Swingers’ Club Host Sues Texas Town Over New Ordinance

DUNCANVILLE, Texas — A man who holds swingers’ parties at his home in the Dallas suburb of Duncanville has filed a lawsuit against the city, asserting that a recently adopted ordinance banning sex clubs violates his constitutional rights.

According to media reports, Jim Trulock, whose home doubles as the host venue for a swingers’ club called the Cherry Pit, asserted in his lawsuit that the city has no “constitutionally acceptable” grounds for enacting and enforcing its new ordinance.

The ordinance, which was adopted by Duncanville in November, redefined key aspects of the city’s existing laws regulating sexually oriented businesses, including the definition of “sex club” under city code.

Under the new ordinance, a “sex club” defined as “Any premises, person or organization that is presented, advertised, held out or styled as, or which provides notification to the public that it is a swinger's club; an adult encounter group or center; a sexual encounter group or center; party house or home; wife, spouse or partner-swapping club; or that it provides permission, an opportunity or an invitation to engage in or view sexual activity, stimulation or gratification, whether for consideration or not.”

The term “consideration” essentially means “payment” as defined under the new ordinance. The ordinance defines consideration as the “required, voluntary or suggested payment of money or of any item of value for... the right to obtain any item permitting the right to enter or remain on the premises, or any portion thereof, or... the right to membership permitting the right to enter or remain on the premises, or any portion thereof.”

The Trulocks have been advised by counsel not to speak to the media, and referred XBIZ to their attorney, Edward Klein. Klein was not available for comment at press time, but adult industry attorney Rob Apgood, who has handled cases involving similar issues in Washington state, told XBIZ that the Duncanville ordinance was “totally unconstitutional.”

“The ordinance is absolutely unconstitutional, no question about it,” Apgood said. “It is unconstitutional both facially and as applied [to Trulock].”

Duncanville officials said they were undeterred by claims that the ordinance is unconstitutional, and will continue to try to shut down the Cherry Pit.

“We will continue to enforce the ordinances,” city spokeswoman Tonya Lewis said.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More