Do We Have A Constitutional Right To A Gangbang?
The municipality of Duncanville, Tx which is neighborhood of Dallas has been drawn in its own little Jerry Falwell style bible strip clash with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban district. The Cherry Pit posts on the web and according to advertised news invites as many as 100 adults to a weekly social gathering.
The Cherry Pit has been organizing private sex groups where visitors pay a cost for admission and are able get involved in almost any sort of sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entry price is to cover the cost of foodstuff, beverages etc and not a price for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an additional service charge they will even “bring out the gimp“….(just joking)
The whole thing started earlierin December of 2007 when past some years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the subsequent regulation:
“the operation and maintenance of a sex to be unlawful and a public nuisance. Violation of the new ordinance can result in a fine of up to $3,000.”
The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and determined that it was actually a sexually oriented commerce and subject to the decree. The response of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t comprehend what their classification of a commerce is, but to my understanding a business is public – anybody can just walk into it and you should pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your buddies over for a barbecue and asked everyone to pitch in $5 or bring a bowl? That is precisely 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 assumed that the decree is a excuse to attack their way of life and beliefs and that the order 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 owners of the Cherry Pit then counter sued the city claiming the order banning adult 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 scheme 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 attorney, Edward 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 remained open while all the official squabbling has taken place… Just today the City of Duncanville broadened the rule designed to shut the club down by making the classification of a sex club more general and add a local appeal procedure for couples clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit guilty of illegally operating a sexually oriented company.
So what do you think? Should private citizens be allowed to “swap pits” at the Pitt without the government getting its’ rocks off?
You obviously can’t do heroin in the isolation 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 order the TX swingers showing up at the venue. They are trying to control the hosts of the club in allowing 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 control. There is a big distinction…
No one is going to tell you that you should not go down to your local red light block and get a blowjob from Kathie the local crack addict or Mikey the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some entertainment. We of course know nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting act illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other wicked doing goes with “the other end”). The government has decided that there is a forceful state awareness 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 industry. The Cherry Pit has since been closed. While counsel for the owners stated that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.