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The town of Duncanville, Tx which is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip clash with the founders of a secluded “swingers club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville residential area. The Cherry Pit publishes on the internet and according to announced news draws as many as 100 members to a weekend gathering.

The Cherry Pit has been throwing gangbang partys where guests pay a fee for entrance and are allowed get involved in almost any type of sexualgroup sex actions they want on the location. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the expence of foodstuff, 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 fee they will even “bring out the gimp“….(just kidding)

This whole bru ha ha started earlierin December of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the next ordinance:

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

The city of Duncanville then decided that the events at the Cherry Pit were more than just a gathering of “friends and family” looking for some excitement and determined 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 do not recognize what their definition of a commerce is, but to my understanding a business is public – anybody can just walk into it and you have to 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 everyone to pitch in $10 or bring a food? That is precisely what we do. The only requirement to get into my residence 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 understood that the ordinance is a excuse 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 principles 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 after that counter sued the city claiming the regulation banning swingers clubs violates their solitude 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 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 attorney, Edward Klain, 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 today the City of Duncanville broadened the rule designed to lock the club down by making the explanation of a adult club more broad and add a local plea process for couples clubs that the town orders to close.

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

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

You evidently can’t do cocaine in the privacy of your property. 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 Texas TX swingers showing up at the club. They are trying to regulate the hosts of the place in cheering 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 management. There is a vast difference…

No one is going to tell you that you can not go down to your local red light block and get a BJ from Mollie the local crack addict or Jimmy the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting operation 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 whatsoever other wicked doing goes with “the other end”). The jury has decided that there is a compelling state 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 conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.