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The municipality of Duncanville, Tx which is outscirts of Dallas has been involved in its own little Jerry Falwell style bible strip conflict with the owners of a secret “adult club” called “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville housing area. The Cherry Pit publishes on the web and according to published news invites as many as 140 visitors to a weekly social gathering.

The Cherry Pit has been holding swinger orgy parties where visitors pay a charge for entry and are able get involved in pretty much any kind of sexualgroup sex actions they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the expence of foodstuff, drinks etc and not a price for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service fee they will even “bring out the gimp“….(just joking)

The entire bru ha ha happened earlierin November of 2007 when past few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next regulation:

“the function and maintenance of a adult to be illegal and a public nuisance. Violation of the new ordinance will 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 enjoyment and resoluted that it was actually a sexually oriented business and subject to the regulation. The answer of Julie Norris, one of the owners of “The Pit” was as follows:

“I do not comprehend what their definition of a commerce is, but to my understanding a business is public – anyone can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a grill and asked everyone to pitch in $10 or bring a dish? That is exactly what we do. The only requirement 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 believed that the regulation is a guise to attack their way of life and beliefs and that the order regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their morality into my private territory and I have to 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 order banning sex clubs violates their confidentiality 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 method 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 representative, 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 remained open while all the official wrangling has taken place… Only now the City of Duncanville broadened the regulation intended to lock the club down by making the explanation of a swinger club more universal and add a local petition process for swinger clubs that the town orders to close.

***October 29, 2008 A jury found the founders of the Cherry Pit responsible of illegitimately operating a sexually oriented industry.

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

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

Let us also keep this in mind. Duncanville is NOT trying to control the sex meeting Texas showing up at the house. They are attempting to regulate the owners of the home 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 management. There is a vast dissimilarity…

Nobody is going to advice you that you should not go down to your local red light quarter and get a BJ from Sallie the local crack addict or Mikey the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise consenting step 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 grose action goes with “the other end”). The government has decided that there is a forceful government interest 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 industry. The Cherry Pit has since been closed. While advice for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.