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The town of Duncanville, Tx that is neighborhood of Dallas has been involved in its own petite Jerry Falwell type holy scripture belt combat with the owners of a secret “adult club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an expensive Duncanville residential neighborhood. The Cherry Pit publishes on the internet and according to announced reports draws as many as 150 members to a weekly social gathering.

The Cherry Pit has been holding drunk parties where guests pay a fee for entrance and can get involved in mosly any kind of sexualgroup sex actions they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance fee is to cover the cost of snacks, soft drinks etc and not a fee for the benefit 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 would even “bring out the gimp“….(just kidding)

This whole thing happened latein November of 2006 when after few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the next order:

“the function and maintenance of a swinger to be against the law and a public nuisance. Violation of the new decree can outcome in a fine of up to $2,500.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a party of “friends and family” looking for some enjoyment and determined that it was basically a sexually oriented business and subject to the decree. The response of Julie Norris, one of the owners of “The Pit” was as follows:

“I do not recognize what their meaning of a business is, but to my understanding a business is public – anybody can just walk into it and you must pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a booze and asked everyone to pitch in $10 or bring a dish? That is just what we do. The only condition 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 understood that the ordinance is a excuse to assault their lifestyles and beliefs and that the ordinance 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 am going to stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit afterward counter sued the city claiming the decree 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 manner in making the right to privacy argument because there is actually no right to personal privacy spelled out in the Constitution.

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

The Cherry Pitt has stayed open while all the legal squabbling has taken place… Just now the City of Duncanville broadened the order intended to lock the club down by making the explanation of a sex 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 company.

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

You obviously can not do cocaine 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 TX swingers showing up at the venue. They are attempting to regulate the hosts of the home 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 control. There is a colossal dissimilarity…

Nobody is going to tell you that you should not go down to your local red light block and get a BJ from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of busco pareja swinger to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise consenting operation 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 disgusting doing goes with “the other end”). The state has decided that there is a forceful state 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 locked. While advice for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.