Is There A Legitimate Right To A Gangbang?
The municipality of Duncanville, Texas that is neighborhood of Dallas has been drawn in its own small Jerry Falwell style bible strip fight with the founders of a secluded “adult club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville residential neighborhood. The Cherry Pit promotes on the internet and according to advertised information draws as many as 160 swingers to a weekend gathering.
The Cherry Pit has been organizing swinger parties orgies where visitors pay a fee for entry and could engage in almost any sort of sex activity 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 expence of foodstuff, soft drinks etc and not a cost for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service fee they would even “bring out the gimp“….(just kidding)
The entire deal started backin December of 2006 when after several years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following decree:
“the operation and maintenance of a sex to be illegal and a public irritation. Violation of the new regulation will outcome in a fine of up to $2,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a party of “friends and family” looking for some excitement and determined that it was basically a sexually oriented business and subject to the decree. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t comprehend what their classification of a business 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 friends over for a barbecue and asked everybody to pitch in $5 or bring a plate? That is exactly what we do. The only requirement to get into my home 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 rule is a guise to harass their lifestyles and values and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my personal 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 regulation banning swingers clubs violates their seclusion 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 method 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 representative, Ed Klain, said the city is trying to regulate private acts in a private home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the ordinance designed to shut the club down by making the definition 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 proclaimed the owners of the Cherry Pit responsible of illegitimately operating a sexually oriented business.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do cocaine in the seclusion of your home. 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 place. They are attempting to order the hosts of the place in allowing 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 management. There is a vast dissimilarity…
No one is going to tell you that you should not go down to your neighborhood red light quarter and get a BJ from Kathie 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 of course are aware of however that the act of handing over a dollar in exchange for the blowjob makes the otherwise consenting act illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other grose doing goes with “the other end”). The state has decided that there is a compelling state awareness 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 company. The Cherry Pit has since been locked. While recommendations for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.