JOHNS CREEK, GA –John Cornetta, owner of the embattled Love Shack lingerie and adult video store, figures he’s the one now holding all the cards in his store’s ongoing battle with Fulton County and the new town of Johns Creek.“The status quo is, I’m there and I’m open. I’m grandfathered in,” Cornetta said, according to the Atlanta Journal-Constitution. “And any ordinance they pass, I’ll challenge it and I’ll beat it.”
Thus far, that notion has proven true for Cornetta and the Love Shack – inside the courtroom, at least.
Late last week, only a day before Johns Creek technically came into existence at 12:01am Friday, December 1st, Cornetta opened a new 10,000 square foot Love Shack at Jones Bridge and State Bridge roads, in what was soon to become the new Georgia town.
Citing an October ruling in federal court that enjoined enforcement of Fulton County’s adult entertainment ordinance, Cornetta asserts that Fulton County has no right to prevent his new store from opening, according to the Journal-Constitution. Cornetta also noted that, as his less than 25-percent of the store’s merchandise is “adult material,” the Love Shack is in compliance with county regulations anyway, and does not qualify as an adult entertainment establishment.
Fulton County has refused to issue Cornetta a regular business license, disputing Cornetta’s claim that his store does not qualify as an adult entertainment business and is subject to the stricter zoning regulations under the law. Cornetta has sued the county in both state and federal court, but no decision has been made in the case.
Fulton County Superior Court Judge Jerry Baxter declined to grant the County’s request to bar Cornetta from opening his new store, ruling from the bench that the county’s claim was not an “emergency,” and ought to be settled by the federal court handling the ongoing dispute between Cornetta and Fulton County.
“Obviously, we didn’t get what we wanted,” said Senior Fulton County Attorney Steve Rosenberg, according to the Journal-Constitution.
Johns Creek Mayor Mike Bodker pledged to fight on.
“We intend to do everything possible to protect the health, safety, and welfare of the citizens of Johns Creek,” Bodker said, according to the Journal-Constitution.
Hitherto, Fulton County has taken the lead in contesting the opening of Love Shack, because the County is responsible for providing all manner of services in the area until the new city government takes over, according to the Journal-Constitution.
Now that the city officially exists, officials plan to request Monday that the court allow them to officially enter the fight against the Love Shack, as well, Bodker said Thursday.
“We’re going to argue that the store is in violation of city ordinances and city code,” Bodker said. “We’re hoping the judge says ‘you shouldn’t have done that,’ and put chains on the doors.”
Rosenberg said he plans to ask the court to find Cornetta in contempt for opening his new store before the ongoing lawsuits resolve and because the business lacks the appropriate permits and zoning.
Cornetta told the Journal-Constitution he will argue, among other things, that the city’s ordinance is unconstitutional, that the Love Shack sells a sufficient amount of non-adult merchandise to qualify as a regular business, and that the Love Shack was legally open for business before Johns Creek became a functional city, and therefore should be “grandfathered” under Johns Creek law.
