Do We Have A Lawful Right To A Gangbang?
The town of Duncanville, Tx which is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip clash with the founders of a privileged “adult club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville housing district. The Cherry Pit publishes on the web and according to published reports invites as many as 160 visitors to a weekly party.
The Cherry Pit has been organizing private parties where couples pay a fee for entrance and are allowed get involved in almost any sort of sex activity they want on the location. It is the position of the owners that this does not constitute a “business” as the entry money is to cover the price of food, soft drinks etc and not a charge for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an additional service money they will even “bring out the gimp“….(just joking)
This whole thing happened earlierin December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the following regulation:
“the operation and maintenance of a adult to be unlawful and a public annoyance. Violation of the new order will effect 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” seeking some enjoyment and determined that it was in fact a sexually oriented business and subject to the decree. The reply of Julie Norris, one of the owners of “The Pit” was as follows:
“I don’t know what their meaning of a commerce 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 allow contributions. Have you ever had your friends over for a booze and asked everyone to pitch in $5 or bring a bowl? That is just what we do. The only requirement to get into my residence is that anyone 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 ordinance is a excuse to harass their lifestyles and beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their principles into my personal house and I have 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 order banning adult clubs violates their privacy 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 dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the official wrangling has taken place… Only now the City of Duncanville broadened the order intended to close the club down by making the definition of a adult club more common and add a local petition process for couples clubs that the town orders to shut down.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit guilty of illegally operating a sexually oriented company.
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’t do cocaine in the privacy 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 trying to control the sex dating TX showing up at the place. They are trying to regulate the hosts of the club in cheering 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 state management. There is a big distinction…
No one is going to tell you that you should not go down to your neighborhood red light quarter and get a BJ from Sallie the local crack addict or Billy the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable act 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 grose stuff goes with “the other end”). The government has decided that there is a forceful government interest to adjust 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 commerce. The Cherry Pit has since been locked. While advice for the owners stated that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.