THE RIGHT TO OFFER NUDE DANCING'? Topless bar applicants sue city of Destin

November 25, 2008 - 1:46 PM

Dusty Ricketts
Florida Freedom Newspapers

The Oasis of Destin has sued the city claiming that adult entertainment ordinances violate the bar's First Amendment rights.

The action was filed by the bar located on Mountain Drive and Trident-Operations LLC, a company that the Oasis has entered into a management agreement with to run the bar.
"The plaintiffs wish to engage in activities protected under the First Amendment, i.e., offering nude dance entertainment," the lawsuit says.

The city's rules governing such establishments "has deprived the plaintiffs of the right to offer nude-dance entertainment," the lawsuit further states. "For these reasons the plaintiffs are entitled to declaratory and permanent injunctive relief barring the City from enforcing these ordinances ..."

"We approached (the city), made a case for why the ordinances are not valid and then applied for a business license and were then promptly turned down," said Cary Wiggins, a former Niceville resident now practicing law at the Atlanta-based law firm of Cook, Youngelson & Wiggins. "There's really nothing left to do. If the ordinances aren't valid, there's really no sense in working with them."

Destin attorney Jerry Miller did not return messages seeking comment on the lawsuit.

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To read the entire lawsuit, click here.

ADF law suit against UMBC is frivolous and unfounded

By Saira Khan
Senior Staff Writer

Free speech is not a concrete concept. Guaranteed to us by the First Amendment, it’s idea is a little more complex than it may seem and evolves with time. What kind of speech is free? What kind of speech is too free? Is offensive, hateful, and/or harmful speech free nonetheless?

While the idea of free speech is a fantastic one (let me acknowledge that it is because of the First Amendment that I sit here and write this article), there are many people out there who take it a step too far. People such as Rev. Fred Phelps of the Westboro Baptist Church, which is considered a hate group, perverse the liberty that we were given by our founding fathers to the point that we must question and limit it.....(read more)

Berlin, Adult Novelty Store Face Off In State Supreme Court

BILL LEUKHARDT
Courant Staff Writer

April 15, 2008

Last year, a state Superior Court judge rejected a lawsuit by VIP that challenged the town's sexually oriented business ordinance. VIP still has another state case pending against the town, along with a federal lawsuit.

BERLIN — A court case sparked by the town's battle to keep an adult sex toy, video and "romance shop" from opening in a middle-class neighborhood played out Monday with dry legal arguments in state Supreme Court.

The hearing on "VIP of Berlin LLC v. Town of Berlin et al" was the latest round in a dispute over the legality of the town's ordinance regulating the location of sexually-oriented businesses, including strip clubs and adult novelty stores.

It's an important case to town leaders, who see their ordinance as a way to control the adult businesses that have popped up here in recent years, upsetting residents and giving the town unwanted notoriety

Everyone is holding their breath to see what happens with this case," Mayor Adam Salina said after the hearing. "We feel very strongly that we have every right to enact and enforce this type of ordinance."

"This is going to have far-reaching impact on many municipalities. Freedom of speech and right to privacy are at stake"

Click HERE to read the entire article.

Judge: Love Shack lacks required license

Judge: Love Shack lacks required license
Close or comply, adult-themed store is told

By Doug Nurse
The Atlanta Journal-Constitution

Published on: 02/24/08

A Fulton County Superior Court judge last week 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

Shut down the love shack store!

Shut down the love shack store!
it is perverted
February 23, 2008 | 09:21 AM

It is time to shut down the Love shack in Johns Creek. That kind of filth is not needed in north Fulton. People should not be buying or using the bizarre perverted "devices" these people sell. This is a Christian community and we must stop this kind of perversion from infecting our youth. With the community's help we can turn back the tide of this kind of sexual immorality and reclaim America for our Lord and savior.

Donald F.

Love Shack Owner Undaunted by Court Order

'This doesn't affect us,' says John Cornetta
By Peter Warren

Posted: 4:54 PM PST Feb 22, 2008

JOHNS CREEK, Ga. - Love Shack owner John Cornetta was ordered by a Fulton County Superior Court judge Thursday to comply with city ordinances or face closure as soon as Monday, according to The Atlanta Journal-Constitution.

Judge Ural Glanville said Cornetta has been operating the store without a required 2007 business license, which he was denied last March. Cornetta however maintained that he is in compliance with the city's requirements for the license, and plans to re-apply for 2008.

"In the big scheme of things, it's not an important victory for the other side," Cornetta told AVN. "It's dealing with a 2007 business license - the last time I checked, this is 2008. Johns Creek is claiming a little bit of a victory, but in actuality ... this doesn't affect us. It really doesn't. We're used to [decisions] going against us, and we're still here and we're still open. And we'll be open tomorrow, and we'll be open Monday, Tuesday, Wednesday and so on."

That remains to be seen, though. The store cannot be closed until the judge signs a written order, but that could happen Monday.

Mayor Mike Bodker said, "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 [...] either it operates in compliance under our laws or it closes its doors."

For a regular business license in Johns Creek, a store must have no more than 25 percent of its floor space dedicated to adult products, or the same amount of its revenue derived from them. Also, restricting admission to patrons aged 18 or older could classify an establishment as an adult business.

Cornetta said the Love Shack's inventory meets the criteria for a regular business license, and that minors are allowed on the premises if accompanied by an adult or guardian.

"We'll appeal the order for sure," Cornetta said, "but not because there's anything we can do by winning an appeal. If we win an appeal, what do we win? The only thing it does is it helps us not to create bad law, and I'm one of the operators in the U.S. that will not allow bad law to be created. I'll appeal things even when there's no real upside of doing it, other than not having bad law created.

"This judge erred, in my opinion," he went on. "He erred in a lot of people's opinion - Cary Wiggins, Louis Sirkin, Steve Youngleson, attorneys that are friends of mine that work with me. All of us met today, and beyond a shadow of a doubt, the judge - a very good judge, intelligent judge - he erred in that there is an affirmative defense, at least one affirmative defense, to the question that was brought forward, and in Georgia that's enough where the judge cannot rule on issues that have to do with the First Amendment to the U.S. Constitution or the Georgia Constitution, and he did.

"But he said from the bench, 'It's not a padlock order; you simply have to comply and get a 2008 business license,' and we are complying," Cornetta concluded. "So we'll just apply for 2008 and appeal his decision at the same time. Small potato stuff."

Love Shack Loses Latest Round Against Johns Creek

Odette Yousef



ATLANTA, GA (2008-02-22) The latest round in an ongoing dispute between an adult-novelty store and Johns Creek seems to have been settled in the city's favor.

Johns Creek declined to grant a business license to The Love Shack several months ago, saying it had too much adult-oriented material to operate in a commercial zone. But the store continued to operate.

Johns Creek Mayor Mike Bodker says that forced the city to appeal to Fulton County's Superior Court:

BODKER: We don't have a choice in the matter. We have a law, it's been broken, and we are duty-sworn to uphold it.

But Attorney Cary Wiggins, who represents the Love Shack's owner, says that city ordinances don't forbid businesses from operating without licenses, and moreover:

WIGGINS: Cities aren't supposed to use their business license ordinance as a mechanism to shut down businesses.

Wiggins also says that the store has changed its inventory, so that it no longer qualifies as sexually explicit.

He'll wait to see the judge's written ruling, expected next week, before deciding whether to appeal.


© Copyright 2008, WABE

Citizen lawsuit against Johns Creek

Citizen lawsuit against Johns Creek
They are wasting HUGE $$$$
January 11, 2008 | 03:26 PM

I would like to see a citizen lawsuit against the council members and mayor of Johns Creek for wasting city money and time trying to shut down the Love Shack store. This is a stupid example of prudish government officials trying to violate the constitution and local laws to carry out their weird personal agenda. These people obviously have strange psychological hangups about sex, and they are spending huge amounts of taxpayer money trying to enforce their weird sexual problems on everyone else in the community. This should be stopped, and these unfortunate people should seek professional help for their sexual problems.

Rick Bristol