Is There A Constitutional Right To A Orgy?
The city of Duncanville, Texas that is neighborhood of Dallas has been drawn in its own little Jerry Falwell manner holy scripture belt clash with the founders of a privileged “adult club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an expensive Duncanville suburban community. The Cherry Pit announces on the internet and according to advertised news invites as many as 120 adults to a weekend social gathering.
The Cherry Pit has been throwing group orgy parties where couples pay a charge for entry and are allowed get involved in mosly any sort of sexualgroup sex actions they want on the location. It is the position of the owners that this does not constitute a “business” as the entry charge is to cover the expence of food, soft drinks etc and not a fee 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 money they could even “bring out the gimp“….(just joking)
This whole thing happened latein December of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville passed the next order:
“the function and maintenance of a swinger to be illegal and a public nuisance. Violation of the new order will result in a fine of up to $2,000.”
The city of Duncanville then decided that the parties at the Cherry Pit were more than just a gathering of “friends and family” looking for some enjoyment and determined that it was in fact a sexually oriented business and subject to the decree. The response of Julie Norris, one of the owners of “The Pit” was the following:
“I don’t comprehend what their meaning of a commerce 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 barbecue and asked everybody to pitch in $5 or bring a food? That is just what we do. The only condition to get into my house 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 ordinance is a guise to assault their way of life and values and that the decree regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their morality into my own territory and I have to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit then counter sued the city claiming the decree banning adult clubs violates their solitude and due process rights. They are mostly 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 really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s lawer, Edward Klein, said the city tries to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has remained open while all the legal backbiting has taken place… Only today the City of Duncanville broadened the regulation intended to close the club down by making the classification of a adult club more broad and add a local petition process for adult clubs that the town orders to shut down.
***October 29, 2008 A jury found the organizers of the Cherry Pit guilty of illegitimately operating a sexually oriented company.
So what do you think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can not do heroin in the confidentiality of your property. These things are illegal regardless of where they are engaged in.
Let us also keep this in mind. Duncanville is NOT trying to regulate the seeking an affair in Texas showing up at the venue. They are trying to control the founders of the house 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…
No one is going to advice you that you cant go down to your neighborhood red light block and get a blowjob from Mollie the local crack addict or Jimmy the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable action 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 disgusting doing goes with “the other end”). The government has decided that there is a forceful 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 commerce. The Cherry Pit has since been closed. While advise for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.
Tags: adult clubs, adult party, choice, community, constitutional rights, legal rights, orgy, parties, privacy, swingers, texas