U.S. Justices Won't Hear Sandy Springs, Ga., Adult Zoning Case

U.S. Justices Won't Hear Sandy Springs, Ga., Adult Zoning Case

WASHINGTON — The U.S. Supreme Court today declined to hear a challenge to a long-running adult zoning case, Flanigan’s Enterprises Inc., et al v. City of Sandy Springs, Ga.

U.S. justices denied certiorari without comment, leaving intact an 11th U.S. Circuit Court of Appeals ruling that sided with the city of Sandy Springs.

The 11th Circuit's decision in the eight-year-old case — involving Inserection, an adult video and sex toy and novelty store, and two strip clubs, Mardi Gras and Flashers — upheld a district court decision from a year ago that ruled the city’s ordinances involving adult entertainment businesses were not unconstitutional.

Controversy surrounding adult businesses in Sandy Springs started in December 2005 when the municipality was being incorporated while drafting its initial city codes.

The city created several regulations against adult businesses, including a ban on alcohol in the establishments and a ban on the public display of sex toys.

Sandy Springs also placed strong zoning restrictions on where these businesses could operate in the city.

Mardi Gras, Flashers and Inserection, however, existed within Sandy Springs before it became a municipality with its own city codes. The adult businesses were not grandfathered into the new code.

Throughout the eight years of legal action, both strip clubs have continued to sell alcohol. Intersection also has continued to display and sell sex-related products.

Last year, Sandy Springs’ city council moved to repeal language in an ordinance that labeled sex toys and novelties as "obscene." Council voted unanimously to rescind the law.

Attorney Cary Wiggins, who represented the adult businesses, told XBIZ: "We’re of course disappointed. Only a handful of people know why any particular petition is not granted. And here, we are not in the hand."

The Supreme Court's denial effectively gives the green light for the city of Sandy Springs to put the ordinance into effect.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Full Circle Introduces 'Be Savage' Apparel Collection

Full Circle Distribution has debuted the new Be Savage collection of lingerie, dresses, and accessories.

Blush Debuts 'Quantum X' Stroker From 'M for Men' Line

Blush has introduced the new Quantum X thrusting stroker from its M for Men line.

Show More