Is There A Legal Right To A Swing Party?
The municipality of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell type holy scripture belt conflict with the founders of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville suburban area. The Cherry Pit promotes on the web and according to published news draws as many as 120 members to a weekend gathering.
The Cherry Pit has been throwing private sexy parties where couples pay a fee for entry and are able engage in mosly any kind of sexualgroup sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the cost of foodstuff, soft drinks etc and not a cost 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 additional service charge they will even “bring out the gimp“….(just kidding)
The whole thing started earlierin October of 2006 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the next ordinance:
“the operation and maintenance of a sex to be against the law and a public irritation. Violation of the new ordinance will outcome in a fine of up to $2,500.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a gathering of “friends and family” looking for some enjoyment and resoluted that it was in fact a sexually oriented business 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 definition of a business is, but to my understanding a business is public – anybody can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your friends over for a Party and asked everyone to pitch in $5 or bring a dish? That is exactly what we do. The only requirement to get into my house 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 rule is a excuse to attack their way of life and values 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 private home and I am going to 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 order banning swingers clubs violates their solitude and due process rights. They are basically 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 actually 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 home using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Just now the City of Duncanville broadened the rule intended to lock the club down by making the explanation of a adult club more general and add a local plea process for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit responsible of unlawfully 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 heroin in the isolation of your house. 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 hot wives in Texas showing up at the house. They are attempting to order the founders of the house 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 government administration. There is a colossal difference…
Nobody is going to tell you that you cant go down to your neighborhood red light area and get a BJ from Sallie the local crack addict or Jimmy the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some fun. We of course are aware of nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting step illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other disgusting action goes with “the other end”). The state has decided that there is a forceful state awareness 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 business. The Cherry Pit has since been closed. While warnings for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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