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The city of Duncanville, Texas which is neighborhood of Dallas has been involved in its own petite Jerry Falwell manner bible strip fight with the founders of a secluded ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an expensive Duncanville residential community. The Cherry Pit posts on the web and according to advertised reports invites as many as 140 adults to a weekend gathering.

The Cherry Pit has been throwing swingers clubs parties where visitors pay a fee for admission and can engage in almost any kind 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 money is to cover the cost of food, soft drinks etc and not a price for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an additional service fee they will even “bring out the gimp“….(just joking)

This whole thing started earlierin November of 2007 when after few years of Cherry Pitt neighbors complaining about the offence, parties and “unsavory element” “the pit” was bringing to the area, the City of Duncanville passed the next decree:

“the function and maintenance of a club to be illegal and a public nuisance. Violation of the new order will result in a fine of up to $3,000.”

The city of Duncanville after that decided that the parties at the Cherry Pit were more than just a gathering of “friends and family” looking for some fun and determined that it was Really a sexually oriented industry and subject to the regulation. The answer of Julie Norris, one of the owners of “The Pit” was as follows:

“I don’t comprehend what their classification of a commerce is, but to my understanding a business is public – anybody can just walk into it and you should 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 everybody to pitch in $5 or bring a plate? That is just what we do. The only condition 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 continued to state that she understood that the order is a excuse to attack 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 owners of the Cherry Pit afterward counter sued the city claiming the ordinance 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 scheme 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 legal representative, Ed Klain, 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 official squabbling has taken place… Just today the City of Duncanville broadened the order designed to shut the club down by making the definition of a adult club more universal and add a local petition procedure for sex clubs that the city orders to shut down.

***October 29, 2008 A jury proclaimed the organizers of the Cherry Pit guilty of illegally operating a sexually oriented company.

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

You obviously can not do heroin in the privacy 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 mature older swingers showing up at the place. They are trying to regulate the founders of the place in cheering 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 state control. There is a vast distinction…

No one is going to advice you that you can not go down to your local red light block and get a blowjob from Sallie the local crack addict or Eddie the cross dressing pimp or even take any of parejas buscando hombre to the Cherry Pit for some entertainment. We surely are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable act illegal prostitution on one end and the illegal operation 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 government has decided that there is a compelling government awareness 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 industry. The Cherry Pit has since been locked. While counsel for the owners stated that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.