The store, which owner John Cornetta called “the nicest of its kind,” has been fighting a two-front legal battle since it opened its doors Nov. 29.
Fulton County officials had filed suit against the store to keep it from opening, but Superior Court Judge Jerry Baxter declined to shut the store down, saying the federal court where Cornetta had filed suit was a better venue.
According to Cornetta, the state court suit was a last-minute effort on the part of the County to shut down his store.
“Fulton County tried to sandbag us, filing a lawsuit at 3:45 p.m. and telling us to be there at 4 p.m.,” Cornetta said. “But this judge said ‘no’ to the County.”
An elated Cornetta called his employees from the courthouse telling them that they had won the right to remain open for the time being.
Fulton County attorney Steven Rosenberg said he plans to continue to prosecute the case in federal court, where asked the judge to hold Cornetta in contempt for opening the store in advance of pending litigation.
The judge in the federal case denied Rosenberg's request and said he would not close the store while he hears the case.
"Today was a big victory for us," Cornetta told XBIZ. "We've beaten them every step of the way."
In the meantime, the newly incorporated city of Johns Creek, which formed as of Dec. 1, will seek to align itself with the county against Cornetta in federal court.
"We're going to argue that the store is in violation of city ordinances and city code," Mayor Mike Bodker said. "We're hoping the judge says you shouldn't have done that and put chains on the doors."
Under city law, Cornetta can prevail with a “grandfathered” business license if he can show that he was legally open for business prior to Johns Creek becoming a functional city.
Whether Cornetta was legally entitled to operate his business will be determined in the federal case.
According to Cornetta, he has the right to operate a business for 30 days prior to obtaining a business license.
Since becoming a city on Dec. 1., Johns Creek has passed several ordinances defining adult businesses and their inventory. The ordinances also regulate hours of operation and who can work in the stores.
Cornetta contends that his store operates as a regular business under local law because only 25 percent of his merchandise is adult material.
