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The town of Duncanville, Texas which is outscirts of Dallas has been drawn in its own small Jerry Falwell manner bible strip battle with the owners of a private ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville housing area. The Cherry Pit promotes on the internet and according to advertised news draws as many as 130 adults to a weekend party.

The Cherry Pit has been throwing private lesbian parties where couples pay a fee for admission and could get involved in almost any sort of sexualgroup sex actions 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 price of foodstuff, soft drinks etc and not a cost for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an extra service charge they would even “bring out the gimp“….(just kidding)

The entire deal started latein October of 2007 when after several years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the subsequent order:

“the function and maintenance of a club to be against the law and a public nuisance. Violation of the new ordinance can effect in a fine of up to $2,500.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than just a meeting of “friends and family” looking for some excitement and resoluted that it was basically a sexually oriented commerce and subject to the decree. The respond of Julie Norris, one of the founders of “The Pit” was the following:

“I don’t recognize what their meaning of a industry is, but to my understanding a business is public – anybody can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I accept gifts. Have you ever had your friends over for a grill and asked everyone to pitch in $10 or bring a bowl? That is precisely what we do. The only requirement to get into my home 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 believed that the rule is a guise to harass their way of life and beliefs and that the regulation regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their morality into my personal home and I have to stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit then counter sued the city claiming the regulation banning swingers clubs violates their privacy 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 technique 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 advisor, Edward Klein, said the city is trying to regulate private acts in a private house using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has remained open while all the official backbiting has taken place… Just now the City of Duncanville broadened the rule intended to shut the club down by making the definition of a swinger club more broad and add a local petition procedure for adult clubs that the city orders to shut down.

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

You evidently can not do cocaine in the isolation of your apartment. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT attempting to regulate the Texas TX swingers showing up at the club. They are trying to regulate the owners of the house in encouraging 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 government punishment. There is a colossal difference…

No one is going to advice you that you can not go down to your neighborhood red light quarter and get a BJ from Lily the local crack addict or Eddie the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some entertainment. We of course are aware of nonetheless that the act of handing over a dollar in trade 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 whatsoever other nasty stuff goes with “the other end”). The jury has decided that there is a compelling state awareness 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 industry. The Cherry Pit has since been locked. While advise for the owners stated that the decree would be appealed and the statute challenged, it is unclear if either of those was ever pursued.