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 © 2025 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

Honey Play Box Debuts 'Tressa' Vibrator

Honey Play Box introduced its new Tressa multi-stimulation, app-enabled vibrator.

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Blush Debuts 2 New Glass Plugs From 'Oh My Gem' Collection

Blush has introduced two new glass plugs, Lustre and Prestige, from its Oh My Gem collection.

EP Products Founder Don Wilson Passes Away

Don Wilson, the founder of EP Products and a notable figure in Canada's adult retail community, has passed away.

Orion Debuts 'Your Strap-On' Collection From 'You2Toys' Line

Orion Wholesale has introduced the Your Strap-On collection from its You2Toys line.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Stephen Colbert Takes Aim at Texas' Crackdown on Sex Toys

Stephen Colbert is cracking up over Texas lawmakers’ crackdown on sex toys in the state.

Jade Kimiko, Cecelia Taylor Headline 'Women Seeking Women 199'

Jade Kimiko and Cecelia Taylor topline “Women Seeking Women 199” from Girlfriends Films.

Show More