Is There A Legal Right To A Gangbang?
The municipality of Duncanville, Texas that is neighborhood of Dallas has been involved in its own petite Jerry Falwell style holy scripture strip clash with the owners of a secret ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an upscale Duncanville housing community. The Cherry Pit promotes on the internet and according to published information invites as many as 100 members to a weekly party.
The Cherry Pit has been holding orgy party where visitors pay a fee for entrance and could get involved in pretty much any type of sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the price of foodstuff, beverages 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 said for an extra service money they could even “bring out the gimp“….(just joking)
The entire bru ha ha happened latein November of 2007 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 passed the next ordinance:
“the operation and maintenance of a adult to be unlawful and a public nuisance. Violation of the new regulation can effect in a fine of up to $3,000.”
The city of Duncanville then decided that the events at the Cherry Pit were more than just a meeting of “friends and family” looking for some fun and determined that it was basically a sexually oriented business and subject to the law. The reply 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 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 grill and asked everybody to pitch in $5 or bring a dish? That is precisely what we do. The only requirement 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 went on to state that she assumed that the ordinance is a guise to assault their lifestyles and values and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my own house and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit after that counter sued the city claiming the order banning swingers 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 scheme in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal advisor, Ed Klain, said the city is trying to regulate private acts in a private dwelling using the public nuisance 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 meant to close the club down by making the explanation of a swinger club more universal and add a local petition procedure for sex clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit guilty of illegitimately operating a sexually oriented industry.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You evidently can not do heroin in the privacy 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 attempting to regulate the Texas swingers showing up at the club. They are trying to control the founders of the home in encouraging 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 punishment. There is a huge difference…
Nobody is going to advice you that you should not go down to your neighborhood red light quarter and get a blowjob from Lily the local crack addict or Billy the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in trade for the BJ makes the otherwise consenting act 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 whatever other wicked stuff goes with “the other end”). The state 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 company. The Cherry Pit has since been locked. While advise for the owners stated that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.