Do We Have A Lawful Right To A Orgy?
The city of Duncanville, Tx which is suburb of Dallas has been involved in its own small Jerry Falwell manner bible belt combat with the founders of a secluded “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville housing neighborhood. The Cherry Pit promotes on the internet and according to published news invites as many as 150 members to a weekend social gathering.
The Cherry Pit has been holding group sex orgies where guests pay a fee for admission and are able engage in almost any sort of sex actions they want on the premises. It is the position of the hosts 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 privilege 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 charge they will even “bring out the gimp“….(just a joke)
This whole deal started earlierin December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following ordinance:
“the function and maintenance of a sex to be unlawful and a public annoyance. Violation of the new regulation will outcome in a fine of up to $2,000.”
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 enjoyment and determined that it was Really a sexually oriented business and subject to the regulation. The answer of Julie Norris, one of the founders of “The Pit” was the following:
“I do not know what their definition of a industry is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your friends over for a Party and asked everyone to pitch in $5 or bring a plate? 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 went on to state that she believed that the regulation is a excuse to harass 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 morality into my personal territory and I have 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 swingers clubs violates their solitude 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 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 representative, Ed Klein, said the city is trying to regulate private acts in a private house 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… Only now the City of Duncanville broadened the ordinance designed to lock the club down by making the classification of a swinger club more general and add a local appeal process for swinger clubs that the town orders to close.
***October 29, 2008 A jury found the organizers of the Cherry Pit accountable of illegally operating a sexually oriented industry.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do drugs in the privacy of your home. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to control the adult dating in Dallas showing up at the house. They are trying to regulate the owners of the place in allowing 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 punishment. There is a vast dissimilarity…
Nobody 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 Bobby the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We surely are aware of nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise agreeable act illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other nasty action goes with “the other end”). The jury has decided that there is a compelling state interest 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 commerce. The Cherry Pit has since been shut down. While counsel for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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