Tokyo Valentino’s attorney characterized both court decisions as a victory for freedom of speech.
“The business has rights,” said attorney Cary Wiggins. “We are relying on the courts to protect those rights. So far, so good.”
Gwinnett County did not respond to a request for comment. In court briefs, the county argued its ordinance is legal.
Tokyo Valentino opened in July 2015 as a tobacco, apparel and novelty store. Later, it began selling sexually explicit media and paraphernalia.
Gwinnett officials said the store needs an adult entertainment license. But they imposed a moratorium on such licenses while they reviewed the county's ordinance. They later approved an ordinance that limits stores that sell sexual devices to properties zoned for manufacturing. Tokyo Valentino operates in an area zoned commercial.
The store filed the federal lawsuit last year, saying Gwinnett had deprived it of its rights to due process.