Is There A Lawful Right To A Gangbang?
The town of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own petite Jerry Falwell type holy scripture belt conflict with the founders of a private “adult club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an upscale Duncanville residential community. The Cherry Pit announces on the internet and according to announced reports draws as many as 140 members to a weekend social gathering.
The Cherry Pit has been throwing group orgy parties where couples pay a charge for entry and can get involved in pretty much any kind of sex activity they want on the location. It is the position of the hosts that this does not constitute a “business” as the entrance charge is to cover the cost of foodstuff, beverages 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 rumored 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 community, the City of Duncanville passed the subsequent order:
“the operation and maintenance of a sex to be illegal and a public annoyance. Violation of the new ordinance will result in a fine of up to $3,000.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than just a gathering of “friends and family” seeking some enjoyment and determined that it was basically a sexually oriented commerce and subject to the decree. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t comprehend what their definition of a industry is, but to my understanding a business is public – anyone can just 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 food? 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 continued to state that she believed that the regulation is a excuse to assault their way of life 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 personal 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 order banning adult 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 actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Ed Kline, said the city tries to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal squabbling has taken place… Only today the City of Duncanville broadened the rule designed to close the club down by making the explanation of a swinger club more general and add a local plea process for swinger clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit guilty of illegally operating a sexually oriented company.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can’t do heroin in the confidentiality of your apartment. 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 sex dating TX showing up at the club. They are trying to regulate the owners of the house 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 state control. There is a colossal difference…
Nobody is going to tell you that you should not go down to your local red light block and get a BJ from Lily the local crack addict or Mikey the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise agreeable action illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other wicked stuff goes with “the other end”). The government has decided that there is a forceful government interest to normalize 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 closed. While warnings for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.