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The town of Duncanville, Tx which is suburb of Dallas has been drawn in its own small Jerry Falwell manner holy scripture belt battle with the founders of a secret “adult club” named “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an fashionable Duncanville residential region. The Cherry Pit advertises on the internet and according to advertised reports invites as many as 120 members to a weekend gathering.

The Cherry Pit has been organizing amateur orgy parties where guests pay a charge for entrance and can engage in pretty much any kind of sexualgroup sex activity they want on the location. It is the position of the owners that this does not constitute a “business” as the entrance price is to cover the cost of foodstuff, drinks etc and not a price for the benefit of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is rumored for an additional service money they could even “bring out the gimp“….(just a joke)

The whole deal started earlierin November of 2007 when after several 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 next ordinance:

“the function and maintenance of a sex to be unlawful and a public annoyance. Violation of the new ordinance can effect in a fine of up to $3,000.”

The city of Duncanville after that decided that the gatherings at the Cherry Pit were more than simply a meeting of “friends and family” looking for some fun and resoluted that it was actually a sexually oriented industry and subject to the ordinance. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:

“I don’t comprehend what their definition of a business is, but to my understanding a business is public – anybody can just walk into it and you have to pay to get in and we are none of that,” Norris said. “I accept donations. Have you ever had your friends over for a grill 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 you 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 ordinance is a excuse to harass their lifestyles and beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their ethics into my personal dwelling and I will 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 ordinance banning adult clubs violates their confidentiality 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 manner in making the right to privacy argument because there is basically no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s legal representative, Ed Klain, said the city is trying 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 legal wrangling has taken place… Only today the City of Duncanville broadened the rule intended to lock the club down by making the classification of a swinger club more general and add a local plea procedure for swinger clubs that the city orders to shut down.

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

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

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

Let us also keep this in mind. Duncanville is NOT attempting to order the Texas married women looking for men showing up at the place. They are attempting to order 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 management. There is a vast difference…

Nobody is going to tell you that you cant go down to your neighborhood red light district and get a blowjob from Kathie the local crack addict or Bobby the cross dressing pimp or even take any of parejas sexo to the Cherry Pit for some entertainment. We of course are aware of however that the act of handing over a dollar in trade for the blowjob makes the otherwise agreeable doing illegal prostitution on one end and the illegal action of soliciting a prostitute on the other end no matter where it happens (in addition to whatsoever other wicked action goes with “the other end”). The state has decided that there is a undeniable government 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 company. The Cherry Pit has since been locked. While recommendations for the owners stated that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.