Is There A Legitimate Right To A Gangbang?

The town of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own petite Jerry Falwell manner bible belt clash with the founders of a secret ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an upscale Duncanville housing area. The Cherry Pit announces on the web and according to announced information invites as many as 150 members to a weekend social gathering.

The Cherry Pit has been organizing bisexual orgy parties where guests pay a fee for admission and are allowed get involved in pretty much any sort of sexualgroup sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entry charge 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 whispered for an extra service charge they will even “bring out the gimp“….(just joking)

This whole bru ha ha started backin October of 2006 when past several years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following decree:

“the operation and maintenance of a sex to be illegal and a public nuisance. Violation of the new decree can effect in a fine of up to $2,000.”

The city of Duncanville after that decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” looking for some excitement and determined that it was in fact a sexually oriented commerce and subject to the ordinance. The respond of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t know what their classification 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 gifts. Have you ever had your friends over for a barbecue and asked everybody to pitch in $5 or bring a food? That is precisely what we do. The only requirement 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 ordinance is a excuse to assault their lifestyles and values and that the decree regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their ethics into my personal home and I will 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 regulation banning adult clubs violates their seclusion 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 technique 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 lawer, Ed Kline, 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 remained open while all the official wrangling has taken place… Just now the City of Duncanville broadened the rule designed to close the club down by making the definition of a adult club more universal and add a local petition process for sex clubs that the city orders to shut down.

***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented business.

So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?

You obviously can not do cocaine in the privacy of your apartment. 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 club. They are trying to control the owners of the place 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 administration. There is a huge dissimilarity…

No one is going to advice you that you can not go down to your neighborhood red light area and get a blowjob from Sallie the local crack addict or Larry the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in trade for the quickie 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 whatever other grose stuff goes with “the other end”). The state has decided that there is a forceful state 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 closed. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.