Johns Creek Asks Court to Get Tough on Adult Shop

The latest AJC article (see below for full text) states that the City of Johns Creek has asked Fulton County Superior Court to shut down the Johns Creek Love Shack.

By DOUG NURSE

The Atlanta Journal-Constitution

Published on: 06/23/07

The city of Johns Creek filed a petition Friday in Fulton County Superior Court to force the owner of the Love Shack to close or comply with city laws.

The court pleading alleges that the Love Shack is in violation of several city ordinances, such as operating without a business license or a sexually oriented business license and being too close to residential areas and businesses selling alcohol.

Love Shack owner John Cornetta has been operating without a business license for months.

If the city prevails, then the owner, John Cornetta, must either close the store, seek a rezoning, make it a nonadult business or move it. There is no indication when a judge might consider the petition.

Cornetta applied for a business license in January, was denied by the city, appealed and after a hearing was denied again.

The store, which has been a subject of controversy, has remained open because city officials are concerned that if they close the store without a court order, and if Cornetta challenges their ordinance and wins, then Cornetta could claim the city owes him for lost revenue.

The Love Shack opened last Nov. 29, just before Johns Creek officially became a city on Dec. 1.

 

Cornetta Gets Approval for Sports Bar

Mr. Cornetta of the Love Shack fame was recently granted a business and a temporary alcohol license by the City of Johns Creek, according to the AJC. Mr. Cornetta claims that there will be no nudity at the restaurant/sports bar:

“Nude was never in my plan, ” Cornetta said. “We couldn’t if we wanted to. We’ll have good-looking waitresses, I’ll tell you that. They’ll wear Daisy Dukes. I think Hooter’s girls wear too much, don’t you? I think it would be great to have great-looking girls serving tapas while you listen to music.

Just to make sure that nudity does not happen, the Johns Creek Technology Park changed their covenants to prohibit adult uses:

Then on Jan. 23, Technology Park/Atlanta, the parent company for the Johns Creek office park, changed its covenants to expressly prohibit adult uses.

In addition, a neighboring business has put Mr. Cornetta on notice that adult entertainment will not be tolerated:

Last September, an attorney for a neighboring business sent Cornetta a letter warning him to toe the line with his new venture.

“Please be advised that our client [One Court, L.P.] intends to closely monitor the future use of [your] property and to take all necessary legal actions required to assure that the property is not used for any illicit or unlawful purpose and complies with all applicable laws, regulations, zoning and other ordinances and all pertinent restrictive covenants, conditions, and restrictions,” wrote attorney Thomas E. Jones Jr.

The obvious question is why would Mr. Cornetta open a high end restaurant/sports bar. One reason could be the downturn in the sale of adult DVD’s that is occurring according to this recent USA Today article.

Overall sales and rentals of X-rated DVDs have plunged 15% in the last year and up to 30% over the past two years because video and photos on the Internet — much of it created by amateurs — are available at a fraction of the cost or for free…

Steven Hirsch, co-chairman of Vivid, one of the world’s top adult film producers, predicts DVD sales will largely be replaced by content sold on the Internet. Three years ago, 80% of its revenue came from DVD sales. Now, it’s 40%, he says.

Could Mr. Cornetta be diversifying out of the adult video market and into the high end restaurant/sports bar? Is he trying to develop a high end “Hooters” style business to off-set the impact of the internet on in-store sales of adult DVD’s?

How will the residents of the City of Johns Creek accept and dine at Mr. Cornetta’s new venture? Is Johns Creek ready for this high end type of night spot that is more typically found in Buckhead or Midtown? Given the distance from downtown, can Mr. Cornetta draw from the convention market that supports many high end restaurants in Buckhead?

Only time will tell how Mr. Cornetta will fair with his new venture. If it is like the typical restaurant, it has a 60 percent chance of failing in the first three years. Lets hope it does not take that long.

 

Up To Us To Send Sex Shops Packing

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.

 

How Many Adult Items in the Johns Creek Love Shack Store?

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.

 

Cornetta Responds to Hearing Officer’s Ruling

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.

 

Love Shack Business License Denied … Again (Part II)

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.

 

Love Shack Business License Denied … Again

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.”

 

Porn Compared to Toxic Sludge

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) 

 

Love Shack Decision Postponed

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.

 

Love Shack Owner Speaks Out

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.