Do You Have A Constitutional Right To A Orgy?
The town of Duncanville, Tx which is neighborhood of Dallas has been drawn in its own petite Jerry Falwell manner bible strip fight with the owners of a secret “adult club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an expensive Duncanville residential community. The Cherry Pit advertises on the internet and according to published news draws as many as 120 visitors to a weekly gathering.
The Cherry Pit has been holding adult orgy party where guests pay a cost for entry and can engage in pretty much any kind of sexualgroup sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the cost of food, beverages etc and not a fee 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 charge they could even “bring out the gimp“….(just joking)
The entire bru ha ha happened backin November of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the following ordinance:
“the function and maintenance of a adult to be unlawful and a public annoyance. Violation of the new order will 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” seeking some excitement and resoluted that it was Really a sexually oriented commerce and subject to the regulation. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not know what their meaning of a business is, but to my understanding a business is public – anyone can simply 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 food? That is precisely 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 assumed that the rule is a excuse to assault their lifestyles and values and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my own home 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 ordinance banning sex clubs violates their confidentiality 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 technique 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, Edward Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal wrangling has taken place… Only today the City of Duncanville broadened the order meant to lock the club down by making the explanation of a sex club more broad and add a local appeal process for sex clubs that the town orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit guilty of illegally operating a sexually oriented business.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do drugs in the privacy of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT attempting to regulate the swinger adult dating showing up at the club. They are trying to regulate the founders of the place 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 government management. There is a colossal distinction…
Nobody is going to advice you that you cant go down to your local red light block and get a blowjob from Kathie the local crack addict or Bobby the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some fun. We surely know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable operation 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 whatever other disgusting stuff goes with “the other end”). The jury has decided that there is a undeniable state 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 declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.
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