On Thursday, the city notified the Buford Highway area adult establishment that it would temporarily refrain from enforcing the following regulations:
prohibition on nudity on the premises of a sexually oriented business;
restriction on the hours of operation of a sexually oriented business and
prohibition on nudity or semi-nudity in conjunction with the service or consumption of alcoholic beverages.
“The city believes that this offer will facilitate an orderly judicial resolution of plaintiff’s claims and thereby conserve the resources of all parties,” City Attorney William F. Riley Jr. said in a letter delivered to Pink Pony attorneys Thursday.
In May, the Pink Pony filed suit against the city, mayor, city council and city clerk, in response to the city’s sexually oriented business and alcohol ordinances, which are modeled after others that have been upheld in Georgia. The city is currently drafting a response to the suit, and anticipates asking the court for a hearing on the validity of its ordinances in the near future.
“Courts in Georgia and throughout the nation have upheld similar ordinances and we believe that the city’s ordinances are constitutional as well,” Riley said.
The city’s ordinances mirror those in DeKalb County, Fulton County, Doraville, Sandy Springs, Johns Creek and other nearby jurisdictions. Prior to the city’s incorporation, DeKalb County had agreed to waive enforcement of its ordinances against several adult establishments in exchange for a fee. Brookhaven has refused to take money from this industry in exchange for letting the industry ignore these regulations.
“Brookhaven adopted this ordinance using the same litmus test we use for every action we take — to protect the health, safety and welfare of Brookhaven’s residents and businesses, and to make the city a great community in which to live,” Mayor J. Max Davis said.
Since the city’s inception, another sexually oriented business has opened in Brookhaven and has recently been cited for violating the city’s ordinances. Stardust adult store on Buford Highway has been cited on multiple violations and is scheduled to be in Brookhaven Municipal Court July 12.