Do We Have A Legal Right To A Gangbang?
The city of Duncanville, Tx which is outscirts of Dallas has been drawn in its own petite Jerry Falwell type holy scripture strip fight with the owners of a privileged “adult club” called “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an expensive Duncanville housing region. The Cherry Pit posts on the web and according to announced reports draws as many as 120 visitors to a weekend social gathering.
The Cherry Pit has been throwing college gangbang party where guests pay a fee for entry and are allowed engage in mosly 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 entrance money is to cover the cost of food, beverages etc and not a cost for the privilege 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 charge they will even “bring out the gimp“….(just joking)
The whole deal started backin October of 2007 when after several years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the subsequent order:
“the function and maintenance of a adult to be unlawful and a public nuisance. Violation of the new ordinance can effect in a fine of up to $2,500.”
The city of Duncanville then decided that the gatherings at the Cherry Pit were more than simply a gathering of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented commerce and subject to the regulation. The answer of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not know what their meaning of a business is, but to my understanding a business is public – anyone can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a grill and asked everybody to pitch in $10 or bring a dish? That is precisely what we do. The only requirement to get into my house 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 understood that the order is a excuse to harass their lifestyles and values and that the order regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my private dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The owners of the Cherry Pit then counter sued the city claiming the ordinance banning adult 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 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 legal advisor, Ed Klain, said the city is trying to regulate private acts in a private home using the public irritation law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal squabbling has taken place… Just today the City of Duncanville broadened the regulation meant to lock the club down by making the explanation of a sex club more general and add a local appeal procedure for sex clubs that the city orders to shut down.
***October 29, 2008 A jury found the founders of the Cherry Pit guilty of illegitimately operating a sexually oriented business.
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 not do heroin in the isolation 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 Texas married women looking for men showing up at the house. They are trying to regulate the owners of the place in allowing 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 state regulation. There is a huge distinction…
No one is going to tell you that you can not go down to your neighborhood red light district and get a BJ from Lily the local crack addict or Larry the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some entertainment. We surely are aware of however that the act of handing over a dollar in exchange for the blowjob makes the otherwise agreeable operation 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 whatsoever other nasty action goes with “the other end”). The state has decided that there is a compelling government awareness 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 commerce. The Cherry Pit has since been closed. While advice for the owners stated that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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