Is There A Constitutional Right To A Swing Party?
The municipality of Duncanville, Tx that is suburb of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip clash with the founders of a secluded “swingers club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville housing region. The Cherry Pit announces on the web and according to published reports draws as many as 140 swingers to a weekly gathering.
The Cherry Pit has been throwing swingers adult party where couples pay a charge for entry and can get involved in almost any type of sexualgroup sex activity they want on the site. It is the position of the owners that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, soft 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 rumored for an additional service fee they will even “bring out the gimp“….(just joking)
This whole thing started backin October of 2006 when after few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the next regulation:
“the operation and maintenance of a sex to be unlawful and a public nuisance. Violation of the new ordinance 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 just a gathering of “friends and family” seeking some excitement and resoluted that it was actually a sexually oriented commerce and subject to the regulation. The respond of Julie Norris, one of the owners of “The Pit” was the following:
“I do not know what their classification of a commerce 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 gifts. Have you ever had your buddies over for a barbecue and asked everybody to pitch in $5 or bring a food? That is exactly 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 decree is a excuse 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 ethics into my private house and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit afterward counter sued the city claiming the regulation banning sex 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 manner 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, Ed Klein, said the city tries to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal backbiting has taken place… Only now the City of Duncanville broadened the regulation meant to lock the club down by making the classification of a swinger club more broad and add a local petition procedure for couples clubs that the city orders to close.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit accountable of illegitimately operating a sexually oriented business.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can not do cocaine in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to order the adult dating in Texas showing up at the venue. They are trying to control the founders of the place 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 punishment. There is a colossal difference…
No one is going to advice you that you cant go down to your neighborhood red light block and get a BJ from Mollie the local crack addict or Mikey the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable step illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other wicked doing goes with “the other end”). The jury has decided that there is a undeniable government 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 company. The Cherry Pit has since been locked. While advice for the owners stated that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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