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2008-02-28  TOP STORIES | Judge orders Love Shack in contempt
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| | by Jennifer Brock | |  |
March 10, 2008
JOHNS CREEK -- Could the doors to the Love Shack close sometime soon? After the city of Johns Creek filed a motion for contempt in Fulton County Superior Court last Friday, Judge Ural Glanville ruled March 10 that the store on State Bridge Road is in contempt for continuing to operate a sexually oriented business.
"We're very pleased with the outcome," said Bill Doughty, communications director for the city of Johns Creek.
According to Doughty, the judge found the Love Shack to be in criminal and civil contempt. Glanville imposed a one-time $500 fine for criminal contempt, which is the maximum by law.
He also ordered that the store will be subject to a $3,000 per day fine beginning March 11 for every day that the Love Shack operates without being in compliance with the city's sexually oriented business.
The city was awarded attorney's fees but a figure was not available as of press time.
Doughty said the judge told the defense attorney that if the store does not comply with the court order, it could lead to jail time for John Cornetta, owner of the Love Shack, or a possible shut down of the business.
Fulton County Superior Court Judge Ural Glanville granted the city's request for a permanent injunction against the Love Shack in a verbal order on Feb. 21.
The injunction ordered that the Love Shack could not operate in violation of city ordinances, specifically that it couldn't operate with a business license or operate a sexually oriented business in an area not zoned for that. The Love Shack's location is in an area not zoned for a sexually oriented business.
Johns Creek code enforcement officers made multiple visits to the Love Shack after the city received Glanville's written order Feb. 28.
"We have conducted several store inspections that indicate that the business continues to operate in violation of Johns Creek's ordinances and therefore is in violation of the court's order," said Mayor Mike Bodker.
Officers found the business continues to meet the city's definition of a sexually oriented business including:
At least 25 percent of the establishment's displayed merchandise consists of adult materials.
The establishment devotes at least 25 percent of its interior business space or at least 500 square feet of its interior business space to the display, sale and or rental of adult materials.
The establishment regularly offers for sale or rental at least 1,000 adult items.
In addition to the criteria that would classify the Love Shack as an adult bookstore and/or an adult video store, the business also sells sexual devices, which places it in another category of sexually oriented businesses according to the city's ordinance.
Doughty said code enforcement officials will continue to inspect the store on a regular basis and if the examinations show the store continues to operate under what Johns Creek considers to be a sexually oriented business, the city will file another contempt motion.
The business was denied a 2007 business license because it was deemed to be a sexually oriented business. Cornetta applied for a 2008 license on Feb. 26 but the city has not yet acted on the application.
Cornetta has previously said the Love Shack is in compliance with city ordinances. He could not be reach for comment for this article as of press time.
Cornetta has three options, according to Bodker, including:
Bring the store into compliance so it does not constitute a sexually oriented business.
Relocate the business to an area zoned for sexually oriented businesses.
Cease operation.
"That has been our position all along," Bodker said. "We simply want the business to operate in compliance with city ordinances, the same expectation we have for all Johns Creek businesses."
The city's motion also requests the Love Shack be fined $500 as well as a $3,000 fine per day until the store complies with city ordinances.
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