Duncanville files countersuit over swingers club
Duncanville calls Cherry Pit a nuisance, asks judge to close it
12:00 AM CST on Wednesday, January 9, 2008
Duncanville calls Cherry Pit a nuisance, asks judge to close it
12:00 AM CST on Wednesday, January 9, 2008
By ELIZABETH LANGTON / The Dallas Morning News elangton@dallasnews.com
The city of Duncanville wants a judge to declare the Cherry Pit swingers club a public nuisance and close it down.
Jim Trulock, who runs the club in his home, sued the city Dec. 12 over a new ordinance that bans sex clubs. Duncanville filed its answer Monday and countersued Mr. Trulock.
On weekends, the 59-year-old and his partner, 29-year-old Julie M. Norris, turn their home near Cedar Ridge Drive and Interstate 20 into the Cherry Pit, where guests can mingle, dance and have sex.
The City Council unanimously adopted the ordinance in November. City officials say they were acting in response to complaints about the Cherry Pit.
The ordinance classifies sex clubs as a public nuisance. City officials also contend that the Cherry Pit is an unlicensed sexually oriented business operating in a residential area. Mr. Trulock denies that the club is a business; he has said he accepted donations but didn't have a cover charge.
Mr. Trulock's "use of the premises as a sex club is detrimental to the health, safety and welfare of the citizens of the city of Duncanville," the city's filing says. Mr. Trulock "does not have any policy or measures in place to safeguard against the spread of sexually transmitted diseases, and thus the activities at the premises pose a risk to the public health."
Mr. Trulock's attorney, Ed Klein, said the city is trying to regulate private acts in a private home. The ordinance violates his client's privacy and due process rights, he said.
Mr. Klein also contends that the ordinance is so broad and vague that it could criminalize the sexual behavior of almost everyone in Duncanville.
The city's countersuit asks that the court order the Cherry Pit to close and fine Mr. Trulock $1,000 a day if he refuses. A judge has not set a hearing on the request.
City officials have cited Mr. Trulock four times for violating the new ordinance, as well as the city's sexually oriented business and zoning ordinances. Mr. Trulock is fighting the citations in municipal court.
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