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The municipality of Duncanville, Texas which is outscirts of Dallas has been involved in its own petite Jerry Falwell style bible belt conflict with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an upscale Duncanville residential district. The Cherry Pit publishes on the web and according to advertised reports invites as many as 150 swingers to a weekend party.

The Cherry Pit has been holding vip sex parties where couples pay a fee for admission and are allowed engage in almost any kind of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry charge is to cover the cost 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 whispered for an additional service money they would even “bring out the gimp“….(just kidding)

The whole deal happened latein November of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the subsequent regulation:

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

The city of Duncanville after that decided that the events at the Cherry Pit were more than simply a meeting of “friends and family” seeking some enjoyment and resoluted that it was actually a sexually oriented business and subject to the regulation. The reaction of Julie Norris, one of the owners of “The Pit” was the following:

“I do not know what their meaning of a business is, but to my understanding a business is public – anybody can just 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 buddies over for a Party and asked everybody to pitch in $5 or bring a food? That is precisely what we do. The only condition to get into my house 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 understood that the rule is a guise to harass their way of life and values and that the regulation 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 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 ordinance banning adult clubs violates their solitude 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 basically no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s lawer, Ed Klain, said the city tries 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 legal wrangling has taken place… Only now the City of Duncanville broadened the decree intended to lock the club down by making the explanation of a sex club more universal and add a local petition process for adult clubs that the city orders to close.

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

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

You evidently can’t do drugs 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 regulate the seeking an affair in Texas showing up at the house. They are trying to control the owners of the place 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 state control. There is a big dissimilarity…

No one is going to advice you that you can not go down to your local red light area and get a BJ from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of busco pareja swinger to the Cherry Pit for some entertainment. We of course know however that the act of handing over a dollar in exchange 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 nasty stuff goes with “the other end”). The government has decided that there is a forceful government interest 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 commerce. The Cherry Pit has since been locked. While recommendations for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.