December 1, 2006 Update
Much has transpired over the past few days regarding the Love Shack. The following is a list of what has happened:
On October 3, 2006 United States District Court Judge Thomas W. Thrash signed an Order which denied the Love Shack’s request for a temporary restraining order and mandamus relief. During the period leading up to becoming an official city (December 1, 2006), the City of Johns Creek pass an emergency obscenity ordnance on November 14, 2006. The law would not take effect until December 1, 2006.
On Wednesday, November 29, 2006 the Love Shack opens without a valid business license or certificate of occupancy for the building. The owner states that he allowed to operate for 30 days without a business license.
On Thursday, November 29, 2006 Mayor Bodker issues a press release stating that “Our city stands ready to participate and defend our community’s standards as soon as we’re legally allowed.”
On Thursday, November 30, Fulton County Attorney Steve Rosenberg asks Fulton County Superior Court Judge Jerry Baxter to close down the Love Shack. Baxter refused to rule on a request by Fulton County’s law department to close the store Thursday. The county wanted the shop shuttered so that it could not claim it should be allowed to continue to function in the new city. Baxter said from the bench that he felt the county’s claim was not an emergency and that the matter should be decided by the federal judge handling the dispute between the Love Shack and Fulton County.
On Friday, December 01, 2006, the City of Johns Creek meets at 12:01 AM meets again to vote on all ordnances. As expected, the City Council approved several ordnances related to adult businesses. The owner of the Love Shack chain maintains he’s met all the legal requirements under Fulton County codes, and because he was open legally when the city became functional, he is protected.
The next steps are in the courts and it will be an interesting battle to say the least.
December 4, 2006 Update
Johns Creek December Town Hall Meeting
Mayor Bodker to discuss Adult Entertainment in City of Johns Creek
Dec. 4, Johns Creek—Mayor Mike Bodker will hold his monthly Town Hall Meeting Thursday, December 7 at Chattahoochee High School in Johns Creek. The meeting will begin at 7:30 p.m. and be held in the school’s gymnasium.
“I am disappointed that an adult entertainment business has chosen to open its doors in contempt of a court order and in outright defiance of the will of the citizens of this community,” said Bodker.
An adult book store has opened within Johns Creek city limits, despite Fulton County’s denial of the owner’s application for a business license and a federal judge’s order supporting the county in the denial pending further court action. The store is located directly across the street from a private dance academy catering to hundreds of young girls and less than 600 yards from a residential neighborhood.
“It is my belief that this community will stand together and support every legal effort to protect our homes, our businesses and our children from the negative effects of these sexually oriented businesses,” said Bodker. “At this meeting I am looking forward to introducing the outstanding legal team that has been working with the City since August in preparation for our joining Fulton County in protecting our community.” Chattahoochee High School is located at 5230 Taylor Road just off Jones Bridge Road in the City of Johns Creek. Carpooling is encouraged as parking is limited.
The City if Johns Creek incorporated officially in December 1, 2006. The establishment of the City was approved in a voter referendum on July 18 of this year. Mayor Mike Bodker ran unopposed in the November 7 election and has made a policy of holding monthly Town Hall meetings throughout his term. The city offices are temporarily located at 9810 A Medlock Bridge Road, Duluth. For information on the City of Johns Creek visit www.CityofJohnsCreekga.us
December 15, 2006 Update
A reader of the site sent the following email:
“I read an article today on your web site and there is a mistake. somebody said patronize dc beverage because they don’t own the building. That is not true… DC BEVERAGE is owned by Korean gentleman named James Kim.(his wife’s name is on the business license and property) Mr. Cornetta doesn’t own the building. We should not support DC BEVERAGE. Mr. Kim chose to rent the space to Mr. Cornetta. I suggest you to post correct information since this is for whole neighborhoods concern… Please check that and make corrections. “
Our response:
Thank you for the information. The update I gave was from the Johns Creek Community Association. Since most of the information was good I decided to use the post. I thought it was only fair to post their entire message. I agree with you that we should not support DC Beverage no matter who owns the building. I will add a note at the bottom saying that the site does not agree with that point and we should not support DC Beverage. Thanks again for helping me correct the site.
December 20, 2006 Update
Today Fulton County, the City of Johns Creek and the citizens of Johns Creek won a victory in Federal Court. At this time there are not many details, but I am sure we have not heard the last of Mr. Cornetta. There are many unanswered questions at this time.
Will Fulton County force the Love Shack to close after Thursday?
What happens after the 30 days Mr. Cornetta claimed he was able to operate without a Fulton County business license?
How will Mr. Cornetta try to comply with the Judge’s ruling?
If Fulton County was correct in not granting the Love Shack a general business license, does that mean that the Love Shack was not a legal business when Johns Creek became a City on December 1, 2006?
Will the Love Shack be able to claim they are grandfathered under Fulton County rules or will they have to comply with the stricter Johns Creek rules?
When or how will Johns Creek enforce its new Obscenity Ordinance against the Love Shack?
How far will this go in the court system?
We need to be asking these questions of our elected officals!!!
Information regarding the Judge’s Order from the December 20, 2006 AJC:
Judge orders closing of Johns Creek Love Shack
A federal district judge on Wednesday ordered the Love Shack store in Johns Creek be closed.
Judge Tom Thrash agreed to stay his order until 3 p.m. Thursday to give the store’s owner, John Cornetta, time to appeal to the 11th Circuit Court of Appeals.
Thrash said Cornetta stood to lose some money but Fulton County would lose quality of life for its citizens.
Thrash found that Fulton County officials appropriately assumed the Love Shack would be an adult bookstore when it denied Cornetta a permit in July.
Thrash warned Cornetta he would be in contempt of court if he opened the Johns Creek store Thursday with a “substantial” amount of adult material.
After the ruling, Cornetta said he would not close the store, but would open Thursday with a modified inventory.
December 21, 2006 Update
This updated article in the AJC gives more details of the court procedings from Wednesday. It looks like unless the 11th Circuit gives Mr. Cornetta a stay, the doors will be shut at 3 PM on Thursday December 21, 2006.
Judge says Love Shack must close
A federal district judge on Wednesday ordered the owner of an adult video store in Johns Creek to lock his doors, but then appeared to give the store some leeway in remaining open.
U.S District Judge Thomas Thrash rejected claims by John Cornetta, owner of the Love Shack, that the 10,000-square-foot adult-themed store complied with Fulton County’s rules and should be treated as a regular retail store.
“It appears clear to me that the plaintiff is operating an adult business and it is operating illegally,” Thrash said. He said Cornetta had failed to obtain proper permits and to meet zoning requirements from Fulton County.
But then Thrash warned Cornetta that if he stayed open with a “significant” amount of adult material, then Cornetta was in danger of being in contempt of court. Thrash refused to define what he meant by significant when asked by Cornetta’s attorney, Louis Sirkin of Cincinnati.
Thrash agreed to allow the Love Shack at Jones Bridge and State Bridge roads to remain open until 3 p.m. Thursday to give Cornetta time to appeal and seek a temporary stay from the 11th Circuit Court of Appeals.
Cornetta was putting in rush orders Wednesday night to dilute his adult inventory by adding lingerie, children’s movies, and sportswear and hats.
“The judge was completely off base and off the law,” Cornetta said. “Can they have a sign that says ‘Don’t drive too fast through town’ — but we’re not telling what that means? The 11th Circuit is going to remand it to him, I guarantee it.”
County Commissioner Lynne Riley said that code enforcement officers and police will be on hand at 3 p.m. to lock the store if Cornetta doesn’t have a stay.
“The ruling said the store is operating illegally,” she said. “Anything short of a stay by the 11th Circuit, we’ll close those doors.”
Michael Garrison, co-owner of the North Atlanta Dance Academy, located across the street from the Love Shack, said he’s relieved by the judge’s decision.
“We’re very encouraged, but we’re sure we haven’t heard the last of Mr. Cornetta,” Garrison said. “We’re hopeful the judge’s ruling will stand.”
December 21, 2006 Update
Here is a link to an interesting website that was set up by local residents to combat an “adult business” in Northampton, Massachusetts. Please note that there is a ton of good information on the site but there is some explict language. We also don’t support all the views presented on the site. The site is NoPornNorthampton.org.
December 22, 2006 Update
The latest article in the AJC:
Love Shack Stays Open as County Cites Owner
A controversial adult video store in north Fulton County remained open Thursday after 3 p.m., the hour set by a judge for the owner of the Love Shack to either close its doors or reduce its sexually oriented merchandise.
“Where’s Lynne? Where’s Lynne and her padlock?” crowed owner John Cornetta, referring to Fulton County Commissioner Lynne Riley, who vowed to shut down the store, located in the heart of Johns Creek.
Although the 10,000-square-foot superstore remained open, Cornetta was cited by Fulton County Code Enforcement officers about 4 p.m. for operating an adult business without proper zoning, and for having banners without proper permits.
The code enforcement officers determined that Cornetta had enough sexually oriented material that Fulton County likely will urge a federal judge to find Cornetta in contempt of court, said Senior County Attorney Steve Rosenberg.
That could result in jail time, a fine and closure of the store, but Cary Wiggins, one of Cornetta’s lawyers, said a contempt hearing could result in a victory for the store. In a hearing Wednesday, U.S. District Judge Thomas Thrash ruled the store was an adult business operating illegally, but then he said the store could be forced to close only if the store offered a “significant” amount of adult material. He did not define significant.
Cornetta and a staff of 40 people worked through the night to replace some adult material with more innocuous items, such as purses. He said his inventory was less than 5 percent adult material, compared with the original 17 percent.
County officials initially thought Thrash had given them permission to shut down the store if Cornetta didn’t receive an immediate stay from an appellate court, but the judge’s written order on Thursday said the store could only be closed if it offered significant amount of adult material.
Riley said, “Fulton County believes in the due process according to the law, and will follow the orders as written by Judge Thrash. We wish all businesses that operate in Fulton County would have the same respect as well.” “The judge’s ruling changed the landscape,” Rosenberg said.
Also on Thursday, the judge decided to disallow attorneys for the city of Johns Creek to participate in future hearings on the matter. Although the store is located in Johns Creek, the city is a bystander in the proceedings because the legal battle started before the city was officially incorporated.
About 20 anti-Love Shack residents stood outside and waited as the three code enforcement officers walked through the store, trailing a dozen reporters recording their every move. A couple of opponents walked into the store. “This is such a charade,” said Bill Magyar of Johns Creek. “As soon as this is over, he’s going to go right back to putting adult material on the shelves again.”
Some people were patronizing the store as a show of support. Anna Frye and Fabi Field-Green, both 18-year-old students at Chattahoochee High School, said they were buying joke gifts. “It’s not all inappropriate,” Frye said. “We’re having fun with it. If people don’t want to come here, then don’t.”
