Is There A Legitimate Right To A Orgy?
The city of Duncanville, Tx that is suburb of Dallas has been drawn in its own petite Jerry Falwell style bible strip fight with the founders of a private “adult club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an fashionable Duncanville suburban neighborhood. The Cherry Pit publishes on the web and according to announced news draws as many as 100 visitors to a weekend social gathering.
The Cherry Pit has been throwing swingers sex parties where guests pay a cost for entry and could get involved in almost any sort of sex actions they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, drinks etc and not a fee 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 extra service money they will even “bring out the gimp“….(just kidding)
The whole thing started backin November of 2006 when after several years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the next regulation:
“the function and maintenance of a swinger to be unlawful and a public irritation. Violation of the new regulation will effect in a fine of up to $3,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than simply a meeting of “friends and family” looking for some enjoyment and resoluted that it was in fact a sexually oriented commerce and subject to the ordinance. The answer of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not comprehend what their meaning of a commerce 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 allow donations. Have you ever had your buddies over for a booze and asked everybody to pitch in $5 or bring a food? That is precisely what we do. The only condition 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 continued to state that she understood that the regulation is a excuse to harass their lifestyles and values 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 private home and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the order banning sex clubs violates their solitude and due process rights. They are mostly 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 in fact 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 home 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… Only today the City of Duncanville broadened the rule intended to shut the club down by making the definition of a sex club more broad and add a local plea process for sex clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit guilty of illegally operating a sexually oriented company.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do drugs in the seclusion of your house. 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 swingers in Dallas, TX showing up at the club. They are trying to order the owners of the house 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 state control. There is a huge difference…
No one is going to advice you that you cant go down to your neighborhood red light block and get a blowjob from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable operation illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other nasty action goes with “the other end”). The government has decided that there is a undeniable state interest 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 company. The Cherry Pit has since been closed. While counsel for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.