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

Williams Trading Co. Launches Pre-Black Friday Warehouse Sale

Williams Trading has launched its pre-Black Friday warehouse sale for retailers today.

Agatha Vega: From Venezuela to Venerated Vixen

Agatha Vega was brought up in a small neighborhood in Caracas, Venezuela, a city known for its urban dangers. Yet despite her surroundings, she says, she had very positive experiences growing up. With various relatives living in close proximity, she was always able to enjoy the company of her family.

Kylie LeBeau Makes Her Hookup Hotshot Debut

Kylie LeBeau has made her Hookup Hotshot (HUHS) debut alongside studio honcho Bryan Gozzling.

Vixen Media Group Extends Exclusive Contract With Dan Damage

Vixen Media Group has renewed its exclusive contract with Dan Damage.

Orion Unveils 6 New Styles From 'Noir Handmade' Line

Orion Wholesale has introduced six new clubwear styles from its Noir Handmade line of apparel.

Evil Angel to Drop JD's 'Transgressive 24'

Evil Angel debuts the 24th volume of director JD’s “Transgressive.”

BasisDx Adds Comfort Collect Device to 'Pro13' Home Testing Kit

PASS-certified home testing kit manufacturer BasisDx has added the new Comfort Collecting Device to its Pro13 kit.

Connie Perignon Stars in Latest From Brazzers

Connie Perignon stars with Jordi El Nino Polla in the latest release from Brazzers, titled "The Sneaky Masseur."

Sinatra Monroe Has 'A Classy Affair' in Ricky's Room

Sinatra Monroe stars in the latest release from Ricky's Room, titled "A Classy Affair."

XBIZ Honors Retail Edition to Light Up Hollywood Roosevelt Hotel

XBIZ is pleased to announce that the pleasure industry’s biggest night, the retail edition of the annual XBIZ Honors, set for Saturday, Jan. 18, will be held at the historic Hollywood Roosevelt Hotel.

Show More