Do We Have A Legal Right To A Orgy?
The municipality of Duncanville, Texas which is neighborhood of Dallas has been involved in its own small Jerry Falwell manner holy scripture belt battle with the owners of a privileged “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville housing area. The Cherry Pit advertises on the internet and according to advertised reports invites as many as 140 visitors to a weekend party.
The Cherry Pit has been holding swingers sex party where guests pay a cost for admission and could get involved in almost any kind of sexualgroup sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry price is to cover the price of snacks, soft 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 extra service fee they would even “bring out the gimp“….(just a joke)
The entire bru ha ha started backin October of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the subsequent decree:
“the operation and maintenance of a swinger to be against the law and a public annoyance. Violation of the new order can effect in a fine of up to $2,000.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than just a meeting of “friends and family” looking for some excitement and determined that it was actually 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 comprehend what their meaning of a industry is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your buddies over for a grill and asked everyone to pitch in $5 or bring a food? That is exactly what we do. The only requirement to get into my house is that a person 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 regulation is a excuse to assault their way of life and beliefs and that the ordinance regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my personal house and I will 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 decree banning swingers clubs violates their confidentiality 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 method 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 legal advisor, Edward Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal wrangling has taken place… Just now the City of Duncanville broadened the regulation meant to lock the club down by making the explanation of a swinger club more universal and add a local appeal procedure for adult clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of illegitimately operating a sexually oriented industry.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do cocaine in the seclusion of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to control the seeking an affair in Texas showing up at the venue. They are attempting to control the owners of the place 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 government management. There is a big dissimilarity…
No one is going to advice you that you cant go down to your local red light district and get a BJ from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some fun. 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 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 jury has decided that there is a forceful state interest to normalize 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 closed. While advise for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.