Judge says Love Shack operating illegally

By DOUG NURSE
The Atlanta Journal-Constitution

Published on: 02/21/08

A Fulton County Superior Court judge on Thursday handed the city of Johns Creek a significant legal victory over the Love Shack, an adult-themed store.

In his ruling from the bench, Judge Ural Glanville said the Love Shack doesn't have a required 2007 business license and must close if it does not comply with city ordinances.


The closure order doesn't take effect until the judge signs a written order, which could come as soon as Monday.

"We're happy with the judge's order because it vindicates that this business is operating illegally since the city's inception [Dec. 1, 2006] and brings us one step closer to either it operates in compliance under our laws or it closes its doors," said Mayor Mike Bodker.

In March, the city denied a regular business application sought by the adult-video chain owner, John Cornetta, but the store has continued operating anyway. Johns Creek officials wanted a court order to shut the controversial store or make Cornetta comply with city ordinances.

Lawyers from both camps cautioned against drawing conclusions until the judge signs a written order, because the order could include important nuances.

Cornetta said he is in compliance with the city ordinance and will apply for a business license for the current year.

In his verbal order, Glanville said Cornetta cannot operate the Love Shack at its current location at Jones and State Bridge roads without a business license.

However, to obtain a regular business license, the store's inventory cannot exceed certain standards. If it does, Cornetta would have to apply for a sexually oriented business license, but the store's location isn't zoned for that.

Under city ordinances, a store is an adult business if it meets one of a number of criteria, including:

• 25 percent or more of its floor space is dedicated to adult products.

• 25 percent of the wholesale or retail value of the inventory is adult-oriented.

• 25 percent of the establishment's revenue is derived from sale of adult material.

• Patrons must be 18 years old or older.

Cornetta said the Love Shack's inventory is below those standards, and that it's store policy at that location to allow minors inside if they are accompanied by an adult or a guardian.

Cornetta's attorney, Cary Wiggins, said the judge's statements indicated the store could be closed for even minor infractions – such as grass that's too tall – which he said was too severe and too broadly worded. Plus, Wiggins said, Glanville didn't take the First Amendment into consideration.

Cornetta said he will appeal Glanville's order to the Georgia Supreme Court.