Fulton County continues to request the closure of the adult bookstore that opened its doors in the City of Johns Creek last month without proper licensing, zoning or a valid occupancy permit. I would like to thank our county attorneys for their committed effort and vigorous defense of all the citizens of Fulton County.

We continue to support the position that, as an adult business, this store should not be operating in a location not zoned for such businesses. The owner has argued that he is not an adult business and should be treated like a regular business by the county.

On Dec. 20, in hearing Fulton County’s case for injunctive relief, U.S. District Court Judge Thomas Thrash stated: “It appears clear to me that the plaintiff is operating as an adult business store and is operating illegally. I will order the plaintiff to cease business immediately.”

Judge Thrash ordered that the owner must shut his doors, though according to his ruling, the closure applies only as long as the store offers for sale a significant amount of certain adult materials.

Because the store remains open with a significant amount of sexually explicit items, Fulton County has filed a motion to have the store held in contempt of the federal court’s order.

A hearing on that motion will be held Tuesday, Jan. 2, 2007 at 1:30 p.m. in Courtroom 2108 of the U.S. District Court, 75 Spring Street, Atlanta.

I applaud Judge Thrash for his efforts to force this business to comply with the law and regret that its owner continues to skirt the very laws that are here to protect us. I thank the community for their continued patience.

Additionally, the City of Johns Creek is planning to file a motion requesting the Court to reconsider its decision yesterday to deny City’s motion to intervene in the case. Under the relevant court rules, we believe Johns Creek has a clear interest in the outcome of the case between the store and Fulton County, and that interest is sufficient to allow the City’s participation in this case.

Thank you for your continued interest in this case that affects our community. Please check back here for updates, as we will endeavor to promptly notify our citizens of developments as they occur.

Respectfully,

Mike Bodker
Mayor, City of Johns Creek