JOHNS CREEK: Legal fight with adult business costly, ongoing

By Doug Nurse
The Atlanta Journal-Constitution
Sunday, January 04, 2009

To take on its lone adult business, Johns Creek hired a legal sharpshooter who drafted a no-loophole ordinance that made the store clean up its act. Ultimately the store, the Love Shack, closed.
But the fight wasn’t cheap. And it’s not over.
Since hiring attorney Scott Bergthold of Chattanooga in 2006, the city has paid him $238,000, at $250 an hour. City Attorney Bill Riley is paid $150 an hour for litigation. The city typically budgets $700,000 or so a year for legal expenses. It has paid another firm about $61,100 in Love Shack litigation fees.
Mayor Mike Bodker makes no apologies for the expense.
“We have laws on the books that say this business, because it’s an adult business, cannot operate in this zoning district,” Bodker said. “Short of repealing that law, we should enforce it.”
The owner of the Love Shack, John Cornetta, is fighting the city in Superior Court, the state Supreme Court and a federal appellate court. So far, the city has mostly prevailed. But three related cases linger in the courts.
Bergthold, who has a national anti-adult-business legal practice, said he brings experience and expertise to a field that is constantly changing and that can be extremely tricky to navigate because of its constitutional issues.
“We’ve seen a lot of the strategies and tactics and legal theories that have been advanced against municipal ordinances across the country,” he said. “We see industry tactics other lawyers wouldn’t see unless they practiced it extensively.”
Cornetta sounded incredulous upon hearing the price tag for the legal fight against him.
“Are you kidding?” he asked. He estimated he has spent $110,000 on legal fees. “That’s shocking. But then they did hire the biggest Bible-thumper money could buy.”
Bergthold’s clients range from Bartow County to Clark County, Nev. —- home to Las Vegas —- from Daytona Beach, Fla., to Pasadena, Calif., and points in between.
Another reason the bill is so high, Bodker said, is because there are three related cases in various stages of trial.
Chuck Thompson, executive director of the International Municipal Lawyers Association, said adult businesses try to delay a final decision because in the meantime, they get to stay open and make money.
Thompson said he wasn’t surprised at the $238,000 bill.
“That sounds pretty typical,” he said. “It’s an expensive proposition. It’s very time-intensive.”
Bergthold has been advising the city since its birth on Dec. 1, 2006. In the first hour of the city’s first City Council meeting, Bergthold gave a briefing on how to respond to the Love Shack, which had opened a few days earlier.
Technically, the battle was over zoning. The city maintained the Love Shack was an adult business in an area not zoned for adult businesses. The city argued the Love Shack needed to close or clean up its act.
Bergthold’s strategy was to close every loophole that adult businesses had ever used.
He drafted an ordinance that defined adult businesses by percentage and volume, sales, and floor space for adult material.
Many residents wanted the Love Shack to move, or better yet to close. A town hall meeting soon after the city was launched drew more than 1,000 people. The store was shuttered in September.
Kim Tye, a Johns Creek resident and opponent of the Love Shack, said Bergthold has been worth the money.
“I hated it so much,” she said. “It could have set a precedent. If we let him [Cornetta] get away with it, then there wouldn’t have been any recourse for any other type of things. It’s a little expensive, but it was something that had to be done.”
Sharon Simon, 39, echoed Tye.
“I think it was money well spent,” she said. “It’s in the face of our children. The $238,000 doesn’t bother me a bit.”

Johns Creek v. Love Shack: Appeals Expected

CLICK HERE TO LISTEN TO THE BROADCAST

ATLANTA, GA (2008-03-11) The battle between the city of Johns Creek and the Love Shack continues. Yesterday a judge reaffirmed his prior ruling that the store is operating illegally, and should be fined $3000 dollars a day if it stays open.

In the prior ruling, the store was told to change its merchandise so as not to qualify as an adult-business, move to a zone where adult businesses are allowed, or to close. Mayor Michael Bodker says as recently as March 9th, the store was open, and code inspectors found it was still sexually-oriented:

BODKER: We're not trying to ban the business, we are simply asking that the business either operate truly as a non-adult business or move to a location where it can operate as one.

But Cary Wiggins, lawyer for Love Shack's owner, says the store has made changes to avoid the adult-business designation.

WIGGINS: Long story short, the store is reducing its merchandise that could be characterized as sexually-explicit.

Wiggins plans to appeal the court's ruling.

Love Shack owner charged with contempt

John Cornetta was fined $500, given stern warning
By DOUG NURSE
The Atlanta Journal-Constitution

Published on: 03/10/08

The owner of the Love Shack has been found in contempt of court for continuing to operate the sexually oriented business in the city of Johns Creek.


Owner John Cornetta was fined $500 and issued a stern warning by the judge: If the Love Shack continues to violate city rules on the sale of adult merchandise, Cornetta could go to jail, the store could be closed and a $3,000-a-day fine could be issued

"There has been a pattern and practice of not complying with this court and other bodies," Fulton County Superior Court Judge Ural Glanville said. "If I tell them not to do it and fine them, and they still do it, then we go to the next step."

The store remained open Monday.

The ruling came Monday afternoon, after city officials claimed Cornetta was violating a court order issued Feb. 28 by Glanville. The judge's earlier written order said Cornetta couldn't operate a sexually oriented business at its Johns Creek location at Jones Bridge and State Bridge roads.

Cornetta was out of the country on vacation and couldn't be reached for comment Monday.

Cary Wiggins, Cornetta's attorney said that the store would try to comply, but said that pending litigation over the same store, filed in federal court in Fulton County, could reshape the whole case.

"We're certainly happy the court recognized what we've been saying for a long time that the Love Shack is an adult business," said Mayor Mike Bodker. "It is yet another victory in a long process." The city has been trying to close the business for about a year.

City officials have argued the site of the Love Shack is not zoned for adult businesses, and that Cornetta needed to move, change his inventory, or close.

Cornetta Found in Contempt in Love Shack Controversy

Cornetta Found in Contempt in Love Shack Controversy

Love Shack owner John Cornetta has been found in contempt of court for continuing to operate the business in Johns Creek, Ga.

Embattled Love Shack Buys Some Time

Owner John Cornetta applies for business license
By Mike Albo

Posted: 11:54 AM PST Feb 29, 2008

JOHNS CREEK, Ga. - A Fulton Superior Court judge, in a written order issued yesterday, told John Cornetta, the embattled owner of adult video chain the Love Shack, that he may not operate an adult business at its current Johns Creek location, and that Cornetta must have a regular business license or close his store.

Cornetta managed a reprieve, however, by applying for a regular business license on Tuesday. The application comes with a grace period of up to 30 days during which time a business can operate without a license while the application is being processed.

For its part, the city holds that if code inspectors determine the Love Shack exceeds one of the thresholds used by the city to define a sexually oriented business, it will ask judge Ural Glanville to enforce the judge's order, which could include closing the store or fining Cornetta. It's possible that Cornetta could also be jailed for contempt.

City Attorney Bill Riley told the Atlanta Journal-Constitution, "He [Cornetta] is still subject to the judge's order on not operating a sexually oriented business." Riley added, "I believe the defendant will follow any orders issued by a judge."

In a document filed with the court this week, Cornetta's attorney, Cary Wiggins, indicated that the judge's order fails to consider First Amendment issues. These issues could signal more lengthy court battles involving the Love Shack.

Glanville's latest order is seen as a major victory for the city of Johns Creek, which has long held that the Love Shack is operating illegally in a location not zoned for adult busineses.

Mayor Mike Bodker told the Journal-Constitution that the judge's order is, "...total victory, but it's one step in a long process. It's winning a battle, not the war. It's a big battle. He's at the end of a rope, holding on to the knot, and it's about to slip."

Love Shack owner applies for license, buys time

By DOUG NURSE
The Atlanta Journal-Constitution

Published on: 02/28/08

In a written order issued Thursday, a Fulton Superior Court judge told the owner of an adult video chain that he may not operate a sexually oriented business at its current Johns Creek location, and that he must have a regular business license or close his store.

But John Cornetta, the owner of the Love Shack, bought himself more time by applying for a regular business license on Tuesday. The application carries a grace period of up to 30 days in which a business, including Cornetta's, can operate without a license while the application is being processed.


If city code inspectors find the store exceeds one of the thresholds used by the city to define a sexually oriented business, the city would ask the judge, Ural Glanville, to enforce the order, which could include closing the store or fining Cornetta — or even jailing him for contempt.

"He is still subject to the judge's order on not operating a sexually oriented business," said City Attorney Bill Riley. "I believe the defendant will follow any orders issued by a judge."

Cornetta's attorney, Cary Wiggins, said in a document filed with the court this week that the judge's order fails to take into account First Amendment issues, which could signal another lengthy court battle, during which the store may remain open.

Thursday's order by Glanville represents a major victory for the city of Johns Creek, which has long argued that the Love Shack located at Jones and State Bridge roads is a sexually oriented store operating illegally in an area not zoned for adult businesses.

"It's an absolute, total victory," said Mayor Mike Bodker, "but it's one step in a long process. It's winning a battle, not the war. It's a big battle. He's at the end of a rope, holding on to the knot, and it's about to slip."

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

Love Shack May Be Forced To Close

JOHNS CREEK, Ga. -- The Love Shack, the controversial adult business in Johns Creek, may be forced to close.

A Fulton County Superior Court judge has decided that the store cannot operate at its current location, because it does not have a 2007 business license, which is required by law.

The store would not be forced to close until the judge signs a written order, which could come as soon as Monday.

In March, Johns Creek officials denied Love Shack owner John Cornetta a business permit. Cornetta kept the store open despite the rejection.

City officials then sued Cornetta.

Cornetta has said he is obeying the law, and will apply for a 2008 business license.

Cornetta said Friday he will appeal the judge’s decision.

Judge Rules Against The Love Shack

(WSB Radio) The latest round in the fight between Johns Creek and the Love Shack goes to the city.
A Fulton County Superior Court judge has ruled that the adult store does not have a 2007 business license, as required by law, and must close if it does not comply with city code.

The closure will not go into effect until Judge Ural Glanville signs a written order. That could come as soon as Monday.

In March, Johns Creek denied a regular business application which was being sought by John Cornetta, owner of the Love Shack chain. Despite the rejection, Cornetta kept his Johns Creek store in operation.

City officials went to court, looking to shut the adult-themed store down unless Cornetta came into compliance with city ordinances.

Cornetta says he is complying with city code, and will apply for a business license for 2008.

Without that license, Judge Glanville says, Cornetta cannot continue to operate the Love Shack at its current location.

To obtain a regular business license, the contents of the store cannot exceed certain standards. If the inventory does, then Cornetta would need to apply for a sexually oriented business license. However, the store's location isn't zoned for that.

Cornetta says he's not concerned. He claims the inventory at the Johns Creek location falls below what would be deemed as sexually oriented.

Cornetta says he also plans on appealing Judge Glanville's ruling to the Georgia Supreme Court.

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.

Love Shack

It is time to stop the silly harrassment
February 21, 2008 | 04:30 PM

I want to know when John Creek is going to finally give up trying to harrass the Love Shack and leave people alone. It is a shame and an embarrassment that the city continues to try and keep people from patronizing a shop that people clearly want to shop at. Our tax dollars should not be going to advance the deranged views of a bunch of prude hypocrites. I saw the wife of one of the city officials who is fighting against the Love Shack inside the store recently, buying stuff just like everyone else. It's time to end this insanity folks.

Jane

Johns Creek Mayor Criticised After Radio Interview

Johns Creek Mayor Mike Bodker Discounts Efforts of Volunteer Firefighters and Says Johns Creek Residents Care About Other Topics More Than A Fire Department

In Radio Interview With The Regular Guys of Rock 100.5

In a radio interview with The Regular Guys of Atlanta’s Rock 100.5, Johns Creek Mayor Mike Bodker said a Fire Department is not a real one if it’s staffed with volunteers, ridiculed the Fulton County Government once again and said the Johns Creek residents don’t really care about having its own fire department.

The interview took place on Thursday, Feb. 14, 2008 as a radio debate between Mayor Bodker and The Regular Guys.

To listen to Mayor Bodker’s full interview with The Regular Guys visit www.LoveShackOnline.com/pressportal.html or www.RegularGuys.com.

Mayor Bodker insulted the nearly 800,000 volunteer firefighters in the United States when he said, “For many years you didn’t have a real fire department yourself.”

Mayor Bodker was referring to the city of Roswell because they used volunteers in the past. Volunteer firefighters account for nearly 73% of firefighters in the United States. Of the total estimated 1,064,150 firefighters across the country, 777,350 are volunteers.

In fact, the majority of fire departments in the United States are volunteers. Of the total 26,354 fire departments in the country, more than 23,000 of them are either mostly volunteer or all volunteer.

“Perhaps Mayor Bodker needs a history lesson as much as he needs assistance in governing Johns Creek,” said Love Shack owner John Cornetta. “I know his name is a relatively unknown one in the history of the United States, but some guy that helped draft the Declaration of Independence and invented bifocals also established the first volunteer fire department in 1736. His name is Benjamin Franklin.”

Later in the interview, when The Regular Guys said, “I don’t think you can call it (Johns Creek) a city if you don’t have your own fire department “, Mayor Bodker replied with “Why don’t we measure a couple of other things that people might actually care about.”

The questions must be asked of the citizens of Johns Creek, “Does your mayor really care about public safety? And do you care about having your own fire and police department?”

In an article written by Doug Nurse in The Atlanta Journal-Constitution on May 14, 2007, Nurse said the average response time for firefighters citywide is about 6 minutes, but it can take 11 minutes for county emergency workers to reach some parts of Johns Creek.

That’s nearly three times what the National Fire Protection Association recommends.

“Mayor Bodker has wasted more than $150,000 of the Johns Creek residents’ tax dollars to try to shut down the Love Shack in Johns Creek,” said Love Shack owner John Cornetta. “Despite the city of Johns Creek being in operation for more than a year now, the city still does not have its own fire or police department. Now Mayor Bodker has the audacity to appear on Atlanta radio and tell thousands of Atlanta’s volunteer firefighters that they don’t count as real firefighters!

“This man continues to prove that he is unfit and incompetent to complete his duties as Mayor of Johns Creek. He is a Mayor with no prior government experience and he ran unopposed in his quest to become Mayor of Johns Creek. Unfortunately for the thousands of Johns Creek residents, which includes myself, he has three more years in office.”

Mayor Bodker also continued his personal vendetta against Fulton County Government when he said on air, “I could say positive things about the (Fulton County) School System, I’m not going to say such positive things about Fulton County Government.”

But in the same interview he said, “We have hired Fulton County (firefighters). We utilize the fine young men and women of Fulton County to deliver those services today.”

This is the same Fulton County whom Mayor Bodker continually puts down and recently said in a press release posted on the Johns Creek website “Once again, a majority of Fulton County commissioners chose to throw their citizens to the wolves and abdicate their responsibility to preserve the community’s quality of life by failing to deal with their past mistakes,” Mayor Bodker said. “We keep paying and paying tax dollars to Fulton County leaders with the expectation that they will protect our citizens and our quality of life.”

This press release can be found in its entirety at http://johnscreekga.gov/news/2007-12-05_billboards.html .

Which is it Mayor Bodker? Is Fulton County Government good enough for you to rely on to supply emergency fire and police efforts to the citizens of Johns Creek or is the Fulton County Government failing to protect the Johns Creek citizens and preserve its quality of life?

Meanwhile, the Cornetta Charitable Foundation, the non-profit charity started by Cornetta, still has more than $4,000 money earmarked for the city of Johns Creek to build a fire department. This money has still not been accepted by the city of Johns Creek.

The Cornetta Charitable Foundation has already donated almost $4,000 to two families that saw a loved one perish in a Johns Creek fire on May 28, 2007.

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