You may recall that a group of swingers in the city of Duncanville filed suit against the city to overturn a new law they passed that would ban sex clubs such as theirs. Well, the city has responded by saying "You sue me? I sue you!"
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.
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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.