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

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Teasy Agency Launches Marketing Firm

Teasy Agency has officially launched Teasy Marketing firm.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

RevealMe has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More