Is There A Legitimate Right To A Swing Party?
The city of Duncanville, Texas which is outscirts of Dallas has been drawn in its own little Jerry Falwell type holy scripture strip clash with the owners of a private “adult club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an fashionable Duncanville suburban community. The Cherry Pit advertises on the internet and according to announced news invites as many as 150 swingers to a weekly gathering.
The Cherry Pit has been holding orgy party where guests pay a charge for entry and can get involved in pretty much any kind of sex deeds they want on the site. It is the position of the hosts that this does not constitute a “business” as the entrance money is to cover the price 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 rumored for an additional service money they will even “bring out the gimp“….(just a joke)
This whole thing happened backin December of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the next order:
“the function and maintenance of a sex to be illegal and a public irritation. Violation of the new regulation will result in a fine of up to $2,000.”
The city of Duncanville then decided that the events at the Cherry Pit were more than simply a meeting of “friends and family” seeking some excitement and determined that it was in fact a sexually oriented industry and subject to the ordinance. The respond of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t recognize what their definition of a industry is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a grill and asked everyone to pitch in $5 or bring a food? That is just what we do. The only condition 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 ordinance is a excuse to attack their lifestyles and beliefs and that the regulation 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 am going to 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 ordinance banning sex clubs violates their confidentiality 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 scheme 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 Klain, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal wrangling has taken place… Just now the City of Duncanville broadened the order designed to shut the club down by making the explanation of a swinger club more broad and add a local petition procedure for sex clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit responsible of unlawfully operating a sexually oriented business.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can’t do heroin in the isolation of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to regulate the Texas adult dating personals showing up at the club. They are trying to control the owners of the club in cheering 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 big dissimilarity…
No one is going to advice you that you can not go down to your local red light district and get a blowjob from Sallie the local crack addict or Billy the cross dressing pimp or even take any of busco pareja swinger to the Cherry Pit for some fun. We surely are aware of nonetheless 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 operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other nasty action goes with “the other end”). The state has decided that there is a forceful state awareness 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 business. 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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