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The city of Duncanville, Texas which is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture belt battle with the founders of a secret “adult club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an expensive Duncanville suburban region. The Cherry Pit publishes on the internet and according to published reports draws as many as 150 members to a weekly social gathering.

The Cherry Pit has been holding swingers club parties where visitors pay a cost for admission and are able get involved in pretty much any kind of sex deeds they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance charge is to cover the price of snacks, drinks etc and not a fee for the privilege 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 money they could even “bring out the gimp“….(just kidding)

This whole deal happened earlierin December of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the subsequent ordinance:

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

The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a party of “friends and family” seeking some enjoyment and resoluted that it was Really a sexually oriented industry and subject to the law. The answer of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t recognize what their meaning of a business is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a grill and asked everybody to pitch in $10 or bring a plate? That is just 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 went on to state that she understood that the order is a guise to attack their lifestyles and values and that the regulation 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 owners of the Cherry Pit subsequently counter sued the city claiming the ordinance banning adult clubs violates their seclusion 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 actually no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s attorney, Ed Kline, said the city tries to regulate private acts in a private house using the public irritation law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the official squabbling has taken place… Only now the City of Duncanville broadened the ordinance meant to shut the club down by making the classification of a sex club more common and add a local plea process for sex clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of illegitimately operating a sexually oriented industry.

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

You evidently can’t do heroin in the confidentiality 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 control the nude women Texas showing up at the venue. They are attempting to regulate the owners of the home 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 punishment. There is a colossal difference…

No one is going to tell you that you can not go down to your neighborhood red light district and get a blowjob from Sallie the local crack addict or Johnny the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some fun. We of course know however that the act of handing over a dollar in trade for the BJ makes the otherwise consenting doing illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other disgusting action goes with “the other end”). The government has decided that there is a undeniable government concern to control 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 closed. While recommendations for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.