Is There A Legitimate Right To A Gangbang?
The municipality of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell type bible belt battle with the owners of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville housing region. The Cherry Pit publishes on the internet and according to published news invites as many as 120 members to a weekend social gathering.
The Cherry Pit has been throwing amateur swingers parties where visitors pay a fee for entry and can engage in almost any type of sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the expence of foodstuff, beverages etc and not a fee for the opportunity 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 money they could even “bring out the gimp“….(just joking)
The entire bru ha ha started backin November of 2006 when past several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following decree:
“the function and maintenance of a club to be against the law and a public annoyance. Violation of the new order will effect in a fine of up to $3,000.”
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 enjoyment and resoluted that it was actually a sexually oriented industry and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I do not recognize what their definition of a business 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 contributions. Have you ever had your buddies over for a Party and asked everybody to pitch in $10 or bring a dish? That is precisely what we do. The only condition to get into my residence is that you 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 decree is a excuse to harass their lifestyles 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 principles into my private territory and I will 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 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 manner 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 lawer, Ed Klein, said the city tries to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal backbiting has taken place… Only today the City of Duncanville broadened the regulation designed to lock the club down by making the explanation of a sex club more broad and add a local appeal process for couples clubs that the city orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible of illegitimately operating a sexually oriented business.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do heroin in the confidentiality of your house. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to order the Texas swinger adult dating showing up at the place. They are trying to order the founders of the home 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 administration. There is a big distinction…
No one is going to advice you that you should not go down to your neighborhood red light block and get a BJ from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of busco pareja swinger to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting 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 whatever other grose stuff goes with “the other end”). The state has decided that there is a forceful government interest 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 industry. The Cherry Pit has since been shut down. While advice for the owners declared that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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