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The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own little Jerry Falwell style holy scripture belt fight with the owners of a secret ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an upscale Duncanville residential area. The Cherry Pit publishes on the web and according to advertised reports invites as many as 100 guests to a weekend party.

The Cherry Pit has been throwing swingers orgy parties where couples pay a charge for admission and can get involved in pretty much any type of sex actions they want on the location. It is the position of the owners that this does not constitute a “business” as the entry fee is to cover the expence of snacks, 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 said for an extra service charge they will even “bring out the gimp“….(just joking)

The entire thing started latein December of 2006 when past some years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the next regulation:

“the operation and maintenance of a sex to be against the law and a public annoyance. Violation of the new ordinance will effect in a fine of up to $2,500.”

The city of Duncanville after that decided that the events at the Cherry Pit were more than just a meeting of “friends and family” seeking some enjoyment and determined that it was Really a sexually oriented business and subject to the decree. The answer of Julie Norris, one of the owners of “The Pit” was the following:

“I don’t know 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 accept contributions. Have you ever had your buddies over for a Party and asked everybody to pitch in $5 or bring a plate? That is exactly what we do. The only requirement to get into my residence 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 believed that the order is a guise to assault 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 ethics into my personal house and I am going to 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 ordinance banning adult clubs violates their privacy 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 in fact no right to personal privacy spelled out in the Constitution.

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

The Cherry Pitt has stayed open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the order designed to shut the club down by making the explanation of a adult club more universal and add a local appeal process for swinger clubs that the town orders to shut down.

***October 29, 2008 A jury found the owners of the Cherry Pit responsible of unlawfully operating a sexually oriented company.

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

You evidently can not do cocaine in the isolation 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 adult friend finder Texas showing up at the venue. They are trying to control the owners 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 state punishment. There is a vast difference…

Nobody is going to tell you that you can not go down to your local red light area and get a BJ from Mollie the local crack addict or Billy the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in exchange for the quickie makes the otherwise consenting act 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 grose action goes with “the other end”). The government has decided that there is a forceful government interest to normalize 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 shut down. While warnings for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.