Do You Have A Constitutional Right To A Orgy?
The municipality of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own small Jerry Falwell manner holy scripture strip combat with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville suburban region. The Cherry Pit publishes on the web and according to published news draws as many as 100 swingers to a weekend social gathering.
The Cherry Pit has been organizing girl orgies where guests pay a charge for entry and can get involved in mosly any sort of sexualgroup sex activity they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the price 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 additional service charge they will even “bring out the gimp“….(just kidding)
The whole thing started latein 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 district, the City of Duncanville approved the next regulation:
“the operation and maintenance of a club to be unlawful and a public nuisance. Violation of the new regulation can 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 just a party of “friends and family” seeking some fun and resoluted that it was actually a sexually oriented business and subject to the law. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t comprehend what their classification of a industry is, but to my understanding a business is public – anyone can simply walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a Party and asked everyone to pitch in $10 or bring a dish? That is just what we do. The only requirement to get into my home is that anyone 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 beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my own home and I am going 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 decree banning sex 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 manner 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 Klain, said the city tries 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 official wrangling has taken place… Only now the City of Duncanville broadened the ordinance meant to shut the club down by making the definition of a sex club more common and add a local plea procedure for sex clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented company.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can not do drugs in the isolation 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 Texas adult dating personals showing up at the place. They are trying to regulate the hosts of the home 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 control. There is a huge dissimilarity…
No one is going to tell you that you should not go down to your local red light district and get a BJ from Mollie the local crack addict or Jimmy the cross dressing pimp or even take any of casadas buscando 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 BJ makes the otherwise agreeable act 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 whatever other disgusting doing goes with “the other end”). The state has decided that there is a forceful 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 business. The Cherry Pit has since been shut down. While warnings for the owners stated that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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