that you 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 order is a guise to attack 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 ethics into my private home and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit afterward counter sued the city claiming the ordinance banning swingers clubs violates their seclusion 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 scheme in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klain, 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 legal wrangling has taken place… Only today the City of Duncanville broadened the regulation designed to close the club down by making the explanation of a sex club more universal and add a local petition procedure for adult clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of illegally operating a sexually oriented business.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do heroin in the privacy of your dwelling. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to regulate the adult dating in Texas showing up at the place. They are attempting to control the founders of the house in allowing 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 administration. There is a big distinction…
No one is going to tell you that you should not go down to your neighborhood red light quarter and get a blowjob from Mollie the local crack addict or Jimmy the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We of course know nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting action 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 whatever other disgusting doing goes with “the other end”). The government has decided that there is a undeniable government concern 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 industry. The Cherry Pit has since been locked. While advice for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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