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The city of Duncanville, Tx which is outscirts of Dallas has been involved in its own little Jerry Falwell manner bible strip fight with the founders of a secret “swingers club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville housing neighborhood. The Cherry Pit promotes on the internet and according to published news invites as many as 100 adults to a weekly social gathering.

The Cherry Pit has been organizing drunk sex orgy swinger party where couples pay a fee for entrance and are able engage in mosly any sort of sex activity they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance fee is to cover the cost of foodstuff, beverages etc and not a cost 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)

The whole bru ha ha happened backin December of 2007 when after several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the next decree:

“the function and maintenance of a adult to be illegal and a public annoyance. Violation of the new order will result in a fine of up to $2,500.”

The city of Duncanville after that decided that the events at the Cherry Pit were more than just a gathering of “friends and family” seeking some excitement and resoluted that it was basically a sexually oriented industry and subject to the ordinance. The reaction of Julie Norris, one of the founders of “The Pit” was as follows:

“I don’t recognize what their meaning of a industry is, but to my understanding a business is public – anybody can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your buddies over for a Party and asked everybody to pitch in $10 or bring a dish? 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 continued to state that she assumed that the ordinance is a guise to assault their lifestyles 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 home and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit then counter sued the city claiming the regulation banning adult clubs violates their seclusion 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 actually no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s legal advisor, Ed Klain, said the city tries to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has remained open while all the official backbiting has taken place… Just today the City of Duncanville broadened the ordinance meant to shut the club down by making the explanation of a adult club more common and add a local plea procedure for couples clubs that the city orders to close.

***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegally 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 heroin in the isolation 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 regulate the hot wives in Texas showing up at the club. They are trying to control the owners of the place 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 state management. There is a huge distinction…

No one is going to advice you that you should not go down to your neighborhood red light area and get a blowjob from Sallie the local crack addict or Larry the cross dressing pimp or even take any of parejas sexo to the Cherry Pit for some fun. We of course know nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting step 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 whatever other nasty stuff goes with “the other end”). The state has decided that there is a forceful government interest 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 advise for the owners declared that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.