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The municipality of Duncanville, Texas that is outscirts of Dallas has been drawn in its own little Jerry Falwell manner holy scripture strip combat with the owners of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville housing community. The Cherry Pit promotes on the internet and according to published news invites as many as 100 swingers to a weekly gathering.

The Cherry Pit has been throwing swingers key party where guests pay a charge for entry and are allowed engage in pretty much any sort of sexualgroup sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance price is to cover the price of snacks, beverages etc and not a cost for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an extra service fee they would even “bring out the gimp“….(just joking)

This whole bru ha ha started earlierin December of 2006 when after several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the following ordinance:

“the function and maintenance of a adult to be unlawful and a public annoyance. Violation of the new order will outcome in a fine of up to $2,000.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a meeting of “friends and family” seeking some enjoyment and determined that it was basically a sexually oriented commerce and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was the following:

“I don’t comprehend what their definition of a business 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 donations. Have you ever had your buddies over for a Party and asked everybody to pitch in $5 or bring a plate? That is precisely what we do. The only condition to get into my home is that you call and let me know that you are coming and you are on my reservation list.”

Ms Norris continued to state that she believed that the decree is a guise to assault 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 morality into my own territory and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit then counter sued the city claiming the order banning sex clubs violates their confidentiality and due process rights. They are mainly 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 lawer, Edward Kline, said the city tries to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the legal squabbling has taken place… Just today the City of Duncanville broadened the rule intended to lock the club down by making the explanation of a adult club more broad and add a local plea process for swinger clubs that the town orders to shut down.

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

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

You evidently can’t do heroin 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 order the swinger personals in Texas showing up at the venue. They are trying to control the founders 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 administration. There is a big 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 Lily the local crack addict or Bobby the cross dressing pimp or even take any of mujeres maduras 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 BJ makes the otherwise agreeable operation 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 disgusting action goes with “the other end”). The jury has decided that there is a compelling 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 closed. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.