Sandy Springs wins ruling on sex businesses

Adult bookstore, strip clubs had sued over restrictions.

It’s OK for Sandy Springs to say sex doesn’t sell there, judges say.

Unless they file an appeal, an adult bookstore and two strip clubs must close or move out of the city in north Fulton County.

The federal 11th Circuit Court of Appeals sided with Sandy Springs this week, ruling the city’s ordinances on adult entertainment businesses were not unconstitutional. This decision upholds a district court ruling from a year ago.

“The city is obviously pleased with the ruling,” Sandy Springs spokeswoman Sharon Kraun said in a statement. “This has been a long process, and we are happy with the decision.”

An attorney on the plaintiff’s side, Cary Wiggins, said he and his clients are “reviewing the court’s opinion and exploring options.”

Wiggins said in a statement: “It is an unfortunate development. My clients today, as they have always, hold out hope that the city will explore ways to work with them, rather than to close them.”

This is the latest chapter in a legal battle that dates to 2006, a year after Sandy Springs became a city. The plaintiffs are Intersection, an adult video and bookstore; and two strip clubs, Mardi Gras and Flashers.

In December 2005, while drafting its initial codes, the city created several regulations against adult entertainment businesses, including a ban on alcoholic beverages and a ban on the public display of sex toys. The city also placed zoning restrictions on where these businesses could operate.

But those three businesses existed within Sandy Springs before it became a municipality with its own city laws.

Both strip clubs have continued to sell alcohol, and Intersection has continued to display and sell sexually explicit media, sexual devices and other sex-related products. Sandy Springs has since scrapped its ban on the sale of sex toys and devices, but Intersection’s location in the city is still at issue.

The businesses have 30 days to appeal the decision, which could ultimately send it to the U.S. Supreme Court.