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.
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While guests are encouraged to make "voluntary donations" to cover the cost of food and refreshments, organizers deny that anyone is being charged admission to his parties.
Ed Klein, an attorney for the Cherry Pit, said many guests give no money, but those who do often chip in $10 or $20. 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.
"I don't think it's persecution so much as an invasion of their privacy," Klein said.
Arthur Leonard, a New York Law School professor who studies sexuality law, said the size of the parties might be a legal obstacle.
"It seems to me when you have that number of people involved, it becomes more like a public event," Leonard said. "It seems unlikely that a court would find privacy protection for an event this large."
The city has already cited Trulock with three violations, which carry a maximum $2,000 (1,365 EUR) fine. Duncanville City Manager Kent Cagle this week pledged to continue enforcing the new law.
The case against the swinger parties "does appeal to a lot of people's sense of morality," said Lewis, the city spokeswoman. "That's been a lot of complaints we've gotten from residents: 'I came to Duncanville to have a family. I didn't come here to live next to a sex club."'
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