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The town of Duncanville, Tx that is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture belt battle with the founders of a secret “swingers club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville suburban region. The Cherry Pit publishes on the web and according to published news draws as many as 120 swingers to a weekly gathering.

The Cherry Pit has been throwing sex party orgy where visitors pay a charge for entrance and are allowed engage in mosly any kind of sex deeds they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the expence of foodstuff, drinks etc and not a charge for the privilege 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 charge they could even “bring out the gimp“….(just kidding)

The whole bru ha ha happened earlierin December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the next ordinance:

“the operation and maintenance of a swinger to be unlawful and a public annoyance. Violation of the new ordinance can result in a fine of up to $2,500.”

The city of Duncanville then decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” looking for some excitement and determined that it was Really a sexually oriented business and subject to the decree. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t know what their meaning of a business is, but to my understanding a business is public – anyone can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a grill and asked everybody to pitch in $5 or bring a dish? 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 excuse to harass their lifestyles and beliefs and that the ordinance regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their ethics into my private dwelling and I have to 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 ordinance banning sex clubs violates their solitude 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, Edward Klein, said the city is trying to regulate private acts in a private home using the public irritation law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the official squabbling has taken place… Just now the City of Duncanville broadened the regulation intended to shut the club down by making the definition of a sex club more general and add a local petition procedure for adult clubs that the town orders to close.

***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of unlawfully operating a sexually oriented business.

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

You evidently can’t do cocaine in the isolation of your apartment. 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 Texas TX swingers showing up at the club. They are trying to order the founders of the house 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 government regulation. There is a big difference…

No one is going to advice you that you can not go down to your local red light area and get a blowjob from Lily the local crack addict or Larry the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some fun. We of course are aware of nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise agreeable doing illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other disgusting stuff goes with “the other end”). The government has decided that there is a forceful government interest 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 industry. The Cherry Pit has since been closed. While counsel for the owners declared that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.