Is There A Legal Right To A Gangbang?
The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell type bible belt fight with the owners of a secluded ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an expensive Duncanville housing neighborhood. The Cherry Pit announces on the web and according to announced reports draws as many as 150 members to a weekend party.
The Cherry Pit has been holding amateur swingers parties where guests pay a fee for entry and could engage in pretty much any sort of sexualgroup sex activity they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the expence of foodstuff, drinks etc and not a fee 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 will even “bring out the gimp“….(just kidding)
This whole bru ha ha happened backin October of 2007 when after several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following regulation:
“the operation and maintenance of a adult to be unlawful and a public annoyance. Violation of the new ordinance can result in a fine of up to $2,500.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and determined that it was Really a sexually oriented business and subject to the regulation. The answer of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t comprehend what their definition of a business 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 gifts. Have you ever had your friends over for a barbecue and asked everyone to pitch in $10 or bring a bowl? That is precisely what we do. The only condition 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 assumed that the rule is a excuse to harass 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 morality into my private house and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit afterward counter sued the city claiming the decree banning adult clubs violates their privacy 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 method 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 representative, Edward Klain, said the city is trying to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the official squabbling has taken place… Just today the City of Duncanville broadened the order intended to lock the club down by making the explanation of a adult club more universal and add a local plea procedure for sex clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit responsible 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 authorities getting its’ rocks off?
You evidently can’t do heroin in the confidentiality 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 order the Texas swingers showing up at the venue. They are trying to control the founders of the house in allowing 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 control. There is a huge difference…
Nobody is going to tell you that you should not go down to your local red light area and get a BJ from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some entertainment. We surely are aware of however that the act of handing over a dollar in trade for the BJ makes the otherwise consenting action 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 wicked stuff goes with “the other end”). The jury has decided that there is a undeniable state interest to regulate 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 recommendations for the owners declared that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.