BROOKHAVEN, Ga. — A business owner filed a federal lawsuit against the City of Brookhaven for denying his business, which sells sex toys, a sign permit.
The manager of Stardust in Brookhaven claims his store is not a sexually oriented business because less than 35 percent of the items are “adult.” City leaders disagree.
Last week, Morrison filed a lawsuit in federal court. The lawsuit claims in part, “The city’s actions have deprived, and will continue to deprive, the plaintiffs of interests protected by the First Amendment to the United States Constitution, and corresponding provision of the Georgia Constitution.”
“The sign is up and it is not in conformance with our ordinance and the basis for that is that this is an illegal business that is in an improperly zoned area,” said Joe Gebbia, a Brookhaven city council member.
Gebbia said that when the store submitted an application for approval, they claimed they were a tobacco shop.
“In the eleventh hour they came back and said, ‘oh by the way we are going to change,’ which is improper zoning, so the sign is out of conformance,” Gebbia said.
“It is censorship. The City of Brookhaven has deemed they are going to legislate morality and they are doing so by holding our signage hostage,” said Michael Morrison, the manager, representing the investor partnership.
Brookhaven is no stranger to fighting the adult industry.
Just last week, the City agreed to a settlement which would require Pink Pony, a strip club, to shut down in six years, after a favorable Georgia Supreme Court ruling.
“They had a resounding victory against the Pink Pony and then they went and settled with them and let them stay for six more years, so it seems like the inmates are running the asylum in Brookhaven,” Morrison said.
“Whether or not we are getting fed up or annoyed, we are taking it to the end,” Gebbia said.