Is There A Lawful Right To A Swing Party?
The city of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own petite Jerry Falwell style bible belt battle with the owners of a private ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville residential neighborhood. The Cherry Pit announces on the web and according to announced information invites as many as 150 adults to a weekly gathering.
The Cherry Pit has been holding party girls sex where visitors pay a fee for entrance and can engage in almost any kind of sexualgroup sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entry charge 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 whispered for an extra service money they will even “bring out the gimp“….(just kidding)
The whole thing happened latein November of 2006 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next ordinance:
“the operation and maintenance of a club to be unlawful and a public nuisance. Violation of the new decree can result in a fine of up to $2,500.”
The city of Duncanville then decided that the gatherings 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 commerce and subject to the law. The response of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t know what their definition of a business is, but to my understanding a business is public – anybody can just 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 buddies over for a booze and asked everyone to pitch in $10 or bring a bowl? That is precisely what we do. The only requirement to get into my home 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 guise to assault 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 morality into my private home and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the decree banning adult clubs violates their confidentiality and due process rights. They are basically 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 is trying to regulate private acts in a private home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal wrangling has taken place… Only today the City of Duncanville broadened the order meant to shut the club down by making the classification of a adult club more general and add a local appeal procedure for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit responsible of unlawfully operating a sexually oriented business.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can not do cocaine in the confidentiality of your apartment. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to order the sex meeting Texas showing up at the house. They are trying to control the hosts of the place in cheering 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 government management. There is a colossal difference…
Nobody is going to advice you that you cant go down to your neighborhood red light block and get a blowjob from Lily the local crack addict or Jimmy the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable action 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 doing goes with “the other end”). The jury has decided that there is a forceful government awareness 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 locked. While advice for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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