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The municipality of Duncanville, Texas which is neighborhood of Dallas has been drawn in its own little Jerry Falwell manner bible belt conflict with the owners of a secluded ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an fashionable Duncanville residential district. The Cherry Pit publishes on the web and according to announced news invites as many as 160 swingers to a weekend party.

The Cherry Pit has been throwing swingers adult party where guests pay a charge for entrance and could engage in almost any type of sexualgroup sex activity they want on the site. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the cost of foodstuff, beverages 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 whispered for an extra service money they would even “bring out the gimp“….(just kidding)

The entire deal started backin November of 2007 when past few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the district, the City of Duncanville approved the following regulation:

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

The city of Duncanville then decided that the events at the Cherry Pit were more than just a meeting of “friends and family” looking for some fun and determined that it was in fact a sexually oriented business and subject to the ordinance. The respond of Julie Norris, one of the owners of “The Pit” was as follows:

“I don’t know what their meaning of a commerce is, but to my understanding a business is public – anybody can just walk into it and you must 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 everyone to pitch in $5 or bring a bowl? That is just what we do. The only requirement to get into my home 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 harass their lifestyles and values and that the ordinance 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 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 confidentiality 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 home using the public irritation law as a “pretext” to do so….

The Cherry Pitt has remained open while all the legal squabbling has taken place… Just now the City of Duncanville broadened the order designed to close the club down by making the classification of a swinger club more general and add a local plea process for swinger clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the owners of the Cherry Pit responsible 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 authorities getting its’ rocks off?

You evidently can’t do drugs in the privacy of your property. 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 hot wives in TX showing up at the venue. They are trying to regulate the owners of the club 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 management. There is a colossal difference…

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 Johnny the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some entertainment. We of course are aware of however 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 action of soliciting a prostitute on the other end no matter where it occurs (in addition to whatsoever other wicked action goes with “the other end”). The state has decided that there is a undeniable state 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 locked. While advise for the owners stated that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.