July 28, 2017
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31 Comments on "Legal tab in Brookhaven ‘sexual device shop’ case swells to $300K"

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Tim Wilson
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Tim Wilson

I’m all for beating up on Brookhaven when they have done something wrong but in this case the business owner was not truthful on their application. And it is costing us taxpayers dearly. Stardust get over yourself and do the right thing. Stop costing us an arm and a leg (and other parts) trying to convince the courts you are the victim here.

Dean
Guest
Dean

Tim, how do you feel about a business that has been operating for 20 plus years and then the area becomes a city and the city tries to shut the business down with “ordinances”?

Tim Wilson
Guest
Tim Wilson

Dean this aint about boobies and beer. Nice try to spin but not working. This is about a business that came in after the city formed and lied on their bus app. They should go. Or nix the dildo sales.

Dean
Guest
Dean

Tim, it’s the same law being brought by a group of people never mentioning this was such a big deal when we were talking about a city. You know, a sexually oriented business. The one Brookhaven spent all of the money on that smiling attorney in the picture above hoping to close down the beer and boobies business.

What you really mean is it’s OK to lie to people but only if you were affiliated with Brookhaven Yes or an elected Brookhaven official.

Heather
Guest
Heather

It’s pretty comedic that Brookhaven defines places that sell uh, massagers as an “adult ‘entertainment’ establishment”.

Do we have a a Sharper Image because they sell them there as well.

So silly. Maybe the city should block Amazon Prime because you can buy far kinkier stuff there.

Coercion Defined
Guest
Coercion Defined

@Tim Wilson,

You’re right. It’s definitely not about Boobies and Beer. It’s about them giving the city their access to the Peachtree Creek.

Tim Wilson
Guest
Tim Wilson

Y’all be cray cray! Nay Nay Say Say! This business owner lied. That’s the reality here. The conspiracy theorists abound! Y’all be sure to stop by the Stardust liar business for some refreshments when y’all are hiking along the brand new Brookhaven Beltline. Be sure not to drop your change.

Dist. 1 Moral Patrol
Guest
Dist. 1 Moral Patrol

TW, you give up so easily. Your facts are nonexistent and lets take a real look at who the liars all are among us. This was a pure sucker play by Bergthold on a new city that has reaped him 6 figure paychecks from taxpayers that had no say and no problem with the SOB’s. This should have been easily settled 4 years ago. Government waste at it’s finest.

Bottom Line
Guest
Bottom Line

The former mayor stood up in a council meeting and publicly applauded Lips Grand Opening. Then the city turned around and harasses businesses that are, at a minimum, in the same industry.

The City of Brookhaven wants the Peachtree Creek access.

Knock, knock. “Uh, hello?

“We’re with the city of Brookhaven. In this envelope is our final offer for your back yard. If you don’t want to sell it to us, ask the Pink Pony what we are prepared to do.”

Thomas Porter
Guest
Thomas Porter

STUPID! Thought we were done with this stuff in the last administration… maybe we haven’t progressed very far.
A phenomenal waste of money, and, “Code Enforcement” efforts that are sorely needed elsewhere.

Coercion Defined
Guest
Coercion Defined

Well, they oughta’ just pony up their sewer easement to the Peachtree Creek Greenway like the Pink Pony did. That’s the SOP for a legal settlement for anyone not bending to the will of the city.

Diaspora Dave
Guest
Diaspora Dave

Pass a law requiring the city to hire only attorneys who live in Brookhaven to represent the city.

Karen M.
Guest
Karen M.

The items that Council man Gebbia’s company sells to them are nice. The shelves were load with his products last time I was there.

Heather
Guest
Heather

Nah. . . time to phase all that out for more profitable, less intimidating businesses around the G-Way.

It’s gonna be so cool to have my own Airbnb next to The Brookhaven Beltline!!

Susan
Guest
Susan

Your Airbnb venture will make Joe Gebmeya’s son very happy.

Heather
Guest
Heather

I was being sarcastic.

Interestingly enough some of the die-hard pro-Greenway people in Pine Hills (an area where- despite all the spin- residents might have their lives very negatively affected) not only have rental properties in the area but AirBnb’s as well.

Seems like something people should disclose in their pro-greenway spiels . . .

but when you bring that up you’re accused of being “paranoid”.

Riley OConnor
Guest
Riley OConnor

Meanwhile, up the road in Doraville, our Mr. Bergthold is working his magic on an establishment called The Oasis:

http://www.myajc.com/news/local/doraville-strip-club-takes-artistic-route-bid-for-alcohol-license/b183XBUnxRZwu1QkPEUv0M/

He’s managed to carve out a little profit center for himself in NE Atlanta.

Huey Mahl
Guest
Huey Mahl

Good for him. Fighting the good fight against small-minded politicians who like to spend other people’s money.

B\'haven Birdie
Guest
B\'haven Birdie

Another Expensive left over mess from former city attorney. Please fire this lawer too.

Tim Wilson
Guest
Tim Wilson

The city was sued. The city did not sue the Stardust. The expenses are for the city to defend its laws. Plain and simple. The Stardust knew the law when they opened. Only after opening did they start selling the sexual devices. It’s not the city’s fault in this case. I live across the street from Stardust and don’t have a problem with it. There is actually less traffic than the Dunkin Donuts that was there before. But the law is the law. Plain and simple.

Dean
Guest
Dean

It would be interesting to see the results if a question was placed on the ballot this fall asking if the VOTERS want this law as a city ordinance.

Heather
Guest
Heather

I think there is a very legitimate legal argument that the sale of personal pleasure objects does not constitute an “adult *entertainment* establishment”

“Entertainment establishment” generally refers to a place where you will be getting entertainment while physically AT said establishment- not a place where you buy things to use later.

Using Brookhaven’s logic athletic and outdoorsman stores should also be coded differently. Are you at a sporting goods store or an athletic complex?

Proud Stardust Patron
Guest
Proud Stardust Patron
The ordinance not “law” that Brookhaven had in place at the time was that any retail store selling adult products of more than 25% was considered “Adult”. Stardust’s argument is that they sell much less than 25% “adult” product according to the city’s own definition of “adult product”, so therefore Stardust is not in violation of the city’s ordinance. Also the city is being sued, because they won’t renew Stardust’s business license or approve their sign in addition to harassing and intimidating employees of the business by writing tickets to them trying to get them to quit. However they have… Read more »
Heather
Guest
Heather

Don’t feel bad Stardust— certain busybodies in D4 were convinced my organic heirloom tomato plants I was sprouting and starting off with grow lights in my living room was actually marijuana.

It would be funny if it wasnt so mind-numbingly neurotic.

Kerry
Guest
Kerry

It is the swelling legal bill that looks obscene to me.

Eddie E.
Guest
Eddie E.

The bill coupled with the fact this ridiculous litigation is still active.
I thought when the god squad was expunged from the council the puritan legal action would end.

Looney Tune Lawyers
Guest
Looney Tune Lawyers

Can you imagine the conversation between the Community Enforcement officer and the employees on the 299th code violation ticket.

“Morning Sam”
“Morning Ralph”
“Kids ok?”
“Sure Ralph. You?”
“We’re all good.”
Steps thru door.
“Dammit Ralph, if I have to come down here one more time it’s going to be bad. Sorry for the profanity. The City Manager told me to be more threatening.”
“Sure Sam, see you tomorrow.”

CHOA
Guest
CHOA
Bigger budget question is how will the city cover the CHOA expansion. CHOA is tax exempt. Current CHOA costs the city ~$700,000/year based on service delivery report — costs will increase with huge expansion planned. The city inexplicably agreed to let the CHOA PILOT (payment in lieu of taxes) expire after 7 years. By 2022, CHOA will be a huge ($?millions) drain on city budgets with no payment. Why did the city annex CHOA knowing it would drain the budget? What is the city doing to extend the PILOT payments beyond 2022? Increase the PILOT payments to cover the expansion?… Read more »
fyi
Guest
fyi

“But why should Brookhaven citizens shoulder the burden?”

Because the politicians who comprise city government are morons. Once upon a time I believed that government closer to the people was more responsible and responsive. Then I woke up to the reality that politicians are politicians no matter where they reside. Brookhaven, Decatur, Atlanta, Washington DC, it is all the same.

Susan
Guest
Susan

Welcome to Brookhaven!

Huey Mahl
Guest
Huey Mahl

What an absolute waste of money. Shut down the lawsuit and leave these folks alone. City council should be ashamed.

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