Do You Have A Constitutional Right To A Swing Party?
The city of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own small Jerry Falwell manner holy scripture belt conflict with the founders of a privileged “swingers club” named “The Cherry Pit“. The Cherry Pit is a private manor tucked in away in an fashionable Duncanville housing neighborhood. The Cherry Pit publishes on the web and according to announced reports draws as many as 120 visitors to a weekend party.
The Cherry Pit has been throwing swapping parties where couples pay a fee for admission and could get involved in almost any kind of sexualgroup sex activity 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 foodstuff, soft drinks etc and not a charge 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 could even “bring out the gimp“….(just a joke)
This whole deal happened backin November of 2007 when after few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the next decree:
“the operation and maintenance of a sex to be illegal and a public nuisance. Violation of the new regulation will outcome in a fine of up to $2,000.”
The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and determined that it was in fact a sexually oriented commerce and subject to the regulation. The response of Julie Norris, one of the founders of “The Pit” was as follows:
“I do not recognize what their classification of a business is, but to my understanding a business is public – anyone can just walk into it and you must pay to get in and we are none of that,” Norris said. “I accept contributions. Have you ever had your buddies over for a booze and asked everybody to pitch in $10 or bring a food? That is just 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 decree 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 morality into my own dwelling and I am going 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 ordinance banning swingers 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 scheme 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 attorney, Edward Klein, said the city is trying to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal backbiting has taken place… Just today the City of Duncanville broadened the regulation meant to close the club down by making the definition of a sex club more universal and add a local plea process for swinger clubs that the town orders to shut down.
***October 29, 2008 A jury found the owners of the Cherry Pit accountable of unlawfully operating a sexually oriented industry.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the authorities getting its’ rocks off?
You obviously can’t do heroin in the confidentiality of your apartment. 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 mature older swingers showing up at the place. They are trying to control the hosts 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 government management. There is a vast distinction…
No one is going to advice you that you cant go down to your local red light district and get a BJ from Sallie the local crack addict or Bobby the cross dressing pimp or even take any of casadas buscando to the Cherry Pit for some entertainment. We of course know however that the act of handing over a dollar in exchange for the blowjob makes the otherwise consenting operation illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other nasty action goes with “the other end”). The jury has decided that there is a compelling government concern 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 locked. While recommendations for the owners declared that the verdict would be appealed and the statute challenged, it is vague if either of those was ever pursued.
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