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The town of Duncanville, Tx that is suburb of Dallas has been drawn in its own little Jerry Falwell style bible belt conflict with the founders of a privileged ”swinger couples club” named “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an expensive Duncanville housing area. The Cherry Pit posts on the web and according to advertised information draws as many as 120 visitors to a weekend gathering.

The Cherry Pit has been holding adult house party where couples pay a charge for entry and can get involved in mosly any sort of sexualgroup sex deeds they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance money is to cover the expence of food, soft drinks etc and not a charge for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is whispered for an additional service charge they could even “bring out the gimp“….(just joking)

This whole deal happened earlierin October of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, noisy visitors and “unsavory element” “the pit” was bringing to the district, the City of Duncanville passed the next regulation:

“the operation and maintenance of a swinger to be against the law and a public irritation. Violation of the new decree will effect 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 gathering of “friends and family” seeking some enjoyment and determined that it was basically a sexually oriented commerce and subject to the law. The reaction of Julie Norris, one of the owners of “The Pit” was the following:

“I do not know what their meaning of a commerce is, but to my understanding a business is public – anyone can just walk into it and you must pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your buddies over for a Party and asked everyone to pitch in $5 or bring a plate? That is exactly what we do. The only requirement to get into my residence is that anyone call and let me know that you are coming and you are on my reservation list.”

Ms Norris continued to state that she understood that the ordinance is a guise to assault 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 own dwelling and I have to stand against that,” Norris said. “That is not what the Constitution allows.”

The founders of the Cherry Pit subsequently counter sued the city claiming the decree banning adult clubs violates their privacy 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 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 legal representative, Ed Kline, said the city tries to regulate private acts in a private dwelling using the public irritation law as a “pretext” to do so….

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

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

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’t do drugs in the isolation of your home. These things are illegal regardless of where they are engaged in.

Let us also keep this in mind. Duncanville is NOT trying to control the hot wives in Texas showing up at the house. They are trying to order the owners of the house 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 control. There is a big dissimilarity…

No one is going to advice you that you cant go down to your neighborhood red light area and get a BJ from Lily the local crack addict or Bobby the cross dressing pimp or even take any of parejas swinger to the Cherry Pit for some fun. We surely are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable act illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other grose action goes with “the other end”). The state has decided that there is a forceful 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 business. The Cherry Pit has since been shut down. While counsel for the owners declared that the verdict would be appealed and the statute challenged, it is unclear if either of those was ever pursued.