Adult store wins legal round

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The owners of a proposed adult video and bookstore in Augusta won the latest round in their legal battle this week.

X-Mart on Gordon Highway must obtain a business tax certificate and a permit to operate an adult-entertainment establishment.  Andrew Davis Tucker/Staff
Andrew Davis Tucker/Staff
X-Mart on Gordon Highway must obtain a business tax certificate and a permit to operate an adult-entertainment establishment.

In a ruling Thursday, the 11th U.S. Circuit Court of Appeals found that Augusta Video, the company that owns X-Mart, was entitled to grandfather status as far as zoning requirements at the X-Mart's chosen location, Molly Pond Road at Gordon Highway.

"However, this does not mean that Augusta Video may immediately open its doors. ... Augusta Video must still comply with the remaining valid requirements of Augusta's original Zoning Ordinance," the three-judge panel of the appellate court wrote.

The X-Mart owners must obtain a business tax certificate and an adult-entertainment establishment permit in order to open.

The federal appeals ruling this week reverses part of U.S. District Judge Dudley H. Bowen Jr.'s November ruling in the case.

The litigious path of X-Mart began in 2002, when the Augusta Planning Commission cleared the company. City commissioners, however, denied a special permit in June 2002.

The X-Mart owners have made many trips to court over the years.

Attorneys have argued - and judges issued reasonings - over a convergence of prior court cases, laws and ordinances dealing with the First Amendment and adult entertainment businesses.

Messages left for Jim Wall, who represents the city in the case, and Thomas E. Maddox Jr., who represents the business's owners, were not returned Friday.

The federal appeals court ruled against X-Mart in its challenge to the city's new adult entertainment ordinance. Though X-Mart's location cannot be scratched because of the new ordinance's zoning limitations, the other provisions are constitutional, the court ruled.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

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TrukinRanger
1748
Points
TrukinRanger 09/08/07 - 03:30 am
0
0
Congratulations to the owners
Unpublished

Congratulations to the owners of the X-Mart!!! Hopefully the biggots of Augusta will stop preaching and let you make a living!

law
0
Points
law 09/08/07 - 04:00 am
0
0
The funny thing about our

The funny thing about our city is ...THEY ARE LIARS
I wanted to open an adult store which is legal, anyways I called the city and asked how to go about getting it started and I was told it was not allowed anywhere in the CSRA and they hung up in my face, I could't believe they were so rude and then they just lied like it was nothing

Da Voice Inside Your Head
7
Points
Da Voice Inside Your Head 09/08/07 - 05:00 am
0
0
What about the thousands of

What about the thousands of Taxpayer dollars that has been wasted on this stupid court case. The area is not the greatest anyway. No residences, no schools, churchs, no other businesses except cheap hotels which cater to the oldest profession. What's the point? I like the lie that it's a portal to Augusta. They don't even cut the grass. i guess it's better to have an empty building than a thriving business. Just because you don't approve of something doesn't make it wrong. There have been 10 thousand court case proving adult entrtainment legal.Worry about fixing the pot holes and educating the children and leave the saving of souls to the clergy, on their dime.

patriciathomas
42
Points
patriciathomas 09/08/07 - 05:23 am
0
0
This case makes as much sense

This case makes as much sense as the Carolina blue laws. None.

aikshop1
0
Points
aikshop1 09/08/07 - 06:26 am
0
0
They need to open it up so

They need to open it up so that the sex offenders across the street in the cheep hotels have something to do.

rdunaway
0
Points
rdunaway 09/08/07 - 06:27 am
0
0
they complained about its

they complained about its location and it being an eyesore to people coming to Augusta from Bush Field. I am sure the wastewater plant on highway 56 is quite asight for newcomers to this area and the welcome smell sure caps it off!!! What a joke

cparker
83
Points
cparker 09/08/07 - 06:58 am
0
0
This is a business many

This is a business many residents oppose having there period. X-Mart would thrive in some of those lucrative west Augusta neighborhoods that don't have run down motels and smelly wastewater plants that would spoil all the fun. Every automotive junkyard, potential race track, and sex video store seems to make its way to south Augusta, even when residents are complaining. Just two days ago many of you were whining how these areas were slums and needed to be made more whiter....Lets not put X-Mart through all the trouble of having to endure such classless people that might want to watch naked women with their EBT cards....I recommend they ask for a permit next to patriciathomas' home and she can just come out of the closet and contract her services in a healthier location? Maybe Mr. Barbee can advise how we can move 500 blacks out of the area to better homes and move 10,000 whites a bit closer to X- Mart to increase the tax base a little bit....Does not sound the same now as yesterday does it?

bone
23
Points
bone 09/08/07 - 07:03 am
0
0
south augusta certainly

south augusta certainly attracts the best n' brightest, cparker.

beelowe37
0
Points
beelowe37 09/08/07 - 07:27 am
0
0
Now cparker that's so funny-I

Now cparker that's so funny-I really like that. Tee hee hee mmm? Interesting.

Honden
2
Points
Honden 09/08/07 - 07:34 am
0
0
The funniest thing of all is

The funniest thing of all is that those bigot's with all of their self righteous attitudes actually provide ( through their protests ) more free advertisement than X-Mart would EVER buy.

patriciathomas
42
Points
patriciathomas 09/08/07 - 07:58 am
0
0
bone,lol

bone,lol

pizzato
3
Points
pizzato 09/08/07 - 08:12 am
0
0
Hopefully they will be open

Hopefully they will be open by Christmas they had a better selection than MAE in North Augusta and you didn't have to park out back!

Why
3
Points
Why 09/08/07 - 08:34 am
0
0
All the gateway entrys to our

All the gateway entrys to our city are trashy- The main entry is I-20 and Washington Rd - It is an eyesore! Trash everywhere-all the time! No sidewalks along the streets, soldiers and tourists try to walk along the streets in that area without sidewalks- It's only a matter of time before someone is accidently run over in that area. Meanwhile we are about to spend millions to dig up a street downtown! Oh, did I mention the regular shootings that are taking place at CLUB DREAMS (club nightmare) located at the main entry to our city? City leaders could do something but they aren't acting on it!!!

butterflygina
159
Points
butterflygina 09/08/07 - 08:36 am
0
0
The commissioners were wrong

The commissioners were wrong in denying this business as well as the brewery proposed on Sand Bar Ferry Road a chance to open in Augusta. The reasons they give are so ridiculous. For those who don't want anything to do with the Adult Bookstore, don't go there, don't look there. The brewerey wasn't going to sell beer! I'm going to ride down there to see what's going on with the building they wanted to use. Supposedly the decisions the commissioners make are supposed to be "for the people" but they are based TOO MUCH OF THE TIME on their personal and religious beliefs, not what may actually benefit the community. And I hope Andy wakes up from that water dream on Ellis Street.

dogusta
0
Points
dogusta 09/08/07 - 08:37 am
0
0
This is a matter of law, not

This is a matter of law, not personal opinion. Just because the X-mart owners won their case doesn't mean that it's mandatory for all the sexually repressed and prude Columbia County housewives to go there. The good news is that your husbands will have a shorter distance (imagine the safety benefits, yay!) to secretly drive there to get the rocks off instead of having to all the way to Mae's.

PlayaFace
0
Points
PlayaFace 09/08/07 - 09:03 am
0
0
cparker always turns

cparker always turns everything into a race issue.. enough already. we know your black and your mad at the world and the white people in it but it gets old.

SilentJ
0
Points
SilentJ 09/08/07 - 09:58 am
0
0
We shop at lucys love shop

We shop at lucys love shop very nice store with lots of goodies!

kai@reasontostand.org
1
Points
kai@reasontostand.org 09/08/07 - 10:00 am
0
0
I find it humorous that while

I find it humorous that while we are debating tougher "sex offender" laws, we are embracing something like this. Aren't both morally wrong?

Aren't things that are morally wrong defiantly not good for "the people"?

jmoval0315
2
Points
jmoval0315 09/08/07 - 10:16 am
0
0
Broad Street full of Naked

Broad Street full of Naked women

PlayaFace
0
Points
PlayaFace 09/08/07 - 10:16 am
0
0
i love lucys love shop....

i love lucys love shop....

Why
3
Points
Why 09/08/07 - 10:32 am
0
0
informed citized: You do

informed citized: You do realize you could make a better life for yourself and your children right? YOU COULD MOVE!!!

mutt
2
Points
mutt 09/08/07 - 10:45 am
0
0
We flew into Bush Field at

We flew into Bush Field at night a few weeks back, and I couldn't
believe it, the waste water treatment plant stunk up the inside of the
plane as we flew over to land. It made me feel so embarassed. It's ok to
slap people in the nostriles with the smell of Shtuff, but for heavens
sake don't let them know you can get dirty movies here. Let's face it,
dirty movies aren't nearly as bad as live naked women spread eagle in the
clubs on Broad Street. We shouldn't even try to legislate morality,
because it opens the door for those whose morals are different than our
own to legislate to us. What if Islam takes over here like it has all
over Europe? Since we've set the precedent that the morals of the
majority can be forced onto others, it would be perfectly legal to
insist you pray to Allah, and bow to Mecca or be publically beaten.The
question shouldn't be if a thing is Godly or Christian when it comes to
government, but rather does this infringe on the rights of others in an
undue manner. Better still are we treating this person or company
equally under the law?

WW1949
19
Points
WW1949 09/08/07 - 10:50 am
0
0
if that is what you like its

if that is what you like its ok with me. cparker, you must not be too smart to try and tie this in with mr. barbee and i do think the people up the road a bit are trying to get the augusta taxpayer to foot the bill to move them to new homes. maybe the people living in the cheap motels nearby could earn their ebt cards by cleaning up around the places where the live. hell, i think anyone who receives a handout should be made to clean the streets, public areas or anything belonging to the taxpayer before they get the handout then it would not be a handout, they would have earned it. but i'm not a lberal and believe you should earn your way. if it were my decision, i would do away with all welfare and make people work to what they get from mine and every taxpaying citizen.

mutt
2
Points
mutt 09/08/07 - 10:59 am
0
0
Forcing a person through laws

Forcing a person through laws and threat of punishment to do what YOU FEEL is right in Gods eyes, profits his soul nothing. A person must do what is right of their own volition, because it is not the deeds alone, but the deeds of the heart, that God judges. Teach them the love of Christ, and what His commands are, so that they would do right in all things, even privately, rather than forcing them to do what is right in your eyes publically, and have them resent both you and Christ privately.

law
0
Points
law 09/08/07 - 11:17 am
0
0
everything is cheaper on the

everything is cheaper on the internet anyways, I just don't think it's right for someone to stop a store from opening because they don't approve..I say let it open and if you don't like it then don't go and shut up about it. Sometimes, these religious people just like to see what they can prevent other people from doing

mgroothand
5
Points
mgroothand 09/08/07 - 11:28 am
0
0
The names we use such as

The names we use such as Adult Book store.... There is nothing adult about the people over 18 that frequent such places. Age does not define adulthood. Just like another monniker; "illegitimate children". The children are not illegitimate but I'm not so sure about the parents.

Bizarro
13
Points
Bizarro 09/08/07 - 11:31 am
0
0
What happened to free

What happened to free enterprise-capitalism? It is a supply and demand economy-no demand no supply. I don't see that happening with over 60% of the internet dedicated to porno. I think Mutt is right on-excellent post. Christ said to love and leave the judgment to him. Christians doing the judging is the wrong tact as we need to be doing the empathizing and loving. I think there is a lot of merit telling the Christian to beware what they ask for as it can turn around to haunt you. Ban certain clothes because there offensive, well many are offended by Christianity so maybe they will ban it. Touche'.

law
0
Points
law 09/08/07 - 11:38 am
0
0
Religion is so overrated

Religion is so overrated

TrukinRanger
1748
Points
TrukinRanger 09/08/07 - 11:47 am
0
0
I get tired of the right wing
Unpublished

I get tired of the right wing whacks that say that democrats are trying to be socialist, or even communist- but then they want to tell us what we can or cannot do when it comes to our personal business. Trying to keep me from going to an Adult bookstore, strip club, shopping on Sunday, or drinking on Sunday sounds more like communism than the democratic "agenda". Git over it! Perhaps instead of fighting businesses like this, they can work with them and give them a safe place to do business and I'm sure that they would be more than willing to asthetically spruce up their buildings. For instance... MAE video has nice landscaping out in front of their building (too bad the back parking lot isn't as nice)

kai@reasontostand.org
1
Points
kai@reasontostand.org 09/08/07 - 12:01 pm
0
0
All laws are moral judgments

All laws are moral judgments and as free moral agents, we have a responsibility to make right moral judgments that ought to be followed regardless of whether the majority agrees or even likes them. We like to whine and complain about the moral rot in our culture but we refuse to let go of our personal vices long enough to realize that places like the X-Mart are both an indication and source of that rot we despise.

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