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The town of Duncanville, Tx which is suburb of Dallas has been involved in its own little Jerry Falwell manner bible belt conflict with the founders of a secret “adult club” named “The Cherry Pit“. The Cherry Pit is a private mansion tucked in away in an upscale Duncanville suburban community. The Cherry Pit posts on the internet and according to announced information draws as many as 100 adults to a weekend party.

The Cherry Pit has been holding party fuck where visitors pay a charge for admission and can get involved in almost any kind of sexualgroup sex actions they want on the premises. It is the position of the owners that this does not constitute a “business” as the entry price is to cover the expence of food, soft drinks etc and not a fee for the opportunity of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an extra service charge they will even “bring out the gimp“….(just kidding)

The whole bru ha ha started backin October of 2007 when after few years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the following regulation:

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

The city of Duncanville then decided that the parties at the Cherry Pit were more than just a meeting of “friends and family” looking for some fun and resoluted that it was Really a sexually oriented commerce and subject to the ordinance. The respond of Julie Norris, one of the founders of “The Pit” was as follows:

“I do not know what their meaning of a business is, but to my understanding a business is public – anyone can simply walk into it and you have to 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 everyone to pitch in $5 or bring a dish? That is just what we do. The only requirement 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 continued to state that she assumed that the rule is a guise to attack 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 own territory and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit subsequently counter sued the city claiming the decree banning swingers clubs violates their seclusion and due process rights. They are mostly 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 in fact 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 wrangling has taken place… Only today the City of Duncanville broadened the rule intended to close the club down by making the definition of a swinger club more general and add a local appeal procedure for sex clubs that the town orders to close.

***October 29, 2008 A jury found the founders of the Cherry Pit accountable of illegally operating a sexually oriented company.

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

You evidently can not do drugs in the confidentiality of your dwelling. 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 swingers in Dallas, TX showing up at the venue. They are attempting to control the owners of the home 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 huge distinction…

No one is going to advice you that you can not go down to your neighborhood red light district and get a blowjob from Sallie the local crack addict or Larry the cross dressing pimp or even take any of casadas buscando 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 blowjob 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 doing goes with “the other end”). The state has decided that there is a undeniable state interest to normalize 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 warnings for the owners stated that the conclusion would be appealed and the statute challenged, it is vague if either of those was ever pursued.