Do You Have A Legitimate Right To A Gangbang?

The municipality of Duncanville, Tx which is outscirts of Dallas has been drawn in its own little Jerry Falwell style bible strip clash with the owners of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville housing district. The Cherry Pit announces on the web and according to announced information draws as many as 140 swingers to a weekend gathering.

The Cherry Pit has been holding gay college sex parties where couples pay a cost for admission and can engage in mosly any type 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 money is to cover the expence of food, drinks 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 rumored for an extra service charge they could even “bring out the gimp“….(just joking)

The whole deal 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 community, the City of Duncanville passed the next order:

“the function and maintenance of a swinger to be against the law and a public nuisance. Violation of the new ordinance can outcome in a fine of up to $2,500.”

The city of Duncanville then decided that the gatherings at the Cherry Pit were more than simply a party of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented business and subject to the law. The answer of Julie Norris, one of the founders of “The Pit” was the following:

“I do not know what their definition of a industry is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a grill and asked everybody to pitch in $5 or bring a bowl? That is exactly what we do. The only condition 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 guise to harass their way of life and beliefs 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 dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit then counter sued the city claiming the regulation banning swingers 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 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 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 official squabbling has taken place… Only now the City of Duncanville broadened the regulation intended to lock the club down by making the explanation of a swinger club more broad and add a local petition procedure for couples clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of illegitimately operating a sexually oriented business.

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

You obviously can not do cocaine in the seclusion of your house. 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 sex dating TX showing up at the place. They are attempting to regulate the founders of the place in encouraging 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 control. There is a big dissimilarity…

Nobody is going to tell you that you can not go down to your local red light block and get a BJ from Lily the local crack addict or Larry the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting operation 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 disgusting stuff goes with “the other end”). The state has decided that there is a undeniable government concern to regulate 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 shut down. While warnings for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.

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