Newspaper Page Text
COMMUNITY
Moving up or Downsizing?
City may face another lawsuit
from adult-oriented business
BH MELISSA WEINMAN
melissaweinman@reporternewspapers.net
Brookhaven may be headed for
a court battle with a second Buford
Highway business.
Brookhaven officials say a store
called Stardust is violating the city’s
sexually- oriented business ordinance.
City code enforcement officers have
written the store 14 citations daily,
starting June 7.
The city accuses the store of operat
ing a sexual device shop without a li
cense, operating a sexually-oriented
business within 100 feet of another sex
ually-oriented business, and failing to
identify a line of business at the time of
business registration.
Stardust founder and COO Michael
Morrison argues that his business is not
a sexually-oriented business. He said
the store does sell some adult items,
but the majority of the merchandise is
smoking paraphernalia.
“We really are more of a typical wa
ter-pipe store with some adult toys,”
Morrison said. “We sell lots of female
bachelorette-type stuff. Our store is
pretty innocuous.”
Representatives of Stardust were
scheduled to appear in Brookhaven
Municipal Court on July 12. But Mor
rison said he plans to file suit against
the city in state court instead.
City officials declined to comment
on the citations.
“We cannot release any more de
tails, other than what the citations are
for, and do not wish to do an interview
at this time,” Brookhaven spokeswom
an Megan Matteucci said.
Brookhaven is already involved in
high-profile litigation with the Pink
Pony strip club, just a stone’s throw
from the Stardust shop.
“We probably got caught up in the
whirlwind that is the Pink Pony,” Mor
rison said.
The Pink Pony’s owners sued the city
over the sexually-oriented business or
dinance adopted by Brookhaven City
Council. The ordinance bans alcohol
and nude dancing, which the club’s
owners say would destroy their busi
ness.
Brookhaven’s sexually-oriented
business ordinance defines a sexual de
vice shop as a “commercial establish
ment that regularly features sexual de-
“We really are more of a
typical water-pipe store
with some adult toys.
We sell lots of female
bachelorette-type
stuff. Our store is
pretty innocuous.”
- MICHAEL MORRISON
STARDUST FOUNDER AND COO
vices.” The devices are described as
objects designed for sexual stimula
tion. The definition excludes from the
definition any pharmaceutical or med
ical items, such as those intended to
prevent pregnancy.
Displayed in frames behind the
counter at Stardust are the business’ oc
cupational tax certificate, retail tobacco
license and a Brookhaven Certificate of
Occupancy.
Morrison said he spoke to Brookhav
en officials before opening the business
to clarify the city’s regulations.
“We absolutely have a license. We
are correctly licensed for what we do.
By their definition we’re not even close
to being adult entertainment,” Morri
son said.
Morrison, an Oglethorpe Universi
ty alumnus, said he chose to open the
store at the Buford Highway location
because of its visibility from the street
and proximity to other entertainment
venues. He has plans to open five oth
er Stardust locations this year.
Morrison said he thinks Brookhav
en is going to get a negative reputation
in the business community if the city
“keeps up this silliness.”
“Entrepreneurs and business own
ers are going to go to cities that want
them,” Morrison said. “I think any
business should be encouraged as long
as they’re legal.”
Brookhaven Government Calendar
Brookhaven City Council usually meets on the second and fourth
Tuesdays of each month at 7 p.m. at locations to be determined.
For complete and up-to-date schedule of Brookhaven city meetings,
go to http://brookhavenga.gov .
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