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The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own petite Jerry Falwell manner bible belt conflict with the founders of a privileged “adult club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an expensive Duncanville residential region. The Cherry Pit advertises on the web and according to announced information invites as many as 100 members to a weekly party.

The Cherry Pit has been holding lifestyles party where couples pay a charge for entrance and could engage in almost any type of sexualgroup sex actions they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the price of foodstuff, beverages etc and not a charge 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 additional service money they would even “bring out the gimp“….(just a joke)

The entire bru ha ha started earlierin November of 2006 when past several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the following decree:

“the operation and maintenance of a swinger to be against the law and a public nuisance. Violation of the new regulation will effect 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 party of “friends and family” looking for some fun and determined that it was in fact a sexually oriented business and subject to the law. The response of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t recognize what their classification of a business is, but to my understanding a business is public – anybody can simply 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 friends over for a barbecue and asked everyone 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 assumed that the ordinance is a excuse to attack their lifestyles and values 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 personal home and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit after that counter sued the city claiming the regulation banning swingers 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 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 Klein, said the city is trying 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 official backbiting has taken place… Only now the City of Duncanville broadened the order meant to shut the club down by making the explanation of a sex club more broad and add a local plea procedure for couples clubs that the town orders to shut down.

***October 29, 2008 A jury found the organizers of the Cherry Pit accountable of illegitimately operating a sexually oriented company.

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

You evidently can not do drugs in the privacy of your home. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT trying to regulate the hot wives in Texas showing up at the house. They are attempting to regulate the owners of the home 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 government regulation. There is a colossal distinction…

Nobody is going to tell you that you should not go down to your local red light block and get a blowjob from Kathie the local crack addict or Jimmy the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some fun. We surely are aware of nonetheless 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 operation 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 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 business. The Cherry Pit has since been shut down. While counsel for the owners declared that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.