Do We Have A Constitutional Right To A Swing Party?
The city of Duncanville, Texas that is neighborhood of Dallas has been involved in its own little Jerry Falwell style holy scripture belt combat with the founders of a secret ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville residential region. The Cherry Pit advertises on the internet and according to announced information draws as many as 100 guests to a weekend social gathering.
The Cherry Pit has been throwing swinger orgy parties where visitors pay a fee for admission and could get involved in almost any type of sexualgroup sex deeds they want on the site. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the expence of food, 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 whispered for an extra service money they would even “bring out the gimp“….(just kidding)
This whole bru ha ha happened latein October of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the subsequent regulation:
“the function and maintenance of a club to be unlawful and a public nuisance. Violation of the new regulation will outcome in a fine of up to $2,500.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” looking for some fun and resoluted that it was actually a sexually oriented industry and subject to the decree. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t recognize what their classification of a commerce 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 allow contributions. Have you ever had your buddies over for a grill and asked everyone to pitch in $5 or bring a dish? That is precisely what we do. The only requirement 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 assumed that the regulation is a guise to attack their lifestyles and beliefs and that the regulation 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 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 order banning sex 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 method 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 legal advisor, Ed Klein, said the city tries 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 legal squabbling has taken place… Just today the City of Duncanville broadened the ordinance designed to close the club down by making the definition of a swinger club more universal and add a local petition process for sex clubs that the town orders to shut down.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of illegitimately operating a sexually oriented company.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can not do cocaine in the seclusion of your property. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT trying to control the nude women Texas showing up at the club. They are attempting to control the founders of the house in cheering 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 punishment. There is a colossal distinction…
Nobody is going to advice you that you can not go down to your neighborhood red light block and get a BJ from Kathie the local crack addict or Billy the cross dressing pimp or even take any of maduras sexo 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 consenting doing illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other disgusting action goes with “the other end”). The government has decided that there is a forceful government concern 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 commerce. The Cherry Pit has since been locked. While recommendations for the owners stated that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas