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The town of Duncanville, Tx which is neighborhood of Dallas has been drawn in its own little Jerry Falwell type bible belt fight with the founders of a private ”swinger couples club” called “The Cherry Pit“. The Cherry Pit is a private house tucked in away in an upscale Duncanville housing district. The Cherry Pit announces on the internet and according to announced information draws as many as 140 guests to a weekly social gathering.

The Cherry Pit has been throwing swingers orgy party where visitors pay a fee for entry and are able get involved in mosly any kind of sex deeds they want on the location. It is the position of the hosts that this does not constitute a “business” as the entry money is to cover the price of snacks, beverages etc and not a cost for the benefit 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 money they will even “bring out the gimp“….(just a joke)

The whole deal happened backin November of 2007 when after few years of Cherry Pitt neighbors complaining about the crime, parties and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following decree:

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

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 enjoyment and determined that it was Really a sexually oriented commerce and subject to the decree. The response of Julie Norris, one of the founders of “The Pit” was the following:

“I don’t know what their classification of a commerce is, but to my understanding a business is public – anybody can just walk into it and you shall pay to get in and we are none of that,” Norris said. “I allow contributions. Have you ever had your friends over for a grill and asked everybody to pitch in $5 or bring a plate? That is precisely what we do. The only requirement 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 believed that the order is a guise to assault their lifestyles and values and that the rule regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their morality into my private home and I will stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit then counter sued the city claiming the decree banning adult clubs violates their solitude 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 lawer, Ed Kline, 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 squabbling has taken place… Only today the City of Duncanville broadened the rule designed to shut the club down by making the classification of a adult club more broad and add a local plea process for adult clubs that the town 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 you do think? Should private citizens be allowed to “swap pits” at the Pitt without the authorities getting its’ rocks off?

You obviously can’t do cocaine in the seclusion 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 order the Texas adult dating personals showing up at the venue. They are attempting to regulate the founders of the club 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 big dissimilarity…

No one is going to tell you that you cant go down to your local red light block and get a blowjob from Lily the local crack addict or Jimmy the cross dressing pimp or even take any of parejas swingers to the Cherry Pit for some entertainment. We of course know nonetheless that the act of handing over a dollar in trade for the BJ makes the otherwise consenting operation illegal prostitution on one end and the illegal act 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 jury 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 industry. The Cherry Pit has since been locked. While recommendations for the owners stated that the verdict would be appealed and the statute challenged, it is uncertain if either of those was ever pursued.