U.S. District Court Judge Thomas Thrash rejected a claim by Love Shack owner John Cornetta that the retail establishment complied with Fulton County rules and should be treated as a regular store. However, Thrash did allow Cornetta a small reprieve — giving him until 3 p.m. to file an appeal.
Immediately after the federal court granted the county’s request for a preliminary injunction to close the store, Cornetta and his attorneys filed a notice of appeal with the 11th Circuit Court of Appeals.
In his ruling, Thrash said it was clear to him that Cornetta was operating an adult store without proper permits and in violation of local zoning ordinances. He then warned Cornetta that if he stayed open with a “significant” amount of adult material, he would risk being held in contempt of court. However, the judge refused to define what a “significant” amount of adult material was.
“The judge was completely off-base and off the law,” Cornetta said. “Can they have a sign that says 'Don't drive too fast through town' — but we're not telling what that means? The 11th Circuit is going to remand it to him, I guarantee it.”
This latest turn in the legal saga of the Love Shack marks a setback for Cornetta, who last week won a small victory in a state court when Judge Jerry Baxter tossed out the county’s claim that the store was open in violation of local laws. Baxter said the federal court, where Cornetta had earlier filed a case to force the county to issue him a business license, was a better venue for the matter.
There is no word yet on when the 11th Circuit will hear Cornetta’s appeal.
The Love Shack remains open pending appeal.
