Update on legal status of adult bookstore

January 10, 2007

Fellow citizens,

On Jan. 3, 2007 U.S. District Court Judge Thomas Thrash found that the operators of the adult bookstore located at the intersection of Jones Bridge and State Bridge Roads in the City of Johns Creek were in contempt of the court order of Dec. 20. In that order the store was directed to shut its doors as long as the store continued to sell a significant amount of adult materials.

In the ruling, Judge Thrash found that Fulton County had shown "by clear and convincing evidence that the Plaintiffs currently offer a significant amount of adult, sexually explicit material for sale at the Love Shack and that they are in contempt" of the court's earlier ruling.

The store was ordered to close its doors or comply with the ruling by 3:00 p.m. Jan. 4. However, the order terminated at 12:01 am Jan. 5, due to the fact that the City of Johns Creek took over business licensing and zoning from Fulton County at that time.

On Jan. 5 the City of Johns Creek began accepting applications for business licenses. The City maintains that the store is operating as a sexually-oriented business as defined by our City Code and as such is operating illegally.

The City will seek all legal remedies to see that proper zoning and licensing procedures are followed. Additionally, the City has filed a motion asking the federal court to reconsider its decision to deny our motion to intervene in the case. It is our position that the citizens of Johns Creek have a clear interest in the outcome of this case.

Despite media reports that the owner of the store intended to file suit against the City of Johns Creek, as of Jan. 9, no such action has been filed.

Thank you for your continued interest in the proceedings and in all that affects our citizens. Please continue to check back here for updates. We will do our best to notify the public as events unfold.

Respectfully,

Mike Bodker
Mayor