Is There A Legitimate Right To A Orgy?
The city of Duncanville, Texas that is neighborhood of Dallas has been involved in its own petite Jerry Falwell manner bible belt clash with the owners of a private ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville suburban district. The Cherry Pit announces on the internet and according to published news invites as many as 160 adults to a weekly party.
The Cherry Pit has been holding groups sex parties where guests pay a fee for entrance and are able engage in pretty much any kind of sexualgroup sex deeds they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the cost of food, soft drinks 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 said for an additional service charge they would even “bring out the gimp“….(just kidding)
The whole deal happened backin October of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following order:
“the function and maintenance of a adult to be illegal and a public nuisance. Violation of the new order will effect 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 fun and determined that it was Really a sexually oriented commerce and subject to the decree. The answer of Julie Norris, one of the owners of “The Pit” was the following:
“I do not recognize what their meaning of a industry is, but to my understanding a business is public – anybody can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a barbecue and asked everybody to pitch in $10 or bring a food? That is just what we do. The only condition to get into my residence 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 rule is a guise to assault 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 ethics into my private house and I will 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 regulation banning swingers clubs violates their privacy 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 technique 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, Ed Kline, said the city is trying to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official squabbling has taken place… Only today the City of Duncanville broadened the rule meant to lock the club down by making the explanation of a swinger club more broad and add a local appeal process for adult clubs that the town 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 do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can’t do heroin in the confidentiality of your dwelling. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to control the Texas TX swingers showing up at the venue. They are attempting to regulate the owners of the house in encouraging the “Piters” to engage in sex for a fee at their home…. The state 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 regulation. There is a big difference…
No one is going to advice you that you can not go down to your local red light block and get a BJ from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in exchange for the quickie 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 happens (in addition to whatever other wicked stuff goes with “the other end”). The jury has decided that there is a compelling government awareness 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 company. The Cherry Pit has since been locked. While warnings for the owners stated that the decree 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