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Federal judge orders adult bookstore to close

12/21/2006

A federal judge yesterday ordered the Love Shack to close its retail establishment located in Johns Creek until such time as it obtains proper zoning and permitting from either Fulton County or the City of Johns Creek or until further order of the Court. The closure order applies as long as Love Shack offers for sale a significant amount of sexually explicit product.

"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," said US District Court Judge Thomas Thrash.

Thrash's Dec. 20 ruling was in favor of Fulton County's request for injunctive relief after the store opened Nov. 29 without a business license or a proper certificate of occupancy. Fulton County still has zoning jurisdiction over the Love Shack.

"I want to thank Fulton County for going forward and insisting that the rule of law be followed," said Johns Creek Mayor Mike Bodker. "For the citizens of Johns Creek, and the citizens of Fulton County, this is a positive step in the legal process."

Thrash issued a 24-hour-stay of his ruling, giving the adult bookstore until today, Thursday, Dec. 21 at 3 pm to file an appeal with the 11th Circuit Court of Appeals.