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The city of Duncanville, Tx which is suburb of Dallas has been drawn in its own petite Jerry Falwell style bible strip combat with the founders of a secret “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville residential district. The Cherry Pit posts on the internet and according to advertised news draws as many as 120 swingers to a weekly gathering.

The Cherry Pit has been holding private sex party where guests pay a cost for entry and are allowed get involved in almost any sort of sexualgroup sex actions 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 foodstuff, drinks etc and not a fee for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service money they will even “bring out the gimp“….(just a joke)

The entire deal started earlierin October of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the next ordinance:

“the function and maintenance of a adult to be against the law and a public nuisance. Violation of the new ordinance can outcome in a fine of up to $3,000.”

The city of Duncanville after that decided that the parties at the Cherry Pit were more than just a party of “friends and family” looking for some fun and resoluted that it was Really a sexually oriented business and subject to the decree. The reply 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 simply walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a booze and asked everyone to pitch in $10 or bring a dish? That is precisely what we do. The only requirement to get into my residence 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 regulation is a excuse to attack their way of life and beliefs and that the decree regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their ethics into my personal territory and I have to stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit afterward counter sued the city claiming the decree banning sex 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 manner 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 lawer, Ed Kline, 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 stayed open while all the official backbiting has taken place… Only now the City of Duncanville broadened the order designed to close the club down by making the classification of a sex club more broad and add a local plea process for couples clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit responsible of illegally operating a sexually oriented industry.

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

You obviously can not do cocaine in the isolation of your house. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT attempting to regulate the Texas swinger adult dating showing up at the place. 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 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 punishment. There is a big difference…

Nobody is going to tell you that you can not go down to your neighborhood red light block and get a blowjob from Lily the local crack addict or Johnny the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We surely know nonetheless 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 operation 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 compelling state 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 commerce. The Cherry Pit has since been closed. While advise for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.