Do You Have A Legal Right To A Gangbang?
The municipality of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible strip battle with the owners of a secret ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville housing area. The Cherry Pit posts on the internet and according to announced reports invites as many as 160 guests to a weekend gathering.
The Cherry Pit has been throwing swingers key party where guests pay a fee for admission and are allowed engage in mosly any sort of sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, soft drinks etc and not a charge for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service fee they would even “bring out the gimp“….(just a joke)
The whole thing started earlierin October of 2007 when after some 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 next decree:
“the operation and maintenance of a club to be illegal and a public irritation. Violation of the new ordinance can result 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 simply a gathering of “friends and family” seeking some excitement and determined that it was actually a sexually oriented industry and subject to the regulation. The reaction of Julie Norris, one of the founders of “The Pit” was the following:
“I do not comprehend what their classification of a business 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 accept contributions. Have you ever had your buddies over for a Party and asked everyone to pitch in $5 or bring a bowl? That is exactly 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 believed that the decree is a excuse to attack their lifestyles and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my private territory and I have 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 regulation banning adult 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 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… Just today the City of Duncanville broadened the order intended to shut the club down by making the definition of a sex club more broad and add a local plea procedure for couples clubs that the town orders to shut down.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable 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 obviously can not do cocaine in the seclusion of your apartment. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to control the Texas swinger adult dating showing up at the club. They are trying to regulate the owners of the house 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 state control. There is a big dissimilarity…
Nobody is going to tell you that you cant go down to your local red light district and get a BJ from Kathie the local crack addict or Billy the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in exchange for the BJ makes the otherwise consenting operation 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 whatsoever other disgusting doing goes with “the other end”). The jury has decided that there is a undeniable 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 business. The Cherry Pit has since been closed. While advice 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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