Do You Have A Lawful Right To A Gangbang?

The city of Duncanville, Tx which is suburb of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip battle with the owners of a secret ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban community. The Cherry Pit posts on the internet and according to advertised reports invites as many as 100 members to a weekend party.

The Cherry Pit has been throwing amateur swingers parties where couples pay a charge for entrance and could get involved in mosly any kind of sexualgroup sex actions they want on the site. It is the position of the hosts that this does not constitute a “business” as the entrance money is to cover the expence of snacks, beverages 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 said for an additional service charge they will even “bring out the gimp“….(just kidding)

The whole thing started backin October of 2006 when after some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the subsequent ordinance:

“the function and maintenance of a swinger to be against the law and a public annoyance. Violation of the new regulation will outcome in a fine of up to $2,000.”

The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a meeting of “friends and family” seeking some excitement and determined that it was in fact a sexually oriented industry and subject to the law. The response of Julie Norris, one of the owners of “The Pit” was the following:

“I don’t know what their classification of a commerce is, but to my understanding a business is public – anyone can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your friends over for a barbecue and asked everyone to pitch in $10 or bring a dish? That is just what we do. The only condition to get into my residence is that a person call and let me know that you are coming and you are on my reservation list.”

Ms Norris continued to state that she believed that the rule is a excuse to assault their lifestyles and values 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 private home and I have 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 order banning sex 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 technique 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 legal representative, Edward Klein, 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 official wrangling has taken place… Just now the City of Duncanville broadened the decree designed to lock the club down by making the explanation of a adult club more broad and add a local appeal process for adult clubs that the city orders to shut down.

***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegally operating a sexually oriented industry.

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’t do cocaine in the privacy of your house. 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 swinging couples in TX showing up at the club. They are trying to control the owners of the house 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 state management. There is a big distinction…

No one is going to tell you that you can not go down to your neighborhood red light block and get a blowjob from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of parejas swinger to the Cherry Pit for some fun. We surely know however that the act of handing over a dollar in trade for the blowjob 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 whatsoever other grose action goes with “the other end”). The jury has decided that there is a undeniable government interest to control 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 recommendations for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.