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The town of Duncanville, Texas which is outscirts of Dallas has been involved in its own small Jerry Falwell manner bible strip combat with the owners of a secluded ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private landed property tucked in away in an expensive Duncanville residential region. The Cherry Pit announces on the web and according to published information draws as many as 160 adults to a weekend party.

The Cherry Pit has been throwing swingers parties where visitors pay a charge for entry and can engage in almost any kind of sexualgroup 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, 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 said for an extra service charge they will even “bring out the gimp“….(just kidding)

The entire thing happened latein December of 2007 when past some years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the subsequent ordinance:

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

The city of Duncanville after that decided that the parties at the Cherry Pit were more than simply a gathering of “friends and family” seeking some excitement and resoluted that it was actually a sexually oriented business and subject to the decree. The reply of Julie Norris, one of the owners of “The Pit” was the following:

“I don’t know what their meaning of a commerce 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 allow contributions. Have you ever had your buddies over for a grill and asked everybody to pitch in $10 or bring a dish? That is precisely 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 went on to state that she believed that the ordinance is a guise to assault their lifestyles and beliefs 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 home and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit then 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 basically no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s attorney, Edward Klein, said the city tries 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 squabbling has taken place… Just now the City of Duncanville broadened the decree intended to close the club down by making the classification of a swinger club more universal and add a local plea procedure for swinger clubs that the town orders to close.

***October 29, 2008 A jury proclaimed the owners of the Cherry Pit accountable of unlawfully operating a sexually oriented industry.

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

You obviously can’t do drugs in the isolation of your house. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT attempting to regulate the hot wives in TX showing up at the venue. They are attempting to regulate the founders of the house in cheering 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 management. There is a big dissimilarity…

Nobody is going to advice you that you cant go down to your neighborhood red light quarter and get a BJ from Mollie the local crack addict or Larry the cross dressing pimp or even take any of mujeres maduras to the Cherry Pit for some fun. We surely 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 operation of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose doing goes with “the other end”). The state has decided that there is a forceful state interest 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 commerce. The Cherry Pit has since been locked. While counsel for the owners stated that the decree would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.