Keep Johns Creek Safe

An article in the National Catholic Register takes aim at pornography and its impacts.  it asks the question that most people would rather not have to address:

When toxic sludge leeches into neighborhoods, we demand the polluter stop and clean up his mess. What about the sludge of pornography?

The article points out some of the impacts of pornography on our community:

 Pornography threatens marriage and the family by distorting the very meaning of sexuality. It threatens women by reducing them to objects of male pleasure, and blurring the lines between what is acceptable and what isn’t. It threatens young people by stoking appetites that are increasingly difficult to satisfy. It abuses freedom of speech, because this freedom that was meant to be at the service of public debate, is now being identified with unbridled obscenity.

And it leads to other crimes. In conjunction with Bishop Paul Loverde’s teaching efforts, the Alpha Omega Clinic in northern Virginia launched a website, Unity Restored, to help fight pornography in practical ways. The site points out the strong correlation between use of pornography and theft, violence and other anti-social behaviors because it encourages users in the habit of seeing other people as objects to be manipulated instead of persons to be loved.

The website further exposes the darkness of the pornography industry:

• A University of New Hampshire study released in February found that 2/3 of children exposed to pornography in the course of a year came across it accidentally during innocent Internet searches.

• “Stealth” pornography is particularly malicious because viewing graphic sexual imagery causes a biological and psychological response in viewers, whether or not they desire it — a response that makes resisting more difficult. Pornographers try to “hook” young people and other innocents to get new customers.

• Dr. C.J. Manning’s 2006 study on sexual compulsion showed that learning of a spouse’s porn use typically has the same impact on an innocent spouse as learning of an affair — and pornography is a significant factor leading to divorce.

• “Adult” images won’t enhance sexual intimacy (a common justification); research consistently shows that pornography use decreases the desire and ability to have relations with a partner.

America is a democracy. In the end, the fight against pornography will only be as strong as we are willing to make it. For information on fighting pornography and helping enforce America’s obscenity laws, see the website of Morality in Media (MoralityinMedia.org) 

According to the latest article in the Johns Creek Hearld, the decision on if the Love Shack can get a regular business license is due by April 30th. Here is the article:

Love Shack decision postponed
Extension requested by Cornetta’s attorney

Johns Creek will wait another week to learn the fate of the highly-controversial Love Shack.

Cary Wiggins, the attorney representing Love Shack-owner John Cornetta, requested an extension to submit his findings to the public hearing officer.

Attorneys for the city and for Cornetta presented their cases in a public hearing April 2 before Gregory Jay, the city’s hired public hearing officer for business license and occupation tax appeals.

At the end of that hearing, counsel for both sides agreed to submit “proposed findings of fact and conclusions of law” by April 16.

But only days before, Wiggins contacted the special assistant city attorney, Scott Bergthold, to request more time. During a three-way call with Jay, all parties agreed to extend the decision for a week.

“We just submitted our proposed findings of fact and conclusions of law today. We told Mr. Jay he could take as long as he wanted,” said Wiggins in a message Monday.

Johns Creek City Attorney Bill Riley said as long as both sides agree, an extension is acceptable.

“It was simply a courtesy to the other side to give them the opportunity to present what they want to present to the hearing officer,” said City Attorney Bill Riley.

Jay is now expected to render a written decision by April 30, rather than the initial April 20 deadline.

Mr. John Cornetta  made  several insulting  comments to the  people of Johns Creek and its Mayor Mike Bodker in a local north fulton blog:

Man some of you crack me up. I put Johns Creek on the map. In the next few years they’ll rename it to John Cornetta’s Creek. Folks get this straight, that store will be there forever and ever and ever and ever. I just don’t lose. Oh and all please ask why this is such a big deal. I mean just ask Mayor Mike at the next meeting if he has ever been in to or shopped at a Love Shack. If he answers no he is a liar. Also ask him if he was the tech and tax consultant to Inserections the largest adult sex shop chain in GA when their owner was sentenced to 4 years for tax evasion. He was. Hypocrites. Also the AJC asked me if I would debate Mayor Mike in a public forum. Guess who said yes and who said no? I’ll tell you it wasn’t me. He doesn’t have the guts to debate me publicly because he is a no win situation and knows it.

Interesting timing considering that Mr. Cornetta’s business license case is under appeal at this time and a decision should be issued shortly.

The latest Love Shack article in the Johns Creek Hearld gives us more details of the 4 hour business license hearing. The following is summary of the City of Johns Creek’s reasoning for denying the Love Shack’s request for a “regular” business license:

• More than 25 percent of the floor space is dedicated to adult items.

• More than 500 square feet of the floor space is dedicated to adult items.

• The adult items are offered in quantities more than 1,000.

• The store limits access to adults only.

• The Love Shack regularly advertises or holds itself out as adult, XXX, sex, erotic or other similar language.

The city called five witnesses including an undercover private investigator to support their position. Scott Bergthold, the attorney representing the city also argued:

Bergthold said the store is operating illegally due to its location within 1,000 feet of a school or residence. He also dismissed the “for novelty use only” stickers that are meant to portray sex toys as mere gag gifts. They are what they appear to be, Bergthold said.

Cary Wiggins represented Love Shack owner, Mr. Cornetta is quoted:

Cornetta’s attorney Cary Wiggins said all of this is moot, because the updated super-ordinance was not in place when the business application was submitted.

“My client is entitled to be considered under the ordinance that was in place at that time,” said Wiggins, referencing the ordinance that was adopted on Dec. 20, which included no contemplation for denial of a business license.

The Dec. 20 ordinance was still in place at the time the Love Shack’s business license was submitted on Jan. 23.

Wiggins pointed out the city was a month away from adopting the new ordinance, citing a Georgia case that said the business is entitled to be considered under the ordinance that was in place at the time of the application.

“When they did amend the code on Feb. 26, low and behold, there is provision in there. All three counts we are here for today were not in the old code. They are only in the new code,” said Wiggins.

Wiggins maintained that the city sat on the Love Shack’s business license application without explanation for a solid month while they adopted the new ordinance, and two weeks later the city then denied the application.

“You cannot apply that code to my client when he applied well before, a month before. The reason we are here today is based on three provisions, C6, C7 and C9, that are in the new code and were not in the old code. The denial itself is a creature of the new code,” said Wiggins.

Wiggins also believes that the part of the definition specific to language used in advertising is likely in violation of the First Amendment.

“That provision is not worth the ink or paper it was written on,” said Wiggins.

Wiggins also added the Fulton County case is still pending in an appellate court.

Both sides agreed to wave the usual five day period for a decision:

Typically, the hearing officer would have five days to render the written decision, however both sides waived that requirement due to the amount of material and the length of the hearing.

Instead, council must submit “proposed findings of fact and conclusions of law” by April 16, and Jay must render a written decision by April 20.

The interesting point of Mr. Wiggins argument is that even under any earlier version of the City of Johns Creek’s ordinance, the Love Shack would be classified as an adult business, so what is the point to his argument?

The opening battle in the war between the Love Shack and the City of Johns Creek was held today before Johns Creek hearing examiner Gregory Jay. The hearing was held after the Love Shack was denied a “regular” business license.

The gist of Mr. Cornetta’s, owner of the Love Shack, arguments are:

1. The Love Shack is being singled out for “special treatment” by stalling and refusing to issue a business license.
2. The City of Johns Creek’s “sexually oriented business ordinance is probably unconstitutional anyway”.

The first point is interesting because the City of Johns Creek did not stall and met all statutory time requirements in denying a “regular” (i.e. non-adult business) business license. The one who was stalling is Mr. Cornetta, who took since November 29 to actually apply for a business.

At the time of opening, Mr. Cornetta said that the Fulton County code gave him 30 days to apply for a business license after opening. Given that Mr. Cornetta stayed open past the 30 days and did not apply for a business license until early March, means that he was the one stalling.

Mr. Cornetta has not been being singled out for different treatment. As far as we can tell the Love Shack is the only adult business in the City of Johns Creek that is operating illegally. If another adult business tries to open in a commercial zone (or within 1,000 feet of a residential community), they would be also be denied a “regular” business license.

As for Mr. Corrnetta’s second argument, the City of Johns Creek hired probably the best attorney in the country for writing these type of ordinances. Attorney Scott Bergthold (along with city attorneys) have put together a state of art adult business ordinance that can withstand challenges in federal court.

In addition, the argument that something “might” be unconstitutional means nothing until the ordinance is held to be so by the courts. In effect the ordinance is legal until the ordinance has been found unconstitutional by the courts. Since the ordinance has not been “tested” in court, the argument at this time has no merit.

Given the weak arguments that Mr. Cornetta and his attorney Cary Wiggins have made, it seems that they are just going through the motions at this time. It it likely that at some time in the future, they will challenge the constitutionality of the City of Johns Creek’s adult ordinances. This would be the only legal basis they could have to move forward, since they have not cited any other legitimate legal basis to fight the City of Johns Creek.

One other thought is that Mr. Cornetta and his attorneys may be just going through the motions with the City of Johns Creek, but the real battle they are fighting is against Fulton County.  See our March 1 post and March 18 post for more details on the on going legal battle with Fulton County.

Mr. Cornetta is still trying to appeal his loses against Fulton County and try to get a judge to order Fulton County to issue him a business license.  If this happens Mr. Cornetta would then claim that he was a “legal pre-existing business” and should not be subject to the stricter City of Johns Creek ordinance.

Since a federal Judge already determined that Mr. Cornetta was operating an adult business and that Fulton County did not have to grant him a regular business license, this will be a hard case to win.  In the event that Mr. Cornetta prevails against Fulton County, he would still be subject to the City of Johns Creek “amortization” clause, which only allow him to be in business for one year.

Look for the hearing examiner to rule in favor of the city and for Cornetta to appeal to the courts.

The following is the AJC article in full:

Love Shack challenges Johns Creek

The city of Johns Creek has targeted the Love Shack for special treatment by stalling and refusing to issue a business license that the adult video store is entitled to, said the Love Shack’s lawyer in an administrative appeal hearing Monday.

What’s more, the city’s sexually oriented business ordinance is probably unconsitutional anyway, said the attorney, Cary Wiggins.

Pshaw, said the city’s attorney, Scott Bergthold. The Love Shack is an adult video store any way you look at it, he said, and therefore is subject to the city’s adult entertainment and zoning ordinances. Besides, a federal judge said so and said in January that it was operating illegally then.

Those arguments on Monday came in Round One in the long-expected showdown between Johns Creek and the Love Shack, a 10,000-square-foot adult-themed shop in the heart of the new city. The administrative hearing officer, Gregory Jay, will make a decision by April 20.

John Cornetta, owner of the adult video store chain, applied for a business license with the new city in January.

But in a March 8 letter, the city denied Cornetta’s application and accused him of falsifying his application.

“The city’s business license application form asks ‘Will your business be an adult business establishment [sexually oriented business] . . . You responded in the negative,” wrote City Manager John Kachmar. “This is materially false . . . “

The letter goes on to say that the Love Shack is not authorized to operate at its location at Jones Bridge and State Bridge roads, and recalls that a judge found that the business was operating illegally.

Cornetta appealed.

Johns Creek Mayor Mike Bodker said in an interview that means Love Shack owner John Cornetta must:

• comply with the law and stop selling adult material;

• ask to have the property rezoned;

• move to a location where adult businesses are allowed.

Cornetta says there’s a fourth option — lawsuit.

The store, which opened for business on Nov. 29 — without a business license — remains open while it fights with the city.