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The municipality of Duncanville, Tx that is suburb of Dallas has been drawn in its own small Jerry Falwell type holy scripture strip combat with the founders of a secret “swingers club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville residential area. The Cherry Pit publishes on the internet and according to announced reports invites as many as 140 visitors to a weekly social gathering.

The Cherry Pit has been organizing hot orgies where couples pay a fee for entry and could get involved in mosly any type 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 price is to cover the price of food, 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 fee they will even “bring out the gimp“….(just kidding)

This whole deal happened earlierin December of 2006 when past some years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the subsequent ordinance:

“the operation and maintenance of a adult to be illegal and a public nuisance. Violation of the new order will 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 just a gathering of “friends and family” seeking some excitement and resoluted that it was Really a sexually oriented business and subject to the law. The reply of Julie Norris, one of the owners of “The Pit” was the following:

“I don’t recognize what their definition of a industry is, but to my understanding a business is public – anyone 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 buddies over for a Party and asked everybody to pitch in $10 or bring a plate? That is precisely what we do. The only requirement to get into my house 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 ordinance is a excuse to assault their lifestyles 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 principles into my personal territory 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 adult 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 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 lawer, Ed 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 remained open while all the legal squabbling has taken place… Only today the City of Duncanville broadened the order intended to shut the club down by making the definition of a swinger club more general and add a local appeal process for swinger clubs that the town orders to close.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit responsible of illegally operating a sexually oriented industry.

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

You evidently can’t do drugs in the seclusion of your home. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT trying to order the Texas swinger adult dating showing up at the club. They are trying to order the founders of the club 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 government administration. There is a huge difference…

Nobody is going to tell you that you cant go down to your local red light district and get a BJ from Mollie the local crack addict or Johnny the cross dressing pimp or even take any of maduras sexo to the Cherry Pit for some fun. We surely know however that the act of handing over a dollar in exchange for the quickie makes the otherwise consenting step 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 whatsoever other disgusting action goes with “the other end”). The state has decided that there is a undeniable government concern to adjust 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 business. The Cherry Pit has since been locked. While counsel for the owners declared that the conclusion would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.