"We're still open, and I'm not in jail," Cornetta told the Atlanta Journal-Constitution.
U.S. District Judge Thomas W. Thrash Jr. said that Love Shack owner John Cornetta could face fines for continuing to sell "a significant amount" of adult material in defiance of a court order.
In a late-December hearing, Love Shack offered to reduce its adult material to approximately 5 percent of its retail stock but the company admits that it still offers 2,300 adult DVDs and 1,600 sex toys.
“This is a significant amount within the meaning of this court’s December order,” wrote Thrash, who has refused to define what “a significant amount” of adult material was.
But Thrash suspended enforcement of the $1,000-per-day fine included in the order, until end of day Friday.
Now Cornetta said that he planned to increase the store's inventory back up to 25 percent adult, unless his lawyers tell him not to.
Shortly after opening in late November, the Love Shack, a 10,000-square-foot adult video and novelty retail establishment, began its federal case against Fulton County, which has refused to give the store its business license.
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.
In previous filings, the judge in the federal case denied Rosenberg's request and said he would not close the store while he hears the case.
