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The municipality of Duncanville, Tx that is outscirts of Dallas has been drawn in its own petite Jerry Falwell type bible strip conflict with the owners of a secluded ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville residential region. The Cherry Pit posts on the web and according to published information invites as many as 100 adults to a weekend social gathering.

The Cherry Pit has been holding private lesbian parties where visitors pay a cost for admission and could engage in pretty much any kind of sexualgroup sex deeds they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the price of snacks, drinks etc and not a fee for the opportunity 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 money they will even “bring out the gimp“….(just joking)

The whole deal happened backin October of 2006 when past some years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next ordinance:

“the operation and maintenance of a swinger to be unlawful and a public irritation. Violation of the new order can effect in a fine of up to $3,000.”

The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a party of “friends and family” seeking some excitement and resoluted that it was in fact a sexually oriented business and subject to the decree. The reply of Julie Norris, one of the founders of “The Pit” was as follows:

“I do not comprehend what their meaning of a business is, but to my understanding a business is public – anybody can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your friends over for a booze and asked everybody to pitch in $5 or bring a bowl? That is just what we do. The only condition to get into my home 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 order is a excuse to attack their way of life and values and that the decree 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 sex clubs violates their solitude and due process rights. They are basically 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 basically no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s legal advisor, Edward 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 squabbling has taken place… Just today the City of Duncanville broadened the rule meant to close the club down by making the explanation of a swinger club more universal and add a local appeal procedure for adult clubs that the town orders to close.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of unlawfully operating a sexually oriented industry.

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

You evidently can’t do cocaine in the isolation of your dwelling. 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 meeting Texas showing up at the club. They are attempting to control the hosts of the club 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 huge difference…

Nobody is going to advice you that you can not go down to your neighborhood red light quarter and get a BJ from Lily the local crack addict or Eddie the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in exchange for the blowjob 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 whatsoever other wicked stuff goes with “the other end”). The state has decided that there is a compelling state concern to regulate 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 closed. While advise for the owners declared that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.