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But the festivities could soon be over. Citations have been issued, and search warrants may be next. The city of 36, just southwest of Dallas has about 50 places of worship and not a single registered sexually oriented business. Duncanville officials insist they are not just another prudish Texas town giving the boot to spouse-swappers.
They say it all boils down to a matter of law: Trulock is operating a business featuring live sex acts. To support its claim, the city notes that the Cherry Pit accepts money from guests and promotes the parties on its Web site. And now you have to draw the line.
Other cities have wrestled with the same issue. Phoenix, for example, prohibited live sexual performances ineffectively outlawing swinger parties. An appeals court upheld the law inand Duncanville used it as a blueprint when passing a ban last month. Others are annoyed by the procession of cars that crowd their street on weekend evenings, or the flood of strangers who descend on the neighborhood. Attorneys for Trulock, 59, say the Cherry Pit is nothing more than a private residence where a group of friends get together on weekends to socialize in whatever way they prefer.
Klein said he plans to file a lawsuit next week that will challenge the constitutionality of the ordinance and seek a temporary retraining order against the city. Arthur Leonard, a New York Law School professor who studies sexuality law, said the size of the parties might be a legal obstacle.
Duncanville City Manager Kent Cagle this week pledged to continue enforcing the new law. Your financial contribution supports our efforts to deliver quality, locally relevant journalism.
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