Sandy Springs Wins Adult Entertainment Lawsuit

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SANDY SPRINGS, GA -- The U.S. District Court has ruled in favor of the city of Sandy Springs in its 10-year battle with the adult entertainment industry.

U.S. District Judge Leigh Martin May on Monday ruled that the city did not violate the U.S. Constitution in implementing code restrictions.

The 105-page judgement found the city “reasonably relied on judicial opinions, land use and crime impact reports, and witness observations to meet its burden of supporting its rationale that the ordinances may reduce the costs of secondary effects.”

Judge May also ruled that the City Council weighed materials submitted by the adult establishments and concluded them not credible “given the presence of the undesirable effects which are currently existing including alcohol abuse, fights, sex for hire, prostitution, diminished property values and deterioration of neighborhoods.”

“We are obviously pleased with the ruling,” said Sandy Springs Mayor Rusty Paul. “Judge May confirmed that the city was following a legal path in implementing city codes restricting where these types of businesses can locate and removing alcohol, an ingredient known to increase the rate of crime in these types of establishments.”

The case began in 2006 when adult entertainment clubs, Flashers and Mardi Gras, and bookstore, Inserection, challenged city codes, including a requirement for adult entertainment establishments to locate within specifically zoned areas of the city and prohibiting the sale, possession and consumption of alcohol in those establishments.

The named adult entertainment clubs filed suit in U.S. District Court, alleging that Sandy Springs was violating the First and Fourteenth Amendments.

When the city of Sandy Springs incorporated in 2005, it adopted Fulton County regulations, which include prohibition of alcohol in adult establishments.

Over the years, the city has adopted and amended its own regulations, including the passage of an update to city ordinances during the March 1 City Council meeting.

This update provides that any massage or spa establishment operating in violation of the city’s regulations may be declared a public nuisance, allowing the city to bring legal action to restrain, prohibit, and or enjoin the business or its operation.

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