2008-02-28  TOP STORIES |
Judge orders Love Shack in contempt
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| by Jennifer Brock | |
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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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Reader Comments
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Imagine $20,000 for one days legal work
April 04, 2008 | 09:05 PM
That is what Scott Bergtold charged us Johns Creek residents $20,000 for one days work. Yes the courts ordered me to pay it, and no, the city will never see that money from me as I will prevail on appeal, but think about this those with level heads, $20,000 for one day in court! How much has this cost us so far? And what has the city gained? What harm has the Love Shack done to anyone? I just do not understand the mentality. I personally hate tacos, should I push for the city to spend perhaps a million dollars to remove Taco Bell? Idiotic, perhaps JC'er and Sick if Attitude should go to the public library and pick out the books you two don't approve of and start a good fire. My god, welcome to 2008 people wake up, this is not 1938... read history to see what happened 70 years ago when narrow minded right wing thinkers had their way across Europe. Relax! It's only sex...
John Cornetta
"all that money??
March 13, 2008 | 04:39 PM
Hey Big Mouth did you miss the part where: "The city was awarded attorney's fees...."? That's YOU deep pockets!
Pay Up -- Shut Up -- and MOVE to where you are legal!
YOU are the disgusting one (not your store...)
Sick and tired of his attitude...
Big Mouth is back!
March 10, 2008 | 09:20 PM
Sorry all I was vacationing in Mexico... a little R&R!
ANYWAY....yawns..... I could not be reached by Jennifer as I said I was in Mexico but what this story doesn't say is that I'm still open, come on down and shop, the Love Shack is not going anywhere as I have said since day one oh and the one point everyone missed, Judge Glanville struck all Johns Creek studies and their high priced attorney Scott Bergtold's studies in this case so they now have an SOB ordinance that will not meet constitutional muster. It is impossible as they have no significant governmental interest in passing one. No more evidence is allowed in so where did all the money the city spent go? I'm open, their ordinance that was full proof is about to fall.... yes way to go Mayor Bodker and city staff.... way to go... waste all of that money and in the end just what I said would happen is happening.. good job..
John Cornetta
Cornetta's Legal Defense
March 10, 2008 | 05:29 PM
It seems that Cornetta's high priced lawyers have not been able to keep him out of contempt. Way to go Mayor Bodker and city staff. Interesting that big mouth Cornetta is so silent!!!
JC'er
