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The town of Duncanville, Texas which is neighborhood of Dallas has been involved in its own little Jerry Falwell manner holy scripture strip fight with the owners of a privileged “adult club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an fashionable Duncanville housing district. The Cherry Pit promotes on the internet and according to published news draws as many as 160 visitors to a weekend social gathering.

The Cherry Pit has been throwing gangbangs parties where guests pay a charge for admission and are allowed engage in almost any sort of sexualgroup sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry price is to cover the cost of snacks, 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 could even “bring out the gimp“….(just joking)

The entire bru ha ha happened latein October of 2006 when after several years of Cherry Pitt neighbors complaining about the crime, noisy visitors and “unsavory element” “the pit” was bringing to the community, the City of Duncanville approved the subsequent ordinance:

“the operation and maintenance of a adult to be against the law and a public irritation. Violation of the new ordinance will result in a fine of up to $3,000.”

The city of Duncanville then decided that the gatherings at the Cherry Pit were more than just a meeting of “friends and family” seeking some fun and resoluted that it was Really a sexually oriented business and subject to the decree. The respond of Julie Norris, one of the founders of “The Pit” was the following:

“I do not recognize what their definition of a industry 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 gifts. Have you ever had your buddies over for a grill and asked everyone to pitch in $10 or bring a food? That is precisely 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 assumed that the decree is a guise to harass their way of life and values and that the order regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their morality 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 then counter sued the city claiming the order banning adult 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 really no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s attorney, Edward Klain, said the city tries to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has stayed open while all the official wrangling has taken place… Just today the City of Duncanville broadened the ordinance intended to lock the club down by making the classification of a swinger club more common and add a local appeal process for adult clubs that the city orders to shut down.

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

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

You evidently can’t do heroin in the isolation 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 regulate the hot wives in Texas showing up at the house. They are attempting 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 state administration. There is a vast dissimilarity…

No one is going to advice you that you cant go down to your local red light district and get a BJ from Lily the local crack addict or Mikey the cross dressing pimp or even take any of parejas swinger to the Cherry Pit for some entertainment. We surely know nonetheless that the act of handing over a dollar in trade 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 occurs (in addition to whatever other nasty doing goes with “the other end”). The government has decided that there is a forceful 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 commerce. The Cherry Pit has since been shut down. While advice for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.