Is There A Constitutional Right To A Gangbang?
The city of Duncanville, Tx which is neighborhood of Dallas has been drawn in its own little Jerry Falwell manner holy scripture strip clash with the owners of a secret “swingers club” called “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville suburban community. The Cherry Pit advertises on the web and according to published reports draws as many as 100 visitors to a weekend social gathering.
The Cherry Pit has been throwing sex orgy swinger party where visitors pay a charge for admission and are able engage in almost any type of sex actions they want on the site. It is the position of the hosts that this does not constitute a “business” as the entrance charge is to cover the cost of snacks, drinks etc and not a charge for the opportunity 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 fee they would even “bring out the gimp“….(just a joke)
This whole thing started latein December of 2006 when past some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the subsequent regulation:
“the operation and maintenance of a sex to be illegal and a public annoyance. Violation of the new order will result 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 party of “friends and family” looking for some excitement and determined that it was Really 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 classification of a commerce is, but to my understanding a business is public – anyone can simply walk into it and you have to pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a barbecue and asked everybody to pitch in $10 or bring a plate? That is exactly what we do. The only condition to get into my residence is that a person call and let me know that you are coming and you are on my reservation list.”
Ms Norris continued to state that she assumed that the decree is a excuse to harass 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 morality into my personal dwelling and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit subsequently counter sued the city claiming the order banning adult 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 method in making the right to privacy argument because there is really no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s attorney, Ed Kline, said the city is trying 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… Just now the City of Duncanville broadened the ordinance meant to close the club down by making the classification of a sex club more common and add a local petition procedure for adult clubs that the city orders to shut down.
***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit accountable of illegally operating a sexually oriented business.
So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can’t do drugs in the seclusion 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 Texas adult dating personals showing up at the house. They are attempting to regulate the founders of the club in encouraging 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 state regulation. There is a vast difference…
Nobody is going to tell you that you should not go down to your neighborhood red light district and get a blowjob from Mollie the local crack addict or Billy the cross dressing pimp or even take any of intercavio de parejas to the Cherry Pit for some fun. We of course are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable 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 whatsoever other grose stuff goes with “the other end”). The jury has decided that there is a compelling government concern to control 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 company. The Cherry Pit has since been shut down. While warnings for the owners declared that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.