circpro
09-14-2006, 05:24 PM
http://www.ajc.com/metro/content/metro/northfulton/stories/2006/09/14/0914loveshack.html
Judge blocks Love Shack in Johns Creek
By PAUL KAPLAN
Published on: 09/14/06
There will be no Love Shack in Johns Creek, at least for now.
A federal judge in Atlanta ruled today that the porn store cannot open while owner John Cornetta pursues a lawsuit against Fulton County for denying him a business license.
The county, which has jurisdiction over Johns Creek until the new city is officially born Dec. 1, says Love Shack needs an adult-use permit. Cornetta says his store will have less than 25 percent of its inventory in pornography, so he should need only a standard business license.
Cornetta had asked the court for a temporary restraining order against the county so his business could open while the legal battle droned on. But U.S. District Court Judge Thomas Thrash denied the request.
The ruling is a big victory — albeit a temporary one — for residents of Johns Creek in northeast Fulton. They complained bitterly when they learned that Cornetta planned to open the Love Shack across the street from a dance school and adjacent to neighborhoods.
Attorney Cary Wiggins, who argued on behalf of Love Shack, said he and Cornetta will discuss how to proceed from here, and he declined to comment until that decision is made.
Mike Bodker, who is running unopposed for mayor of Johns Creek, was happy with the decision and also that "Fulton County fought a vigorous case." Bodker, who has promised to push for strict regulation of adult businesses after the city begins operation, said the judge's decision increases the likelihood that the case will still be pending in December.
"It's one step closer to being in our control," he said. Bodker favors rules that are stricter than current Fulton County ordinances, including setting a lower percentage for the amount of adult merchandise a store can sell without having an adult business license.
Staff writer Brian O'Shea contributed to this article.
Judge blocks Love Shack in Johns Creek
By PAUL KAPLAN
Published on: 09/14/06
There will be no Love Shack in Johns Creek, at least for now.
A federal judge in Atlanta ruled today that the porn store cannot open while owner John Cornetta pursues a lawsuit against Fulton County for denying him a business license.
The county, which has jurisdiction over Johns Creek until the new city is officially born Dec. 1, says Love Shack needs an adult-use permit. Cornetta says his store will have less than 25 percent of its inventory in pornography, so he should need only a standard business license.
Cornetta had asked the court for a temporary restraining order against the county so his business could open while the legal battle droned on. But U.S. District Court Judge Thomas Thrash denied the request.
The ruling is a big victory — albeit a temporary one — for residents of Johns Creek in northeast Fulton. They complained bitterly when they learned that Cornetta planned to open the Love Shack across the street from a dance school and adjacent to neighborhoods.
Attorney Cary Wiggins, who argued on behalf of Love Shack, said he and Cornetta will discuss how to proceed from here, and he declined to comment until that decision is made.
Mike Bodker, who is running unopposed for mayor of Johns Creek, was happy with the decision and also that "Fulton County fought a vigorous case." Bodker, who has promised to push for strict regulation of adult businesses after the city begins operation, said the judge's decision increases the likelihood that the case will still be pending in December.
"It's one step closer to being in our control," he said. Bodker favors rules that are stricter than current Fulton County ordinances, including setting a lower percentage for the amount of adult merchandise a store can sell without having an adult business license.
Staff writer Brian O'Shea contributed to this article.