Keep Johns Creek Safe

In a wonderful opinion piece in the AJC, Jim Osterman chimes in on the recent Love Shack ruling in Johns Creek.  Osterman is a resident of Sandy Springs and has this to say:

Last week our new-city neighbor to the north, Johns Creek, won a round in its ongoing battle to deny the Love Shack a business license. Down here we have our own versions of the Shack, and I know a lot of you wish they’d go away. Count me in.

Such places put nothing of worth into a community. They add nothing of substance to a community. Indeed, they erode community in the truest sense of the word.

 Jim Osterman hits the nail on the head.  He challenges us, the community at large to look past the government and at ourselves for the solution: 

Forget the mayor and city council. Forget some super-lawyer crafting a law that drops the hammer on the adult business. Are we capable of channeling our moral indignation into starving these places to death? Exercise some control and strive to improve our minds and spirits? Do the same for our children?

Do we, as a community, have that in us?

I have never heard of one single benefit to having such businesses in a community. Not one. What I usually hear is the “victimless crime” cliche, as though there can be a crime and not a victim.

The true solution to ridding any community of its porn palaces does not lie with elected officials. It’s not a government solution —- it’s a you-and-me solution.

Dry up the demand and the supply will starve. Government can’t legislate morality. That, kids, is an inside job. Do not ask anyone to do for you what you are not willing to do for yourself.

The recent Johns Creek Herald article that reported on the denial of the Love Shack’s business license stated that the City of Johns Creek and the Love Shack gave vastly different numbers of the amount of adult items in the store:

Code Enforcement Officer Reggie Miller testified to an estimate of more than 24,000 of these types of items on display during his March 2 visit. An affidavit from Love Shack comptroller Jack Frielander hand-counted 2,312 adult DVDs.

So which is it more than 24,000 or 2,312 items. Who is telling the truth and who is lying? One piece of evidence is a blog called Drifting Through The Grit. In a January 4, 2007 blog entry the author of the blog claims to have directly spoken to Mr. Cornetta:

It’s past 10:30 and trucks are probably rolling in north Fulton. Earlier today, Love Shack owner John Cornetta told me he would be restocking his Johns Creek location with adult material. Earlier he removed all adult DVDs and toys to comply with a federal court order.
Mr. Cornetta stated that before 11:00pm tonight he would add 20,000 adult DVDs and 5-6000 adult magazines. Despite this massive increase in inventory, he believes his store will contain around 22% adult material. In his mind, well below the new Johns Creek standard of 25%.

Well there you have it, Mr. Cornetta’s own words to the blog writer seem to line up with Johns Creek Code Enforcement Officer Reggie Miller’s estimate. It seems that Mr. Miller has been keeping a good eye on the Love Shack. Way to go Reggie and the City of Johns Creek.

John Cornetta responds to a question in the Johns Creek Herald about when the Love Shack might be shut down in light of today’s ruling:

Like I said before, never. Get used to it. Live it, Learn it, Love it. Trust me Cary’s comments were taken out of context. I will never stop fighting. I also wish there was a way to verify who is who on this website as several posts purported to be by me are not from me. This one is and I wish there was way to authenticate it.

Yesterdays order came from a judge, well not really a judge, hand picked by Johns Creek. I mean, this ruling is as important in the overall scheme of things as Fred Flintstone saying Yabba Dabba Doo. The only thing it does is show how biased the entire city government is, the total lack of respect the officials have for the law, and the fact that they have forgotten that they are ” public servants”. The reason we needed to go through this ” Kangaroo Court” is so that when make in front of an actual court it can not be said that we did not exhaust our administrative remedies. I look forward with great anticipation, the next rounds.

While this paper did not even contact me for a quote, will not accept my advertising, the spin that it, and a few extremely funny Johns Creek websites have put on this story are amazing. They all read about the same.. We won again. Johns Creek lawyers 1 Cornetta’s lawyer 0. That is funny in that since the day we opened we have not been closed. Also thank you to all of the supporters who continue to flood us with emails and letters of support. We have only yet begun to fight.

It sounds like Mr. Cornetta is angry at the ruling, angry at the Johns Creek Herald, angry at the City of Johns Creek officals and staff, and angry at this blog.  The only people that Mr. Cornetta seems to like are the ones lining his pocket with money.  This does not sound like someone who wants to be a good neighbor or a community friendly businessman.  My guess is that Mr. Cornetta will not be nominated for businessman of the year in Johns Creek anytime soon.

The Johns Creek Herald gives more details on the basis on the hearing officer’s denial of the Love Shack’s regular business license application.  The article gives a summary of Gregory Jay’ eight page legal order, including:

Under the SOB ordinance adopted Dec. 4, the order concludes it meets three of the definition criteria:** The Love Shack offers at least 1,000 items displaying sexual activity or anatomical parts for sale or rental and limits access to adults. Code Enforcement Officer Reggie Miller testified to an estimate of more than 24,000 of these types of items on display during his March 2 visit. An affidavit from Love Shack comptroller Jack Frielander hand-counted 2,312 adult DVDs.

** The Love Shack devotes at least 25 percent of its interior space, or 500 square feet, to the rental or sale of adult media. The hearing officer admits there is a factual dispute over the size of the store, but finds the store contains over 500 square feet based on testimony.

“While the city does have the burden of proving the respective amount of floor space and inventory, it is worth noting that the Love Shack did not elect to call any witnesses concerning such matters,” said Jay in the order.

** The Love Shack is a “sexual device shop” under the definition, because it offers sexual devices for sale. The Love Shack’s own inventory lists multiple objects designed for stimulation. The order reads that the hearing officer is not persuaded by the fact that Love Shack places a sticker on each item stating “For Novelty Purposes Only.”

The hearing officer dismissed the Love Shack’s argument that the city’s Dec. 20 business license ordinance does not allow a business license to be denied just because it does not expressly mention denial, but rather suspension or revocation. The officer did not agree that the city was “required” to issue the license.

“Taken to the extreme, Love Shack’s theory would yield the illogical result of the city being forced to issue a license only to revoke it a day, hour or minute later,” reads the order.

The order also cites the Love Shack is an SOB according to the city’s zoning ordinance. It assumes the Love Shack is not a grandfathered non-conforming use, contradicting the code as an unauthorized use in the commercial-zoned area. The order also finds the Love Shack to be operating too close to residential areas.

The article goes on to mention the ongoing legal proceedings between the Love Shack and Fulton County:

The ongoing litigation between the Love Shack and Fulton County parallels the city’s efforts to close Cornetta. Wiggins filed a brief this week to the 11th Circuit Court of Appeals. The brief requests that oral argument be heard, because it is believed that it “will offer a more complete context within which to analyze this case.”Fulton County is expected to file a response brief. Analyzing the briefs could take weeks, and if oral argument is heard, it could be six months to a year before a decision in the county case is made.

The AJC is reporting that the Love Shack has failed in their appeal to get a regular (non-adult) business license.  The next appeal will be waged in Superior Court.  Mayor Bodker was happy with the ruling, and is quoted:

If you ask 1,000 laypeople what they see [in the Love Shack], all 1,000 will say it’s a sexually oriented business and this legal opinion says the same thing.”

Mayor Bodker will be meeting with his legal team, including Scott Bergthold, to determine the city’s next move.  The Mayor will like nothing better than to shut the Love Shack down during the appeal process, but will only do so under proper legal advisement (note: this is my opinion and not that of the Mayor). 

It will be interesting to see how Mr. Cornetta reacts to this latest setback.   Cary Wiggins, Mr. Cornetta’s attorney, was not happy with the outcome of the appeal and vows to continue to appeal to the next level. 

“I don’t think that either side would rest on a decision at this level,” said attorney Cary Wiggins, who represents the Love Shack, an adult video chain. “I respectfully disagree with his opinion on some issues.”