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The town of Duncanville, Tx which is neighborhood of Dallas has been involved in its own small Jerry Falwell type bible strip battle with the founders of a private ”adult party club” called “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban region. The Cherry Pit advertises on the web and according to advertised information invites as many as 120 adults to a weekly social gathering.

The Cherry Pit has been throwing gangbang parties where visitors pay a charge for entry and are able get involved in pretty much any type of sex activity 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 food, drinks etc and not a charge for the privilege 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 charge they could even “bring out the gimp“….(just a joke)

The whole thing started latein October of 2006 when past few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following regulation:

“the operation and maintenance of a sex to be illegal and a public annoyance. Violation of the new decree can outcome in a fine of up to $2,500.”

The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a meeting of “friends and family” seeking some enjoyment and determined that it was actually a sexually oriented commerce and subject to the regulation. The respond of Julie Norris, one of the founders of “The Pit” was the following:

“I don’t know what their meaning of a industry is, but to my understanding a business is public – anyone can just walk into it and you should pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a grill and asked everyone to pitch in $5 or bring a bowl? That is precisely what we do. The only requirement to get into my home is that anyone call and let me know that you are coming and you are on my reservation list.”

Ms Norris went on to state that she assumed that the ordinance is a excuse to harass their way of life and values and that the rule regulating the club violated their First Amendment Rights to Privacy.

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

The founders of the Cherry Pit after that counter sued the city claiming the decree banning adult clubs violates their solitude 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 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 today the City of Duncanville broadened the decree meant to close the club down by making the definition of a adult club more general and add a local plea process for couples clubs that the city orders to close.

***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegitimately operating a sexually oriented business.

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

You evidently can not do heroin in the seclusion of your house. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT trying to control the TX adult dating showing up at the house. They are attempting to order the founders of the house 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 government control. There is a big dissimilarity…

Nobody is going to advice you that you should not go down to your neighborhood red light block and get a BJ from Mollie the local crack addict or Mikey the cross dressing pimp or even take any of grupos swingers to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in trade for the quickie 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 occurs (in addition to whatsoever other nasty doing goes with “the other end”). The jury has decided that there is a compelling government concern to adjust 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 shut down. While warnings for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.