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The city of Duncanville, Texas that is neighborhood of Dallas has been drawn in its own petite Jerry Falwell manner bible strip clash with the owners of a private “swingers club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville suburban region. The Cherry Pit advertises on the internet and according to advertised reports draws as many as 140 visitors to a weekend party.

The Cherry Pit has been organizing group sex party where visitors pay a fee for entrance and can engage in almost any sort of sexualgroup sex actions they want on the location. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the price of snacks, beverages 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 money they will even “bring out the gimp“….(just joking)

This whole thing happened earlierin October of 2007 when after several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the following decree:

“the function and maintenance of a club to be illegal and a public irritation. Violation of the new order will result in a fine of up to $2,000.”

The city of Duncanville then decided that the events at the Cherry Pit were more than simply a gathering of “friends and family” looking for some enjoyment and determined that it was Really a sexually oriented commerce and subject to the law. The reply of Julie Norris, one of the owners 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 just walk into it and you must pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your buddies over for a grill and asked everybody to pitch in $5 or bring a dish? That is precisely what we do. The only condition to get into my residence is that a person 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 regulation is a excuse to assault their way of life and values and that the ordinance regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their principles into my own dwelling and I will 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 swingers clubs violates their privacy 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 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 legal advisor, Edward 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 stayed open while all the official squabbling has taken place… Just today the City of Duncanville broadened the regulation intended to close the club down by making the classification of a adult club more universal and add a local petition process for adult clubs that the city orders to close.

***October 29, 2008 A jury found the organizers of the Cherry Pit accountable of illegally 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’t do drugs in the isolation of your home. 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 swinger personals in Texas showing up at the place. They are attempting to control the owners of the house 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 administration. There is a vast distinction…

Nobody is going to advice you that you can not go down to your neighborhood red light district and get a blowjob from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We of course are aware of however that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting action illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose stuff goes with “the other end”). The state has decided that there is a compelling state awareness 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 business. The Cherry Pit has since been closed. While advice for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.