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The city of Duncanville, Tx which is outscirts of Dallas has been involved in its own petite Jerry Falwell manner bible strip combat with the owners of a privileged “adult club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville housing community. The Cherry Pit advertises on the internet and according to published reports draws as many as 160 visitors to a weekly gathering.

The Cherry Pit has been throwing college gangbang party where visitors pay a charge for entry and are allowed get involved in almost any sort of sexualgroup sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry fee is to cover the expence of foodstuff, soft drinks etc and not a cost for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an extra service charge they will even “bring out the gimp“….(just kidding)

This whole bru ha ha started latein November of 2006 when after few years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the next ordinance:

“the operation and maintenance of a club to be unlawful and a public nuisance. Violation of the new order can effect in a fine of up to $2,500.”

The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a party of “friends and family” looking for some fun and determined that it was in fact a sexually oriented industry and subject to the decree. The respond of Julie Norris, one of the founders of “The Pit” was the following:

“I do not know what their definition of a commerce is, but to my understanding a business is public – anybody can simply walk into it and you must pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a booze and asked everyone to pitch in $10 or bring a bowl? That is exactly what we do. The only requirement 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 rule is a guise to assault their lifestyles and values and that the regulation regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their principles into my own house 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 ordinance banning adult clubs violates their confidentiality 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 really no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s lawer, Edward Klain, said the city tries to regulate private acts in a private house using the public irritation law as a “pretext” to do so….

The Cherry Pitt has remained open while all the official squabbling has taken place… Only now the City of Duncanville broadened the regulation meant to close the club down by making the definition of a swinger club more broad and add a local petition process for sex clubs that the city orders to shut down.

***October 29, 2008 A jury found the founders of the Cherry Pit guilty of illegally operating a sexually oriented company.

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

You evidently can not do drugs in the seclusion of your dwelling. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT attempting to order the Texas swinger adult dating showing up at the club. They are trying to regulate the founders of the club 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 regulation. There is a vast dissimilarity…

No one is going to tell you that you can not go down to your local red light area and get a blowjob from Sallie the local crack addict or Bobby the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in trade for the quickie makes the otherwise consenting action illegal prostitution on one end and the illegal operation of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other wicked stuff goes with “the other end”). The state has decided that there is a compelling government 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 business. The Cherry Pit has since been shut down. While warnings for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.