Is There A Constitutional Right To A Swing Party?
The municipality of Duncanville, Texas that is suburb of Dallas has been involved in its own petite Jerry Falwell manner holy scripture belt conflict with the founders of a secret ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private dwelling tucked in away in an expensive Duncanville suburban region. The Cherry Pit publishes on the internet and according to published reports invites as many as 130 members to a weekly party.
The Cherry Pit has been throwing gangbang party club where couples pay a charge for entry and could get involved in mosly any sort of sex deeds they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry fee is to cover the expence of foodstuff, beverages 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 extra service charge they will even “bring out the gimp“….(just kidding)
This whole thing started latein October of 2007 when after some years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the following regulation:
“the function and maintenance of a adult to be against the law and a public irritation. Violation of the new decree can outcome 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 enjoyment and determined that it was actually a sexually oriented industry and subject to the law. The reply of Julie Norris, one of the founders of “The Pit” was the following:
“I do not recognize what their definition of a commerce is, but to my understanding a business is public – anybody can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your buddies over for a booze and asked everyone to pitch in $10 or bring a bowl? That is exactly what we do. The only condition to get into my residence 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 believed that the rule is a excuse to harass their way of life and values and that the regulation regulating the club violated their First Amendment Rights to Privacy.
“It boils down to people want to put their ethics into my private house and I am going to stand against that,” Norris said. “That is not what the Constitution allows.”
The founders of the Cherry Pit after that counter sued the city claiming the decree banning swingers 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 actually no right to personal privacy spelled out in the Constitution.
The Cherry Pit’s legal representative, Edward Klein, said the city tries to regulate private acts in a private house using the public irritation law as a “pretext” to do so….
The Cherry Pitt has stayed open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the ordinance intended to close the club down by making the classification of a adult club more common and add a local petition procedure for sex clubs that the town orders to close.
***October 29, 2008 A jury proclaimed the founders of the Cherry Pit responsible of unlawfully operating a sexually oriented business.
So what you do think? Should private citizens be tolerated to “swap pits” at the Pitt without the state getting its’ rocks off?
You obviously can’t do heroin 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 trying to regulate the TX swingers showing up at the venue. They are attempting to regulate 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 state punishment. There is a colossal difference…
Nobody is going to tell you that you can not go down to your local red light quarter and get a BJ from Kathie the local crack addict or Billy the cross dressing pimp or even take any of sexo de parejas to the Cherry Pit for some entertainment. We surely are aware of nonetheless that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable 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 disgusting stuff goes with “the other end”). The jury has decided that there is a compelling government concern to regulate 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 closed. While advice for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.
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