AJC > NorthSide > Blog > Archives > 2006 > December > 09 > Entry
Love Shack: Free speech or a zoning issue?
The Atlanta Journal-Constitution
A wag on the Northside Vent offers this analysis on Johns Creek’s battle with the owner of the Love Shack adult entertainment store:
“The Love Shack is not a constitutional question, it is a local zoning issue. Many supported cityhood to have more input in zoning issues — this is one.”
Do you agree? Why or why not?
Update: Commenting on this topic is closed for now. Thanks for participating.
Permalink | Comments (36) | Categories: Johns Creek




DEL.ICIO.US


Comments
Commenting is now closed for this entry.
By jeff
December 11, 2006 02:52 PM | Link to this
It’s a bit of both free speech and zoning. Bottom line is if 25% or less of his merchandise is adult material, then it’s not an adult establishment, it’s a retail establishment. Personally, I love watching all of these older residents get so bent out of shape over it. Hopefully, they will really make him mad and he will open up 5 Love Shacks there like he threatened to do on the news.
By HighPriest
December 11, 2006 02:59 PM | Link to this
Hopefully this guy will be allowed to open his store! Then the folks of North Fulton won’t have to travel all the way downtown to Southern Nights. They’ve GOT to tell their wives to shut the hell up. This store will save them gas money.
By david corr
December 11, 2006 03:03 PM | Link to this
This is a Free Speech and Private Property Rights Issue. Johns Creek Politicians remind one of the Taliban and a bunch of Fascist Dictators. They have no respect for Liberty or The First Amendment. John Cornetta is a great man and I hope he wins in court and opens more stores to serve consumers. We also need Nude Bars and Massage Spas in Johns Creek!
By Rebecca
December 11, 2006 03:05 PM | Link to this
I’ve never understood the protests - just a bunch of bedroom fascists trying to dictate what people do in their own homes under the guise of “community concerns.” Go Cornetta - if I still lived in what’s now John’s Creek, I’d be shopping at your superstore!
By Tommy
December 11, 2006 03:06 PM | Link to this
If he wasnt following the law he would be padlocked…the city is looking for ways that THEY can circumvent the law…I hope he wins. I will be telling EVERYONE I know from my 10,000 hits a day website to acknowledge Johns Creek as their adult venue supply location of choice.
By Justin M
December 11, 2006 03:07 PM | Link to this
You know… if he didn’t have customers there, he wouldn’t open a store there. If people really “didn’t want the smut” in the area, they wouldn’t go into the store and buy the “smut.”
This is just a matter of a few dozen people getting upset because a few hundred of their neighbors have more fun than they do.
People in Atlanta need to learn to stop forcing their ‘morals’ on others. If you don’t like the store, don’t go there. If he has no customers, he will close. Simple enough.
By Jim
December 11, 2006 03:07 PM | Link to this
What’s the big deal? If you don’t want to shop there then don’t. I live a half mile away and could care less if it stays open.
By CD
December 11, 2006 03:07 PM | Link to this
Love the Shack. Let’s face it - this is about our puritanical attitudes towards s*x, and various attempts to legislate or zone it out of sight. If Johns Creek residents don’t want the store, don’t spend money there and it will close. If it stays open, it is because Johns Creek’s residents want what the Shack has to sell. Market forces are a pretty good indicator of what residents really want, versus meetings where perhaps only the opinions of the vocal minority are represented.
By CD
December 11, 2006 03:24 PM | Link to this
Love the Shack. Let’s face it - this is about our puritanical attitudes towards s*x, and various attempts to legislate or zone it out of sight. If Johns Creek residents don’t want the store, don’t spend money there and it will close. If it stays open, it is because Johns Creek’s residents want what the Shack has to sell. Market forces are a pretty good indicator of what residents really want, versus meetings where perhaps only the opinions of the vocal minority are represented.
By Soulman
December 11, 2006 03:26 PM | Link to this
The reason for zoning laws are to protect the value and standard of living of the property owners. I will bet you none of the slackers posting here in favor of the Love Shack own homes or businesses near the store.
I live right near this Love Shack location so it has a direct impact on my everyday life and property. It has hardly any impact on someone who does not live near it and just sits there casting moral judgement on all the “older residents” in Johns Creek (I am a ripe old 29). I personally dont want to see my home value lose $40,000 like it did in PA when an adult store opened down the street from my home. Everyone who looked at the home had concerns about the sex store.
I wonder how many collective millions the neighborhood across the street will lose in property values because of unenforced zoning. Property owners have rights too. Not just millionaire, Maserati driving, pornography moguls.
I really dont care about what a business whats to sell. I just wont shop there. But zoning laws exists for a reason.
I think next week I want to open a new methadone clinic in downtown Vinings. Then sue everyone for violating my free speech when they oppose it. Its not free speech, its common sense.
By scott
December 11, 2006 03:29 PM | Link to this
If it is the moral ground that is the problem, close the huge liquor store that is even closer to the dance school. Close the one on the other side of the intersection also. I guess this is apples and oranges (being facetious just in case you thought I was serious)
By scott
December 11, 2006 03:33 PM | Link to this
How does not working, living, or having a business in john’s creek equate to being a slacker? I missed that one. Are those two liquor stores driving your property values down?
By Greg
December 11, 2006 03:43 PM | Link to this
Supply and demand. There’s obviously a demand. If you don’t want to shop there then don’t, but don’t pretend Johns Creek is a precious oasis. Its just Duluth with a different name. These new cities are ridiculous anyway, all they do is create more taxes and hurt other parts of the county.
By Soulman
December 11, 2006 03:51 PM | Link to this
I did not say that people who dont have businesses in JC are slackers. I said that slackers probably dont have businesses in JC. It is pretty obvious that you would miss that one…
No, liquor stores dont really drive down values too much. But, suprisingly, porn stores do.
By david corr
December 11, 2006 03:54 PM | Link to this
Actually a 1997 Fulton Study proved adult businesses do not lower property values or increase crime and that study was cited by the 11th Circuit when it strickened Fulton’s Nude Dancing Ordinance. I would love to live near Adult Entertainment Emporiums as Studies show my property values would increase,not decrease as the puritannical slacker falsely asserted.
By Eric
December 11, 2006 03:57 PM | Link to this
of course there is a demand. but i bet there would be a demand not next to a school bus stop and childrens dance studio and as well. that is all JC is saying.
i think i will put up a billboard calling you an idiot and call it free speech.
hey greg, our taxes are actually going down in johns creek. i personally am glad we are not fixing roads 75 miles away anymore.
By Soulman
December 11, 2006 04:02 PM | Link to this
David, take a 100 families with children and ask that parents if they would like to live next to a pornography shop or not. That is your answer on property values.
Maybe I can show potential homebuyers the 1997 Fulton Study when they are buying a home. That should put their mind at ease.
Have some common sense.
By War Eagle
December 11, 2006 04:21 PM | Link to this
we should outlaw Laura Mallory and her puritanical crusade against the Gwinnett school system. She should be banned for causing a public nuisance. As for the Love shack-it’s small business enterprise. You puritanical Christians have got to stop this Church garbage. would you rather have a large church with parking for 10,000 move in down the street and prevent you from getting out of your driveway?
By Reece
December 11, 2006 04:24 PM | Link to this
I’ve been made privy to information that John’s Creek may have Weapons of Mass Destruction. That being the case, we must immediately prepare to invade John’s Creek and spread some democracy. I’ll be the deciderererer this time. Talibaptists better be on your toes, we will be preparing a place for you in Forsyth County that’s gonna make Gitmo look like Disneyland.
By Jake
December 11, 2006 04:43 PM | Link to this
Soulman, JC isn’t like a grid layour northern city. I live very near the store and could care less about it. There are very few actual houses within a 1/4 mile of the store. In the Atlanta area we all know that no one walks anywhere so it’s a drive-up businedd just like all the others in the area.
I’m not even remotely worried about this lowering my property value. If you narrow minded puritans would stop the crusading this wouldn’t even be a story.
By jerry
December 11, 2006 04:51 PM | Link to this
Soulman needs to be the one speaking on the news. At least your opinions are well thought out. They always seem to interview an old hick who just make people from the south look like idiots. If you’re against it, please say something intelligent other than…”Harold…what are we gone do about this porn shop in our back yard”
By scott
December 11, 2006 05:13 PM | Link to this
taco bell, dc beverage, and the love shack, Soul Man I am beginning to understand your angst.
By Gottabekiddin
December 11, 2006 05:42 PM | Link to this
You guys are a riot. If you don’t think that adult establishments lower property values then just look at the areas around those that already exist. Soulman has it right, when you go to sell and the potential buyer sees the Love Shack next door the word out of their mouth to the realtor is “Next..” The liquor stores don’t have the same impact. I’ve got nothing against the Love Shack, provided it is located in a nice seedy industrial zone where it belongs.
By Lawrenceville Resident
December 11, 2006 05:52 PM | Link to this
Soulman - I understand your feelings and that you are personally invested because you own property near this store.
We don’t have a liquor store in my zip code but we do have a sex shop, and I bet that most residents would be hard pressed to tell you where it is or even the name. (Starship Enterprises at Sugarloaf & Old Norcross)
My point is don’t make such a fuss. Although you personally don’t like it people in opposition are actually fueling the success of this establishment.
Free publicity, curiosity and sales will encourage this owner to do everything in his legal power to fight to stay open.
I really agree with the folks that say you are overreacting about property values. There are a lot of factors that affect property values. I would think becoming a city would have a much greater impact on real estate in John’s Creek than ANY retail business.
I am also sick of this dance studio being held up as some bastion of naiveté for children. Are there any Children in the metro area that are completely sheltered from Adult Businesses? Pick-up the yellow pages in your own house right now it is chock full of so-called smut.
Responsible parents I’m sure will answer any questions that arise thoughtfully and those answers will be based on your families belief system. It goes back to this very public and vehement opposition that some insist on rising.
My guess is that some in the community want that kind of fame and notoriety that comes with being publicly righteous. Then it will be assumed that you are honest, moral, caring…and so forth. And these intentions may be genuine and good. But you know what they say about good intentions.
By Jake
December 11, 2006 05:53 PM | Link to this
Gottabekiddin your name says it all. There are NO houses “next door” to Love Shack. It’s surrounded by other businesses. And the property values in areas where most adult businesses are located weren’t great to begin with.
By john's creek resident
December 11, 2006 06:13 PM | Link to this
1) I live in John’s Creek (I voted to become part of Roswell, by the way…) 2) I have two daughters (ages 1 and 5) 3) My wife works in the criminal justice field with rapists and child molesters and yet… 4) I am embarassed that John’s Creek is making such a fuss about this. I say that it’s about time we had a good sex shop up here! These blowhards need to get a life and stop trying to tell other people how to live! If you don’t like what they sell, then don’t go in there to buy it! Or on second thought, go in and expand your mind a bit…
By R
December 11, 2006 07:24 PM | Link to this
Dang, I wanted a strip club, not a perv shop.
By RogerK
December 11, 2006 08:32 PM | Link to this
Jake has obviously not been to the location so it is fair to discount what he is saying.
By david corr
December 11, 2006 08:44 PM | Link to this
Soulman google 1997 Fulton Study on Secondary Effects and You will see that the Study and others prove Nude Bars and Porn Shops are good for communities and increase property values and lower crime rates and generate economic activity and tourism. This is why the 11th Circuit stricken Fulton’s Adult Ordinance in Flanigan’s V Fulton County. Grow up!
By Sven Norway
December 11, 2006 09:53 PM | Link to this
Someone needs to look at what these stores sell and hopefully lose the term Porn. The products largely are for realtionship enhancement. Lubricants, just like target and Walmart (save big on Astroglide). Products that allow couples to grow closer and enjoy themselves. Maybe the Porn is lingerie like Vivtorias secret, maybe it is things that shake, just like those at Walgreens. Give it a rest - this chain of store is well executed and should actually benefit surrounding business as a destination retailer. It is the love Shack not the Jack Shack. Visit the place and see what it is really about.
By Tina Crenshaw
December 11, 2006 09:55 PM | Link to this
My daughters go to the dance academy right across the street from that horrible store. When I arrived in my minivan to pick up my girls they were playing with a purple and pink “novelty item” they found in the parking lot. Apparently one of the patrons of that Love Hut had opened a package and it rolled under a car. I took it from my girls and washed their hands with bleach. Then we all went to the Baptist church. This has to stop!
By scott
December 11, 2006 10:09 PM | Link to this
Tina,
If it were an empty liqour or beer bottle would you fight to get dc beverage closed? It appears you do not have a problem driving past a liquor store everytime they go to the dance class. Please stop using the dance studio as an excuse.
By John Cornetta
December 11, 2006 10:15 PM | Link to this
I am sure some here will give me a real shellacking but I have decided to post anyway. I really appreciate the support I have read here on this blog and I want to do my best to address some of the concerns raised by some who are against my store.
1) I own a home les then 2500 feet from this store. I am not worried about property value.
2) I followed the law people. What does that say? If the law at the time said, and it did, that if less then 25% of your stock in trade was of an adult nature, you do not need an adult license and can operate in any retail area. I did not write this law, I simply complied with it. You know against all advise, I wanted to do this one right. I told the land lord what I was going to do, I told the county up front. I even hand wrote on my business license application, where it asks if you will be an adult business, YES, however I will carry less then the 25% as allowed by code section ( intentionally left out ) Does that not even count. Advisors told me, John they will lie and cheat and still not give it to you. I said hey man, if they do that where are we at as a society? Isn’t that like denying a man of color the right to protest in the 60’s? And they said yes, it is just the new form of discrimination. That is when I said, we will do it the right way anyway. And if that is so, and they do this to me then we need to shake the trees of government.
My point is if government can abuse power when they are wrong, what will they do when they are right or when the facts and laws are on their side? As much as I feel for those who have these concerns I feel more obligated to not allow elected officials to abuse the very power we have given them. Yes the Fulton study ( done by the Fulton Government by the way) shows no adverse secondary effects. However that is not even the point here. The point is, what if there was a law that said in order to get a dance studio license, you needed to do blank and blank. Then you do blank and blank only to find out you still don’t get your license. Why? Because it is a rallying cry for a new city? A rallying cry for a mayor making a name for himself? Or is it because un known to you, someone on the board of commissioners has an investment and his sister in law owns the other dance studio down the street? I don’t know, all I do know is that absolute power equals absolute corruption.
Lets not forget people, that this great land was built by people who were called traitors. Rebels who stood up and said no, you will not abuse your power. When did this all change? Again I do understand your concerns, I hope you understand mine. This isn’t about the money, it is about being right, it is about being able to give people choices to read and see speech that they choose, not government.
Does it not bother you that at any time of the night you can see blood and guts and solders killed on TV, but my store is evil?
Lastly, I extend an offer as I have time and time again to work with the people of this community in a meaningful way. A way that doesn’t start and end with ” Just close your doors”. I am open to suggestions from fencing, to security, to donating part of our proceeds to educate on home and sexual issues, to paying for more police, to taking part of my rented space and making it a Johns Creek police substation with an officer there at all times. I am willing to work with people. I want to co-exist.
I am sickened by children being prey to perverts, women being raped or anything of the nature. Yet I assure you, all that I know about this business leads me to believe there is no connection between the two and I will do everything in my power to see that those things never happen in our neighborhood. I ask you one last question and then leave you with one of my favorite quotes.
When the mayor says he is doing what his constituents want. How does he know that? Has he taken a vote or has the vocal minority simply gotten what they wanted.
and
“Restriction on free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us.”
William O. Douglas, U.S. Supreme Court Justice 1939-1975
I truly wish you all the best, and for those that still are against this I encourage you to use your rights under the First Amendment to voice your concerns and even to picket. I wouldn’t have it any other way. Lets just not ever say ” The US Bill of Rights. Only applied when necessary.
Regards,
John J. Cornetta
By JC Res
December 11, 2006 10:42 PM | Link to this
John Cornetta… The freedom fighter. Hey, hes such a rebel. Its insane that you think the county is “abusing” its power. You found a loophole with the 25% thing. That is why you store is so large. So you can fill it up with “everyday” stuff that does not sell to constitute 75% of your stock. Meanwhile, the other 25% is hardcore videos, etc. Your adult material collection is easily the size of your other stores stock.
If your business is not an “adult” business, then what would you call it? Everyone who is everyone has and will call it an adult entertainment business. It is not an issue of semantics. That is what it is.
Listen, I am not against porn. Heck, I like porn. I also like power plants. But you cant put power plants just anywhere. There are secondary effects to power plants. Luckily, property owners usually have protection from that sort of thing. There are also substanial secondary effects (my husband is a Realtor) as they relate to property values and adult businesses. David Corr must have visited one of your smoke shops because he has to be smoking something… And I would dump your home now, because it will decrease in value.
By Paul
December 11, 2006 11:25 PM | Link to this
It’s a real shame the pack of fascist that think they have some sort of right to define a mans business for him. The building is zoned for commercial retail, and that is what it’s being used for. Don’t like it? you should have thought of that before you either purchased there, or quietly allowed it to be zoned for retail. To the woman who claims her children were palying with an adult novelty the only thing I have to ask you, is where was the supervision that children of that age should have been getting? I think you’ve got a bigger problem than them waving around something they didn’t understand (if it happened at all). To the person who said this belongs in a dangerous seedy warehouse district - I think you don’t care about the rights of others, if it’s permitted in the seedy part of town then has every right to be right next to city hall.
This is nothing less than an attempt to legislate morals.
By Tina
December 12, 2006 08:21 AM | Link to this
“This is nothing less than an attempt to legislate morals.”
As they should do. This issue is much too complex for my small mind. It is far better for others to tell me what to do. I’m so pleased that after working so hard in this country to get our rights that we have seen fit to give them all back to the government, which is our wonderful protector from evil things like the Love Shack.