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The municipality of Duncanville, Texas that is neighborhood of Dallas has been drawn in its own small Jerry Falwell type holy scripture belt clash with the founders of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an upscale Duncanville suburban district. The Cherry Pit promotes on the internet and according to announced information invites as many as 120 guests to a weekly social gathering.

The Cherry Pit has been organizing gay college sex parties where guests pay a cost for entry and are allowed engage in mosly any kind 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 snacks, beverages etc and not a price for the benefit 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 money they would even “bring out the gimp“….(just kidding)

The whole thing happened backin December of 2007 when after 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 approved the next regulation:

“the function and maintenance of a sex to be against the law and a public irritation. Violation of the new regulation can result in a fine of up to $2,500.”

The city of Duncanville then decided that the events at the Cherry Pit were more than simply a meeting of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented commerce and subject to the ordinance. The reply of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t recognize what their classification of a commerce is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your friends over for a barbecue and asked everybody to pitch in $10 or bring a bowl? That is just what we do. The only condition to get into my residence is that a person 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 rule is a excuse to assault 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 principles into my personal dwelling and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit after that counter sued the city claiming the regulation banning adult clubs violates their solitude 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 scheme in making the right to privacy argument because there is in fact no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s legal advisor, Ed Kline, said the city tries to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the official squabbling has taken place… Just today the City of Duncanville broadened the rule designed to lock the club down by making the classification of a adult club more general and add a local appeal process for couples clubs that the town orders to shut down.

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

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

You evidently can not do heroin in the seclusion 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 trying to regulate the sex dating TX showing up at the club. They are trying to order the founders of the place in encouraging 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 colossal difference…

No one is going to advice you that you can not go down to your local red light quarter and get a blowjob from Sallie the local crack addict or Larry the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise consenting doing illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other nasty doing goes with “the other end”). The state has decided that there is a undeniable state concern to normalize 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 recommendations for the owners declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.