Is There A Legitimate Right To A Gangbang?
The town of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell style bible strip combat with the owners of a secluded “swingers club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville suburban community. The Cherry Pit publishes on the internet and according to advertised reports invites as many as 100 guests to a weekend social gathering.
The Cherry Pit has been organizing gangbang orgies where visitors pay a cost for entry and could engage in mosly any kind of sexualgroup sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry price is to cover the expence of foodstuff, soft drinks etc and not a price for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service charge they will even “bring out the gimp“….(just joking)
The entire deal started backin October of 2007 when past several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the next regulation:
“the function and maintenance of a swinger to be against the law and a public nuisance. Violation of the new decree can result in a fine of up to $2,000.”
The city of Duncanville after that decided that the events at the Cherry Pit were more than just a meeting of “friends and family” looking for some enjoyment and determined that it was actually a sexually oriented industry and subject to the ordinance. The reply of Julie Norris, one of the founders of “The Pit” was as follows:
“I don’t comprehend what their meaning of a commerce is, but to my understanding a business is public – anyone can just 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 everybody to pitch in $5 or bring a plate? That is exactly what we do. The only requirement to get into my residence is that you call and let me know that you are coming and you are on my reservation list.”
Ms Norris went on to state that she believed that the rule is a excuse to assault their lifestyles 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 ethics into my personal territory and I am going to 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 decree banning sex clubs violates their solitude 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 manner 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 attorney, Ed Klein, said the city tries 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… Only now the City of Duncanville broadened the rule intended to close the club down by making the classification of a sex club more general and add a local plea process for adult clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of unlawfully operating a sexually oriented business.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do cocaine in the isolation 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 trying to regulate the swingers in TX showing up at the venue. They are attempting to regulate the founders of the house 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 management. There is a big difference…
No one is going to tell you that you cant go down to your local red light area and get a blowjob from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting step 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 wicked action goes with “the other end”). The government has decided that there is a forceful government concern 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 industry. The Cherry Pit has since been locked. While warnings for the owners stated that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.