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The city of Duncanville, Tx that is suburb of Dallas has been involved in its own small Jerry Falwell style bible strip combat with the founders of a privileged ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an fashionable Duncanville residential region. The Cherry Pit posts on the internet and according to published news invites as many as 140 adults to a weekly social gathering.

The Cherry Pit has been organizing adult sex club where visitors pay a charge for admission and could engage in almost any kind of sexualgroup sex deeds they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the price of snacks, soft drinks etc and not a charge 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 additional service charge they will even “bring out the gimp“….(just a joke)

This whole deal started backin October of 2006 when after several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the following regulation:

“the function and maintenance of a swinger to be illegal and a public nuisance. Violation of the new order will outcome in a fine of up to $3,000.”

The city of Duncanville then decided that the events at the Cherry Pit were more than simply a party of “friends and family” looking for some excitement and determined that it was Really a sexually oriented commerce and subject to the law. The reaction of Julie Norris, one of the founders of “The Pit” was the following:

“I don’t comprehend what their classification of a industry 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 allow donations. Have you ever had your buddies over for a booze and asked everyone to pitch in $5 or bring a food? That is precisely what we do. The only requirement to get into my home is that a person 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 rule is a excuse to assault their way of life 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 ethics into my private home 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 swingers clubs violates their seclusion 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 manner 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 representative, Ed Klein, said the city is trying to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has remained open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the decree meant to lock the club down by making the definition of a swinger club more broad and add a local plea process for couples clubs that the town orders to close.

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

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

You evidently can’t do drugs in the privacy of your dwelling. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT trying to order the Texas swinger personals meeting showing up at the place. They are attempting to order 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 government management. There is a big difference…

No one is going to tell you that you cant go down to your neighborhood red light area and get a BJ from Lily the local crack addict or Jimmy the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some fun. We surely know however that the act of handing over a dollar in exchange 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 whatsoever other nasty stuff goes with “the other end”). The jury has decided that there is a compelling government awareness 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 industry. The Cherry Pit has since been shut down. While advice for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.