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The municipality of Duncanville, Texas which is outscirts of Dallas has been drawn in its own little Jerry Falwell manner bible belt combat with the founders of a private “adult club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville housing area. The Cherry Pit posts on the web and according to advertised news invites as many as 100 adults to a weekend party.

The Cherry Pit has been throwing private swingers party where couples pay a fee for entry and are allowed get involved in mosly any kind of sex actions they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the cost of foodstuff, beverages etc and not a price for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an extra service charge they will even “bring out the gimp“….(just kidding)

The entire deal happened earlierin December of 2006 when after few years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville approved the following order:

“the function and maintenance of a adult to be illegal and a public irritation. Violation of the new ordinance can outcome in a fine of up to $2,000.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a gathering of “friends and family” looking for some excitement and resoluted that it was actually a sexually oriented business and subject to the regulation. The answer of Julie Norris, one of the owners 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 – anyone can just walk into it and you must pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your friends over for a Party and asked everyone to pitch in $5 or bring a food? That is exactly what we do. The only condition to get into my house is that anyone 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 guise to harass their way of life 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 morality into my personal territory and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit subsequently counter sued the city claiming the decree banning adult clubs violates their privacy 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 in fact no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s lawer, Ed 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 remained open while all the official wrangling has taken place… Just today the City of Duncanville broadened the ordinance meant to lock the club down by making the classification of a adult club more common and add a local plea process for couples clubs that the city orders to shut down.

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

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’t do cocaine in the privacy of your house. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT trying to control the mature older swingers showing up at the venue. They are attempting to control the founders of the house 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 government regulation. There is a vast distinction…

No one is going to tell you that you cant go down to your neighborhood red light area and get a blowjob 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 surely are aware of nonetheless that the act of handing over a dollar in exchange for the BJ makes the otherwise agreeable act 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 disgusting stuff goes with “the other end”). The jury has decided that there is a undeniable state 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 industry. The Cherry Pit has since been locked. While warnings for the owners stated that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.