U.S. Court sets Dec. 20 for Hearing on Adult Bookstore

Posted Wednesday, December 13, 2006

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Yesterday, U.S. District Judge Thomas Thrash denied the Love Shack’s request for an injunction against Fulton County, refusing to order the county to issue a business license for the adult bookstore. Thrash also temporarily approved the City’s petition to join Fulton County in the case as an interested party. He is expected to make a final ruling on that petition in due course.

“I am confident that in the end the courts will agree that Love Shack is an adult business, and therefore unsuitably located,” said Johns Creek Mayor Mike Bodker. “The City of Johns Creek has demonstrated, through their passage of ordinances and legal filings, that our citizens have a right to be a part of this case and I thank Judge Thrash for his understanding in this matter.”

At the same time, the court denied Fulton County’s request to hold the store in contempt of court for opening the business in Johns Creek (then still unincorporated Fulton County) on Nov. 29, 2006.

“Judge Thrash said the county needed to move for injunctive relief against the Love Shack, which they have already done,” said Johns Creek’s attorney Scott Bergthold. “If approved, the injunctive relief requested by the County would shut down the store,” added Bergthold, whose practice focuses on the drafting and defense of adult business regulations.

A hearing on that injunctive relief is set for Wednesday, Dec.20, 2006, at 1:30 p.m. in Courtroom 2108 in the U.S. District Courthouse, 75 Spring Street, Atlanta.

“I have complete confidence in the legal team that has been assembled by our Acting City Attorney, Bill Riley, and I encourage our citizens to continue to follow this case. I was pleased to see those dedicated citizens who made the trip down to Federal Court for yesterday’s hearing and I would hope the community will stay engaged and join us in court next week,” said Bodker.

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