Do We Have A Constitutional Right To A Gangbang?
The municipality of Duncanville, Texas that is suburb of Dallas has been drawn in its own little Jerry Falwell style holy scripture belt battle with the owners of a secret ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an fashionable Duncanville residential neighborhood. The Cherry Pit posts on the internet and according to advertised news invites as many as 100 adults to a weekly party.
The Cherry Pit has been throwing swinger clubs where guests pay a cost for entrance and are able get involved in pretty much any type of sexualgroup 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 cost of food, drinks etc and not a price 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 would even “bring out the gimp“….(just kidding)
The entire bru ha ha happened latein 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 area, the City of Duncanville approved the subsequent decree:
“the operation and maintenance of a club to be illegal and a public nuisance. Violation of the new decree can result in a fine of up to $3,000.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a party of “friends and family” looking for some enjoyment and resoluted that it was Really a sexually oriented commerce and subject to the ordinance. The respond of Julie Norris, one of the founders 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 – anybody can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your friends over for a booze and asked everyone to pitch in $5 or bring a food? That is just what we do. The only condition to get into my house is that you call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she understood that the regulation is a excuse to attack 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 territory and I will stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit after that counter sued the city claiming the ordinance banning adult clubs violates their confidentiality 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 method in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Ed Kline, 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 stayed open while all the official backbiting has taken place… Only now the City of Duncanville broadened the decree intended to shut the club down by making the definition of a adult club more universal and add a local petition process for swinger clubs that the town orders to close.
***October 29, 2008 A jury found the owners of the Cherry Pit responsible of illegally operating a sexually oriented business.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You evidently can’t do cocaine in the confidentiality of your dwelling. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to control the hot wives in TX showing up at the venue. They are trying to regulate the hosts of the house in allowing 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 regulation. There is a big distinction…
No one is going to advice you that you cant go down to your neighborhood red light quarter and get a BJ from Lily the local crack addict or Larry the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise consenting act illegal prostitution on one end and the illegal act 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 state has decided that there is a undeniable government concern to normalize 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 counsel 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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