Is There A Lawful Right To A Swing Party?
The city of Duncanville, Tx that is outscirts of Dallas has been involved in its own little Jerry Falwell style holy scripture belt combat with the founders of a secluded “adult club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an fashionable Duncanville residential area. The Cherry Pit promotes on the web and according to announced reports invites as many as 140 members to a weekend party.
The Cherry Pit has been organizing swingers party sex where guests pay a fee for entrance and are able get involved in almost any type of sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the cost of snacks, 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 rumored for an additional service charge they would even “bring out the gimp“….(just a joke)
This whole deal happened backin October of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the subsequent order:
“the operation and maintenance of a swinger to be illegal and a public irritation. Violation of the new decree will effect in a fine of up to $3,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and determined that it was in fact a sexually oriented commerce and subject to the decree. The reply of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t comprehend what their classification of a commerce is, but to my understanding a business is public – anyone 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 grill and asked everyone to pitch in $10 or bring a plate? That is exactly what we do. The only requirement to get into my home is that anyone call and let me know that you are coming and you are on my reservation list.”
Ms Norris went on to state that she assumed that the rule is a guise to attack their way of life 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 own territory and I will 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 seclusion and due process rights. They are mostly 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 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 home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official backbiting has taken place… Just today the City of Duncanville broadened the ordinance designed to lock the club down by making the definition of a swinger club more general and add a local plea process for adult clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of illegally operating a sexually oriented business.
So what you do think? Should private citizens be allowed to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can not do drugs in the privacy of your dwelling. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to regulate the Texas TX swingers showing up at the place. They are attempting to control the hosts of the place in encouraging 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 government management. There is a huge difference…
No one is going to tell you that you should not go down to your local red light area and get a blowjob from Kathie the local crack addict or Larry the cross dressing pimp or even take any of hombres para parejas swinger to the Cherry Pit for some fun. We of course are aware of nonetheless 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 act of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other nasty stuff goes with “the other end”). The government 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 industry. The Cherry Pit has since been locked. While warnings for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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