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Cause this is naked twister night, and no ones gonna save you since parking is too tight

pO157.

Posted to Legal on Mon Dec 10, 2007 at 08:20:14 AM EST (promoted by port1080). RSS.

What do you do when you have bad neighbors? Not the kind that play loud music, dump garbage on your lawn, or move the property line. Residents of one neighborhood in Duncanville, Texas claim they have quite a unique problem: a local man regularly runs a swingers club out of his house.

The Cherry Pit case is not any old neighbor dispute. Jim Trulock is the owner of the split level home, and he transforms his residence into "The Cherry Pit" twice a week (fridays and saturdays). The problem, according to neighbors is that the residence (modified with such amenities as a 'group sex room') attracts so many people to these parties that parking, blocked roads and traffic are becoming a major problem. They argue this could prevent emergency vehicles from moving through the area in the event of trouble.

Local residents have complained to the government that the sex parties have them steaming and upsetting the peace and quiet they moved to Duncanville, Texas for. The city listened, and whipped up an ordinance banning sexually oriented businesses. They claim Mr. Trulock's weekend swinger parties violate that ban as he is rumored to collect dues or fees for his guests to enter.

While the city notes they have no problem with Mr. Trulock's preferences, three citations have already been stuffed in his mailbox, carrying $2,000 in fines each. If the parties continue Duncansville officials promise to punish Mr. Trulock with search warrants and arrest.

Regular guest Dawn Burton complains that the denizens of The Pit are getting shafted by the city. "It's crazy that they want to force their morality down our throats. We're all frustrated." Mr. Trulock's attorneys claim that the city has a hard-on for enforcing morality on a group of private friends who get together for semi-regular friendly events and socialize in "whatever way they prefer." Their attornies vow to fight on noting that they will seek a court order preventing the town from enforcing the ordinance in the future and attempt to get it overturned.

At least one sex law expert finds the chances of the Cherry Pit winning in court to be rather unlikely. Professor Leonard from NYU says that because it is so big and draws so much attention any attempt to block city ordinances on a privacy argument are likely to be unsuccessful. "It seems to me when you have that number of people involved, it becomes more like a public event. It seems unlikely that a court would find privacy protection for an event this large."

Tags: edited by Port1080, written by pO157, club, swinging, public nudity (all tags)

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16

This problem is easily solved

3fingerspointback.

Tue Dec 11, 2007 at 07:01:09 PM EST

5.00 (brilliant)

Back when I had a girlfriend in Texas, I flew out one week from California to visit her.  While I was in Dallas, I stopped by a store there to get her a present.  It was a thin pink sleeve of plastic with a little motor inside, hooked up to nothing but a cam.  When you put in batteries and twisted the cap at the end of the sleeve, the motor would spin the cam, and the end of the thing would oscillate.  Now, you sickos are probably thinking that I bought her a vibrator, but we all know that it's illegal to sell sex toys in Texas, so there was no way I could do that.  In fact, I'm quite sure I didn't buy her a vibrator, because right there on the front of the box, overlapping the picture of a model in a teddy, was a prominent sticker informing the customer that this was a "NOVELTY CAKE DECORATION".  So I paid for my cake decoration, left the store, and even though I forgot to pick up a cake upon which to display it, my girlfriend was understanding enough to tell me she still appreciated my gift.

In the same manner, I think that there is an obvious way for Trulock to escape the long arm of the law.  He'll have to close down The Cherry Pit, of course--they don't want a sex den in Duncanville--but he's perfectly free to repurpose that space for his new business--The Cherry Topping, a private club where like-minded adults can meet up and swap tips on how to bake novelty cakes.  BYO decorations.

(is 3fingerspointback)

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Re: This problem is easily solved

thefadd.

Tue Dec 11, 2007 at 07:13:51 PM EST

5.00 (funny, funny, funny)

Just don't call it a bake-off.

It is easy to buy small plaster models of what you think life is like.

18

^ 17

Re: This problem is easily solved

Lou.

Tue Dec 11, 2007 at 10:10:15 PM EST

4.00 (funny)

Damn you and your speedy retorts!

It's the end of the world as we know it, and I feel fine

20

Re: Cause this is naked twister night, and no ones

Pravda.

Sun Dec 23, 2007 at 07:15:10 PM EST

5.00 (funny, funny)

-ummm, Scrabble?

The screaming you hear is when somebody spells "stimulation" on a triple-word-score.

1

It's the parking

skeptic.

Mon Dec 10, 2007 at 09:58:14 AM EST

none

We cannot plausibly claim that consenting adults do not have the right to get together to have sex, if they so desire.  (Hopefully they will do so in a responsible manner that does not spread sexually transmitted disease.)  The only substantive complaint made about the Cherry Pit is that so many people are going there that roads are congested by excessive numbers of parked cars.  I haven't examined Jim Trulock's property, to see how much room there may be near his house, but an ideal solution would seem to be for him to construct a parking lot where his visitors (or clients, if you prefer to call them that) can park more conveniently.  Even if he had to buy more property in order to have room for his new parking lot, that would be a good idea if the sex club is such a roaring success.  He can probably afford to do it.  And any city ordinances designed to deal with this problem should only address the issue of parking and the congestion of roads, not sexual morality, which is a private concern.

5

^ 1

Re: It's the parking

tomc.

Mon Dec 10, 2007 at 03:12:43 PM EST

5.00

They should consider providing bus service so people could leave their cars at home.

3

^ 1

Re: It's the parking

PenitenziAgite.

Mon Dec 10, 2007 at 12:20:18 PM EST

4.50 (funny)

If it's getting as big as they say, they really ought to look into obtaining a commercial or live/work type space.  Perhaps this Texas town doesn't have any of that, but can't they at least rent out some space at the local grain elevator, a la 'Footloose'?

sierra tango foxtrot uniform

2

^ 1

Re: It's the parking

ms sue.

Mon Dec 10, 2007 at 10:12:08 AM EST

none

Agree.

The problem, according to neighbors is that the residence (modified with such amenities as a 'group sex room') attracts so many people to these parties that parking, blocked roads and traffic are becoming a major problem. They argue this could prevent emergency vehicles from moving through the area in the event of trouble.

If I lived nearby, I sure as hell would complain until something was done. But I don't understand the necessity of a new ordinance to deal with this problem. And if a new ordinance is needed, then make it about the parking, traffic, and blocked roads.

In California, and probably other states as well, you would have to disclose this party house when you sell. While some prospective buyers might see it as a plus, most would cross your house off the list in a second.

4

^ 2

Re: It's the parking

zyxwvutsr.

Mon Dec 10, 2007 at 01:12:10 PM EST

5.00 (astute)

And if a new ordinance is needed, then make it about the parking, traffic, and blocked roads
This seems absurdly easy to fix: make the local streets permit parking only and only issue permits to residents. Put up some signs, hire a towing company to enforce it, and the problem is solved.

In California, and probably other states as well, you would have to disclose this party house when you sell
What, exactly, would you be required to disclose? That a neighbor has a lot of parties?

6

^ 4

Re: It's the parking

ms sue.

Mon Dec 10, 2007 at 04:11:54 PM EST

none

   In California, and probably other states as well, you would have to disclose this party house when you sell

What, exactly, would you be required to disclose? That a neighbor has a lot of parties?

Yup:

California's Stringent Disclosure Requirements

California sellers must fill out and give the buyers a disclosure form listing a broad range of defects -- such as a leaky roof, deaths that occurred within three years on the property, neighborhood nuisances such as a dog that barks every night, and more. In addition, California sellers must disclose potential hazards from floods, earthquakes, fires, environmental hazards, and other problems, in a Natural Hazard Disclosure Statement. California sellers must also alert buyers to the availability of a database maintained by law enforcement authorities on the location of registered sex offenders.

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Re: It's the parking

zyxwvutsr.

Mon Dec 10, 2007 at 05:13:38 PM EST

none

That doesn't say anything about disclosing information on the neighbors' activities.

8

^ 7

Re: It's the parking

Lou.

Mon Dec 10, 2007 at 05:51:16 PM EST

none

neighborhood nuisances

It's the end of the world as we know it, and I feel fine

9

^ 8

Re: It's the parking

zyxwvutsr.

Mon Dec 10, 2007 at 06:29:02 PM EST

none

So all you have to tell them is that a lot of cars park on the street on weekends. You wouldn't have to say why.

10

^ 9

Re: It's the parking

Lou.

Mon Dec 10, 2007 at 06:35:23 PM EST

none

-So...you get a lot of cars parked here on the weekend.  Thanks for the heads-up.  What are all of those people doing?

-ummm, Scrabble?

It's the end of the world as we know it, and I feel fine

11

^ 9

Re: It's the parking

ms sue.

Mon Dec 10, 2007 at 07:22:28 PM EST

none

So all you have to tell them is that a lot of cars park on the street on weekends. You wouldn't have to say why.

But the minute they found out what was going on, you'd have a hard time proving that you didn't know. And they could sue you.

I went through something very similar recently when we sold. We knew that a house across the street was about to be licensed for some kind of residential board and care. We tortured ourselves over whether to disclose, which we finally decided to do after the fact, in escrow.Thankfully, the buyers didn't care or didn't care enough to back out.

In California, the advice is that if you're wondering whether you should disclose something, then you should disclose it.

12

^ 11

Re: It's the parking

zyxwvutsr.

Mon Dec 10, 2007 at 07:44:08 PM EST

none

the minute they found out what was going on, you'd have a hard time proving that you didn't know
Is that really how California courts work? If someone sues you you must prove you didn't know something rather than the plaintiff proving that you did?

13

^ 12

Re: It's the parking

ms sue.

Mon Dec 10, 2007 at 10:21:28 PM EST

none

Is that really how California courts work? If someone sues you you must prove you didn't know something rather than the plaintiff proving that you did?

It's a matter of shifting burdens. The plaintiff merely has to establish that the "party" problem existed when you were living in the house and argue that it is unreasonable to believe that you were unaware and that you knew or should have known.

It's not a matter of absolute proof that you knew; it's a question of whether the judge or jury concludes that you must have known, and the standard of proof is a mere preponderance of the evidence in civil court.

So in California, you had better say that during a neighbor's Friday and Saturday "parties," there are blocked roads, excessive traffic, and parking problems.

14

^ 13

Re: It's the parking

zyxwvutsr.

Mon Dec 10, 2007 at 10:37:43 PM EST

none

So in California, you had better say that during a neighbor's Friday and Saturday "parties," there are blocked roads, excessive traffic, and parking problems
Yeah, I don't see anything wrong with that. I thought you were suggesting that the, um, adult nature of the parties would have to be disclosed.

15

^ 14

Re: It's the parking

ms sue.

Tue Dec 11, 2007 at 10:05:48 AM EST

none

I thought you were suggesting that the, um, adult nature of the parties would have to be disclosed.

To your "What, exactly, would you be required to disclose? That a neighbor has a lot of parties?" I had answered with a linked "Yup."

But you bring up an interesting question. If I were aware of the nature of the parties, would I have to disclose that? I had been advised to disclose that that house near us was now licensed as residential board and care, not just that there may be increased traffic or parking problems.

So I don't know just how far one has to go to define the particular "nuisance."

19

Zoning Laws?

slavdude.

Thu Dec 13, 2007 at 10:59:24 AM EST

none

Doesn't Texas have zoning laws that would go into effect if a person wanted to run a business out of his or her home (I'm assuming that club members pay a fee to patronize The Cherry Pit)?

Tomorrow I will be sober, but you will still be ugly.

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