Is There A Constitutional Right To A Gangbang?
The town of Duncanville, Texas that is suburb of Dallas has been drawn in its own little Jerry Falwell type bible strip conflict with the founders of a secret ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville residential area. The Cherry Pit publishes on the internet and according to published information draws as many as 150 members to a weekly social gathering.
The Cherry Pit has been throwing gangbang parties where visitors pay a fee for entry and are allowed engage in almost any sort of sexualgroup sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the expence of food, drinks etc and not a fee for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an extra service fee they could even “bring out the gimp“….(just joking)
The whole bru ha ha happened latein October of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the next ordinance:
“the function and maintenance of a sex to be unlawful and a public annoyance. Violation of the new order will result in a fine of up to $3,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a party of “friends and family” seeking some excitement and resoluted that it was actually a sexually oriented industry and subject to the decree. The response of Julie Norris, one of the owners of “The Pit” was the following:
“I do not know what their definition 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 friends over for a barbecue and asked everyone to pitch in $5 or bring a bowl? That is exactly what we do. The only requirement to get into my house is that a person 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 ordinance is a guise to assault their lifestyles and values and that the decree regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my personal house and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit subsequently 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 technique in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal advisor, Edward Kline, said the city is trying to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the rule intended to close the club down by making the definition of a adult club more general and add a local appeal procedure for couples clubs that the city orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit guilty of illegally operating a sexually oriented industry.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the government getting its’ rocks off?
You evidently can not do drugs 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 trying to control the swingers in TX showing up at the club. They are attempting to regulate the owners of the place in allowing 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 government administration. There is a big distinction…
Nobody is going to advice you that you cant go down to your neighborhood red light quarter and get a blowjob from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable 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 wicked action goes with “the other end”). The state has decided that there is a forceful 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 commerce. The Cherry Pit has since been closed. While advise for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.