Kevin Nicholas, one of three Republicans running in next week’s primary for District 2 on the Cobb Board of Commissioners, says he’s opposed to a possible sex shop in East Cobb.
In a note written in response to organizers of an online petition against what they claim will be an adult retail store on Johnson Ferry Road, Nicholas said “this is not the business we want in our family-based community.”
The note was sent to Amy White, who’s leading a change.org campaign against what’s being planned at 1290 Johnson Ferry Road, in a former mattress store building.
A business license issued by Cobb County in March states it’s for a clothing store; the individual listed in state incorporation documents for 1290 Clothing Co. LLC is Michael Morrison, who owns the Tokyo Valentino adult retail store chain in metro Atlanta.
Retiring District 2 commissioner Bob Ott has said that since rezoning isn’t required, the county has little recourse as long as the new business meets code requirements. The general commercial zoning status of the land dates back to the 1970s.
Ott said he also is against an adult store coming to the community, and reminded citizens that opposition to a We Buy Gold store several years ago prompted it to close, citing a lack of business.
Nicholas, who’s running to succeed Ott, said he’s “been in lengthy discussion with many neighbors about this and what we need to do” and at the very least thinks the county should review the business license application.
Some opponents of an adult store have claimed that Morrison has misrepresented his business aims as well as his own identity and want the business license invalidated.
Morrison, who’s been ordered to jail for a contempt citation in Brookhaven and is suing the city of Atlanta in legal battles over his businesses in those municipalities, has said he isn’t sure what the East Cobb store will end up being (There’s a Tokyo Valentino store on Marietta, on Cobb Parkway near the Big Chicken).
Nicholas, an East Cobb resident, said he advocates a “check list” for the county that would require applicants to provide more details on a business license application, a review of the county code and “to make amendments that fit the community while preserving good business growth. I reject the notion that there is nothing that can be done.”
East Cobb News contacted the other Republicans in the District 2 race. Andy Smith, who also lives in East Cobb and was Ott’s appointee to the Cobb Planning Commission, referred East Cobb News to Ott’s statement issued on Memorial Day with no additional comment.
UPDATE: On Wednesday Smith issued a videotaped message and a written statement which reads in part:
“The application for this business has been gone through with a fine-tooth comb and found to comply with existing code; this doesn’t surprise me because of the battalion of very well-paid lawyers the applicant has on staff. So let’s put that myth to bed.
“Cobb has had a long history of having one of the strongest adult industry codes and has been the model for most if not all of metro Atlanta. So, as with all things, it is time to look at the current code and update it, and I can assure you that is being done. I am well aware of the research and effort being put forth firsthand, and the all-hands-on deck approach that’s ongoing. Just like the duck swimming across the lake, all looks calm on the surface but we are paddling with all our might underneath. This is just another example of where having a commissioner who understands the code and how to strengthen and enforce it really matters. I have the experience and knowledge to preserve our community and don’t think for one minute I’m not working like that duck to cross the lake.”
East Cobb News also has left a message with Fitz Johnson seeking comment.
UPDATE: Here’s what Johnson sent us Wednesday morning:
“My wife and I are appalled at the idea of a sex shop going into our neighborhood. I am firmly opposed if this shop were to open in the old Matress Firm store or anywhere. I will leave no stone unturned as I investigate my powers under the U.S. Constitution to make this right.
“It is unfortunate we are put in this position by law, but it doesn’t mean we can’t educate ourselves, organize as a community, and fight to keep this from happening. I am against having this type of establishment in our neighborhoods so close to schools and churches. If elected, I will do everything within my U.S. Constitutional powers to discourage these types of establishments.
“We have to be mindful that commissioners do not have the authority under the U.S. Constitution to alter existing zoning or add stipulations. Again I will encourage our citizens and neighbors to organize, and work together to stop this from happening. I absolutely will join in and lend my voice to that cause.”
ORIGINAL STORY CONTINUES:
Dan White, another online campaigner against an adult store, contacted East Cobb News Monday to note that more than 2,700 people have signed a petition.
He also took exception to comments in an East Cobb News commentary over the weekend from citizens imploring opponents to lighten up about a possible adult store. A few noted that for those who’d want to patronize such a store, it would be convenient to have it nearby.
“Having a dump close by would be convenient as well but not in the middle of our community,” he said. “This business will affect crime, the statistics that retail companies use to choose their expansion opportunities and property value.”
White also noted that while Ott has “served this community fairly well over his tenure,” his retirement “makes doing nothing but saying that there is a law from 1975 an easy way out.
“Tell him it’s not OK to give up.”
A signer of the change.org petition said “if this store opens, I’m voting against all my local incumbents who didn’t stop it.”
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