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The town of Duncanville, Tx that is outscirts of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip combat with the founders of a privileged ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville housing area. The Cherry Pit announces on the internet and according to published reports invites as many as 130 guests to a weekend social gathering.

The Cherry Pit has been throwing group sex party where guests pay a cost for entry and can engage in mosly any sort of sexualgroup sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entrance charge is to cover the expence of food, soft drinks etc and not a price for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an additional service fee they could even “bring out the gimp“….(just kidding)

This whole thing started latein December of 2006 when past several years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the next regulation:

“the operation and maintenance of a club to be against the law and a public annoyance. Violation of the new decree can outcome in a fine of up to $3,000.”

The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a meeting of “friends and family” looking for some excitement and determined that it was actually a sexually oriented business and subject to the law. The answer of Julie Norris, one of the owners 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 – anybody can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a grill and asked everyone to pitch in $10 or bring a plate? That is precisely 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 order is a excuse to harass 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 principles into my private home and I have 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 decree banning sex clubs violates their solitude 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 method 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 attorney, 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 remained open while all the official wrangling has taken place… Just today the City of Duncanville broadened the ordinance designed to shut the club down by making the explanation of a swinger club more common and add a local petition process for couples clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of illegitimately 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 evidently can not do heroin in the privacy of your home. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT attempting to order the sex meeting Texas showing up at the club. They are attempting to regulate the hosts of the club in allowing 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 state administration. There is a huge difference…

No one is going to advice you that you can not go down to your neighborhood red light block and get a BJ from Lily the local crack addict or Jimmy the cross dressing pimp or even take any of busco compañero to the Cherry Pit for some fun. We surely are aware of nonetheless that the act of handing over a dollar in trade for the quickie 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 occurs (in addition to whatever other nasty doing goes with “the other end”). The government has decided that there is a forceful government awareness 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 industry. The Cherry Pit has since been locked. While recommendations for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.