The city of Duncanville, which recently escalated its ongoing war against swingers, scored a victory in court this week.
Jurors have found a Duncanville man accused of operating an unlicensed sexually oriented business from his home guilty on all 10 counts.Jim Trulock, who hosts swingers parties at what's known as the Cherry Pit, had challenged 10 citations, five accusing him of operating a sexually oriented business without a permit and another five accusing him of operating a sex club.
He will face a fine of $7,500 for the Class C misdemeanors.
[...]
City prosecutor Kim Lafferty said Web advertisements and observations made by city officials at the home provided ample evidence that Mr. Trulock operated a sexually oriented business.
On Monday, several witnesses who had been patrons of the Cherry Pit invoked the Fifth Amendment, refusing to answer questions on grounds that doing so could be self-incriminating.
At issue in the case is whether the Cherry Pit qualifies as a business and therefore violates a city ordinance.
The city contends that because people must pay to get in, it is a business.
But [Ed] Klein, the defense attorney, said his client isn't operating a business and that residents are entitled to privacy.
Mr. Trulock and the home's co-owner, Julie M. Norris, 30, also face criminal charges involving Texas Alcoholic Beverage Code violations and suspicion of engaging in organized crime.
Court dates related to those charges are pending.
Duncanville, where the town motto is "because Farmer's Branch shouldn't have all the fun..."
Posted by: Michael on November 2, 2008 11:14 PM