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The town of Duncanville, Tx which is outscirts of Dallas has been involved in its own small Jerry Falwell style bible strip battle with the owners of a private “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an expensive Duncanville suburban area. The Cherry Pit announces on the web and according to announced reports invites as many as 160 visitors to a weekend party.

The Cherry Pit has been throwing swingers party sex where couples pay a fee for entrance and are allowed get involved in mosly any sort of sex activity they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the price of snacks, drinks etc and not a price for the benefit 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 would even “bring out the gimp“….(just a joke)

The whole bru ha ha started backin November of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the next regulation:

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

The city of Duncanville then decided that the parties at the Cherry Pit were more than simply a meeting of “friends and family” looking for some enjoyment and determined that it was actually a sexually oriented commerce and subject to the decree. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:

“I don’t know what their classification of a business 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 contributions. Have you ever had your buddies over for a Party and asked everyone to pitch in $5 or bring a food? That is exactly what we do. The only requirement to get into my house is that you 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 decree is a excuse to assault 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 morality into my own house 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 regulation banning adult clubs violates their seclusion and due process rights. They are mainly 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 legal advisor, Ed Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the official wrangling has taken place… Only today the City of Duncanville broadened the order designed to lock the club down by making the explanation of a sex club more broad and add a local plea procedure for adult clubs that the town orders to close.

***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 government getting its’ rocks off?

You obviously can not do cocaine in the confidentiality 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 order the Texas married women looking for men showing up at the house. They are trying to regulate the founders 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 government regulation. There is a big dissimilarity…

No one is going to tell you that you can not go down to your neighborhood red light quarter and get a BJ from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of swinger parejas to the Cherry Pit for some fun. We surely know however that the act of handing over a dollar in trade for the BJ makes the otherwise consenting action illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatever other grose stuff goes with “the other end”). The state has decided that there is a forceful government awareness 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 locked. While recommendations for the owners stated that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.