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The city of Duncanville, Texas which is neighborhood of Dallas has been involved in its own small Jerry Falwell manner holy scripture strip fight with the founders of a privileged ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville housing area. The Cherry Pit advertises on the web and according to published information draws as many as 130 swingers to a weekend party.

The Cherry Pit has been holding couple sex parties where visitors pay a cost for entry and could get involved in pretty much any sort of sex actions they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, soft drinks etc and not a charge for the privilege 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 would even “bring out the gimp“….(just a joke)

This whole bru ha ha started backin December of 2006 when after several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next regulation:

“the function and maintenance of a sex to be against the law and a public irritation. Violation of the new order 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 gathering of “friends and family” looking for some excitement and determined that it was Really a sexually oriented industry and subject to the decree. The respond of Julie Norris, one of the founders of “The Pit” was the following:

“I do not comprehend what their meaning of a industry is, but to my understanding a business is public – anybody can just walk into it and you shall 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 $10 or bring a dish? That is precisely what we do. The only condition 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 went on to state that she understood that the rule is a excuse to assault their way of life 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 private house and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit after that counter sued the city claiming the regulation banning sex clubs violates their seclusion 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 actually no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s legal representative, Ed Kline, 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 backbiting has taken place… Only today the City of Duncanville broadened the order meant to lock the club down by making the definition of a sex club more general and add a local petition process for adult clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the owners of the Cherry Pit responsible of illegitimately operating a sexually oriented industry.

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

You evidently can not do heroin in the seclusion 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 attempting to order the swingers in TX showing up at the venue. They are trying to order the owners of the home 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 regulation. There is a big distinction…

Nobody is going to tell you that you should not go down to your local red light quarter and get a blowjob from Lily the local crack addict or Jimmy the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We surely know however that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting operation illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other wicked action goes with “the other end”). The state has decided that there is a undeniable government 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 company. The Cherry Pit has since been locked. While counsel for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.