X-Mart set to reopen after 8-year fight

6-4 vote settles 8-year fight against business

An eight-year fight to keep an adult video and novelty store out of Augusta has ended.


On Tuesday, Augusta commissioners voted 6-4 to settle two Augusta Video X-Mart lawsuits pending in federal court for $550,000.

Under the terms of the settlement, X-Mart will be issued an adult entertainment permit and business license, allowing it to reopen its doors at 1367 Gordon Highway.

The Florida company's local counsel, William Sussman, said X-Mart likely would reopen in a few weeks.

Commissioners Jimmy Smith, J.R. Hatney, Don Grantham and Jerry Brigham voted against the settlement. Brigham estimated that the X-Mart suits had cost the city about $150,000 in legal bills.

"While it was expensive, it probably was productive," Brigham said. "We had the 11th Circuit Court of Appeals say our business license ordinance is constitutional, as far as regulating the adult entertainment industry."

In 2002, commissioners tried to prevent X-Mart from opening by passing an ordinance that prohibited business licenses from being issued to adult businesses along gateway corridors.

X-Mart sued over the ordinance's passage, which was done without required public hearings, and was later awarded damages of $131,000 for lost income and profit from April 2002 to July 2002, when the city passed a new business license ordinance.

Mayor Pro Tem Alvin Mason said although he wouldn't shop at X-Mart, actions by a previous board to deny X-Mart a business license were wrong.

"You're kind of damned if you do and damned if you don't," he said of the settlement. "It cost all of us, but those decisions were made seven or eight years ago."

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In other action

A final push by Commissioner Don Grantham to give greater preference to local vendors failed Tuesday, with the commission voting 7-2 to accept a recommendation made by Augusta's Procurement Department.

Grantham had suggested that, in jobs valued at less than $10,000, local vendors who bid within 5 percent of the low bid get the contract at whatever price they bid. He made a similar proposal, which also failed, last week in a committee meeting. Commissioner Jerry Brigham said the proposal could result in the city paying a local vendor more than the low bidder.

The commission approved 8-2 a recommenda-tion by Procurement Director Geri Sams that allows local bidders to win the job if they're within 5 percent as long as they agree to match the low bidder's price. Grantham and Jimmy Smith voted against it.

The commission also approved 9-1, with Brigham voting no, funding for Augusta Neighborhood Enhancement's Barton Village Community Center. The funds, $30,500, run out at the end of the year and are much less than the community center has received for the former federal Weed and Seed endeavor.

Neighborhood Enhancement Director Bettye Jones said the center hated to be cut but was prepared to recruit additional volunteers.

Augusta Technical College already has agreed to pay the salary of a GED instructor at the center, according to Adult Education Executive Director Stefanie Bowie.