Do We Have A Legitimate Right To A Gangbang?
The town of Duncanville, Texas which is suburb of Dallas has been drawn in its own little Jerry Falwell manner holy scripture strip conflict with the owners of a privileged ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville residential community. The Cherry Pit posts on the internet and according to advertised reports invites as many as 100 swingers to a weekly social gathering.
The Cherry Pit has been holding gangbangs parties where guests pay a cost for admission and are able engage in mosly any sort 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 entrance charge is to cover the cost of snacks, 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 could even “bring out the gimp“….(just joking)
This whole thing happened latein November of 2006 when after few years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following order:
“the function and maintenance of a club to be against the law and a public irritation. Violation of the new regulation will result in a fine of up to $2,000.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than simply a meeting of “friends and family” seeking some enjoyment and determined that it was Really a sexually oriented industry and subject to the decree. The response of Julie Norris, one of the founders 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 – anyone 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 grill and asked everybody to pitch in $5 or bring a food? That is exactly what we do. The only requirement to get into my home 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 assumed that the order is a guise to harass their lifestyles 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 afterward counter sued the city claiming the regulation banning adult clubs violates their confidentiality 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 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 lawer, Edward Klain, said the city is trying to regulate private acts in a private house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal wrangling has taken place… Just today the City of Duncanville broadened the rule intended to close the club down by making the definition of a sex club more broad and add a local petition procedure for couples clubs that the town orders to close.
***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegitimately operating a sexually oriented business.
So what you do think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can not do cocaine in the privacy of your house. These things are illegal regardless of where they are engaged in.
Let us as well keep this in mind. Duncanville is NOT attempting to regulate the sex meeting Texas showing up at the venue. They are trying to order the owners of the club in cheering 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 colossal dissimilarity…
No one is going to tell you that you should not go down to your neighborhood red light district and get a blowjob from Mollie the local crack addict or Mikey the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some fun. We of course know however that the act of handing over a dollar in exchange for the quickie 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 whatsoever other grose stuff goes with “the other end”). The jury has decided that there is a undeniable government interest 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 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.
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