Do We Have A Legal Right To A Swing Party?
The municipality of Duncanville, Tx that is suburb of Dallas has been drawn in its own petite Jerry Falwell style holy scripture belt clash with the founders of a secluded ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville residential district. The Cherry Pit advertises on the web and according to advertised reports invites as many as 100 adults to a weekly social gathering.
The Cherry Pit has been holding vip sex parties where couples pay a cost for entry and are able get involved in almost any kind of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the cost of food, 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 rumored for an additional service charge they would even “bring out the gimp“….(just a joke)
This whole thing started backin December of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following order:
“the operation and maintenance of a swinger to be illegal and a public nuisance. Violation of the new decree can result in a fine of up to $2,500.”
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 enjoyment and determined that it was Really a sexually oriented industry and subject to the regulation. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not recognize what their meaning of a industry is, but to my understanding a business is public – anyone can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a grill and asked everybody to pitch in $5 or bring a bowl? That is exactly what we do. The only condition 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 ordinance is a excuse to attack 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 principles into my own dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit subsequently counter sued the city claiming the ordinance banning adult clubs violates their seclusion 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 method 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 lawer, Ed Kline, said the city is trying to regulate private acts in a private home 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… Just today the City of Duncanville broadened the regulation designed to shut the club down by making the classification of a swinger club more universal and add a local petition process for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of unlawfully operating a sexually oriented company.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do cocaine in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to order the hot wives in TX showing up at the club. They are attempting to control the founders of the place 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 management. There is a big difference…
No one is going to tell you that you cant go down to your local red light quarter and get a BJ from Mollie the local crack addict or Eddie the cross dressing pimp or even take any of parejas sexo to the Cherry Pit for some entertainment. We surely are aware of however that the act of handing over a dollar in trade for the quickie makes the otherwise agreeable action 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 doing goes with “the other end”). The state has decided that there is a undeniable government awareness 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 company. The Cherry Pit has since been shut down. While advice for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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