Is There A Legal Right To A Gangbang?
The city of Duncanville, Texas that is suburb of Dallas has been involved in its own petite Jerry Falwell manner bible strip fight with the owners of a secluded ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an fashionable Duncanville housing neighborhood. The Cherry Pit posts on the internet and according to announced reports invites as many as 100 swingers to a weekend gathering.
The Cherry Pit has been throwing swingers sex party where guests pay a cost for entry and are able engage in mosly any type of sex actions they want on the location. It is the position of the hosts that this does not constitute a “business” as the entrance fee is to cover the price of food, soft drinks etc and not a cost for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an extra service charge they will even “bring out the gimp“….(just joking)
The entire deal started latein December of 2007 when past few years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following regulation:
“the operation and maintenance of a adult to be against the law and a public nuisance. Violation of the new order will outcome 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 simply a gathering of “friends and family” seeking some enjoyment and determined that it was Really a sexually oriented business and subject to the ordinance. The reply of Julie Norris, one of the founders of “The Pit” was the following:
“I don’t know what their definition of a industry 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 gifts. Have you ever had your buddies over for a Party and asked everyone to pitch in $10 or bring a dish? That is precisely what we do. The only condition to get into my residence 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 assumed that the decree is a excuse to harass their way of life 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 principles into my own home and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit afterward counter sued the city claiming the ordinance 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 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 lawer, Ed Klain, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official squabbling has taken place… Just today the City of Duncanville broadened the rule designed to lock the club down by making the classification of a sex club more general and add a local appeal procedure for couples clubs that the city orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit responsible 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 obviously can not do heroin in the privacy of your home. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to regulate the swinger adult dating showing up at the venue. They are trying to control the hosts 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 huge dissimilarity…
No one is going to advice you that you cant go down to your local red light quarter and get a BJ from Mollie the local crack addict or Larry the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some entertainment. We surely know nonetheless 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 operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other disgusting stuff goes with “the other end”). The government has decided that there is a forceful 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 commerce. 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.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas