A Brookhaven sex toy shop was again found in contempt of court after not paying a massive outstanding fine for violating city restrictions, according to the state Court of Appeals.
The Wednesday ruling was the latest development in a years-long battle between Stardust and the city of Brookhaven, which adopted rules in 2013 making it unlawful to operate a sexually oriented business near a similar business or a residential district.
Stardust, located on Buford Highway, opened in 2013 across the street from a residential area and next to the Pink Pony strip club, which pays a fee to the city to stay open, The Atlanta Journal-Constitution previously reported.
Since then, the store has been fined hundreds of times. In 2017, the city fined Stardust $210,000 because it displayed at least 1,000 “sexual devices” for a week. This classified it as a sexually oriented business, though the store deemed it an egregious fine for a one-week violation.
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Stardust is now compliant with Brookhaven code after reducing the number of adult toys it sells to under 100, store attorney Cary Wiggins told the AJC. It continued to fight the $210,000 fine, though the Court of Appeals opinion affirmed previous rulings that the fee was fair.
“(The store) has tried, repeatedly, to settle its outstanding contempt fines with the City,” Wiggins said in a statement. “But we’re talking to a brick wall. Were I a City of Brookhaven taxpayer, I’d be frustrated. This continued litigation is entirely unnecessary.”
In a statement, Brookhaven City Attorney Chris Balch said, “We are happy that the Court of Appeals reaffirmed that the City’s position was lawful, appropriate and just.”
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In a letter to the city in January, Stardust offered to effectively end its conflict with the city by paying $35,000 and dismissing its appeal of the larger fine. Wiggins said Brookhaven never responded.
Stardust owner Michael Morrison told the AJC that the store will not close following Wednesday’s ruling.
“Brookhaven basically found a way to enforce their beliefs or censor what they consider morality,” he said. “We’ve never been anything but a store that sells some adult toys and dancer outfits.”
Morrison said the fine is excessive, though he doesn’t know exactly how he will respond to the ruling.
“We’re gonna keep fighting the good fight and hopefully get this figured out,” he said.
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