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The municipality of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell type holy scripture belt battle with the owners of a private “adult club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an expensive Duncanville residential community. The Cherry Pit posts on the internet and according to announced information invites as many as 140 swingers to a weekly gathering.

The Cherry Pit has been throwing drunk sex party where visitors pay a charge for entry and could engage in pretty much any sort 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 charge is to cover the cost of snacks, soft drinks etc and not a fee for the benefit 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 money they would even “bring out the gimp“….(just a joke)

The whole thing started earlierin October of 2006 when after few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the subsequent order:

“the operation and maintenance of a club to be illegal and a public annoyance. Violation of the new regulation will result in a fine of up to $3,000.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a gathering of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented commerce and subject to the decree. The reply of Julie Norris, one of the founders of “The Pit” was the following:

“I don’t know what their classification of a industry 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 allow donations. Have you ever had your friends over for a Party and asked everyone to pitch in $10 or bring a plate? That is exactly what we do. The only requirement to get into my house is that anyone 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 regulation is a excuse to harass 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 private home and I am going 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 order banning sex clubs violates their privacy 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 technique in making the right to privacy argument because there is actually 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 dwelling 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… Just now the City of Duncanville broadened the order intended to lock the club down by making the classification of a adult club more broad and add a local petition process for couples clubs that the town orders to shut down.

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

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

You evidently can’t do cocaine in the confidentiality of your house. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT attempting to regulate the swinger personals in Texas showing up at the club. They are attempting to order the hosts of the house in allowing 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 state control. There is a colossal dissimilarity…

Nobody is going to tell you that you cant go down to your neighborhood red light quarter and get a blowjob from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise consenting action illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose doing goes with “the other end”). The jury has decided that there is a forceful state concern to adjust 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 decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.