Is There A Lawful Right To A Swing Party?
The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell type holy scripture strip fight with the founders of a secluded “swingers club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville housing region. The Cherry Pit promotes on the web and according to announced reports draws as many as 100 members to a weekly gathering.
The Cherry Pit has been throwing amateur orgy parties where guests pay a fee for admission and could get involved in pretty much any kind of sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the cost of food, beverages etc and not a cost 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 additional service charge they could even “bring out the gimp“….(just kidding)
The entire bru ha ha happened backin November of 2007 when past some years of Cherry Pitt neighbors complaining about the offence, 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 irritation. Violation of the new ordinance can outcome in a fine of up to $3,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than simply a gathering of “friends and family” looking for some fun and determined that it was Really a sexually oriented commerce 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 industry is, but to my understanding a business is public – anyone can just walk into it and you should pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your buddies over for a barbecue and asked everyone to pitch in $10 or bring a dish? That is exactly 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 went on to state that she believed that the regulation is a guise to assault their way of life and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles 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 then counter sued the city claiming the decree banning sex clubs violates their privacy 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 manner in making the right to privacy argument because there is in fact no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Ed Klain, said the city is trying 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 legal squabbling has taken place… Just today the City of Duncanville broadened the regulation meant to shut the club down by making the classification of a sex club more broad and add a local petition procedure for sex clubs that the town orders to close.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented industry.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can not do heroin in the isolation 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 swinging couples in TX showing up at the house. They are trying to order the hosts of the club 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 state regulation. There is a big distinction…
Nobody is going to tell you that you cant go down to your local red light area and get a BJ from Sallie the local crack addict or Larry the cross dressing pimp or even take any of swinger parejas to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in trade for the blowjob 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 grose doing goes with “the other end”). The government has decided that there is a undeniable state interest 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 company. The Cherry Pit has since been locked. While advice for the owners stated that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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