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The town of Duncanville, Texas which is outscirts of Dallas has been drawn in its own petite Jerry Falwell style bible strip combat with the owners of a secluded ”adult party club” named “The Cherry Pit“. The Cherry Pit is a private estate tucked in away in an upscale Duncanville housing region. The Cherry Pit publishes on the web and according to announced information draws as many as 130 swingers to a weekend gathering.

The Cherry Pit has been throwing gangbang partys where guests pay a charge for entry and are able engage in pretty much any sort of sexualgroup sex deeds they want on the site. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the cost of food, soft drinks etc and not a price for the opportunity 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 could even “bring out the gimp“….(just kidding)

The whole thing started earlierin October of 2006 when after several years of Cherry Pitt neighbors complaining about the crime, traffic and “unsavory element” “the pit” was bringing to the neighborhood, the City of Duncanville approved the subsequent decree:

“the function and maintenance of a swinger to be against the law and a public annoyance. Violation of the new decree will effect in a fine of up to $2,000.”

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 excitement and determined that it was actually a sexually oriented industry and subject to the decree. The reaction of Julie Norris, one of the owners of “The Pit” was the following:

“I do not comprehend what their meaning of a commerce is, but to my understanding a business is public – anyone can simply walk into it and you should pay to get in and we are none of that,” Norris said. “I allow donations. Have you ever had your friends over for a Party and asked everybody to pitch in $10 or bring a food? That is just what we do. The only requirement to get into my home is that anyone call and let me know that you are coming and you are on my reservation list.”

Ms Norris went on to state that she assumed that the rule is a excuse to attack their way of life and values and that the decree regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their principles into my personal 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 sex clubs violates their confidentiality 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 method 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, Edward Kline, said the city tries to regulate private acts in a private dwelling using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has remained open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the order designed to close the club down by making the explanation of a sex club more universal and add a local plea process for sex clubs that the town orders to shut down.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit guilty of illegitimately operating a sexually oriented business.

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

You obviously can’t do drugs in the isolation 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 control the Texas swingers showing up at the house. They are attempting to order the hosts 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 state punishment. There is a huge distinction…

No one is going to tell you that you cant go down to your local red light area and get a BJ from Mollie the local crack addict or Eddie the cross dressing pimp or even take any of swinger parejas 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 blowjob 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 happens (in addition to whatsoever other wicked doing goes with “the other end”). The state has decided that there is a forceful state interest 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 stated that the conclusion would be appealed and the statute challenged, it is unclear if either of those was ever pursued.