Stardust vs. City of Brookhaven to be heard Jan. 23
The Georgia Supreme Court will hear the case of Stardust, LLC et. al. vs. City of Brookhaven at 10 a.m. on Jan. 23.
A store that sells sexual devices is appealing a DeKalb County court ruling that prohibits it from continuing to operate at its present location in the City of Brookhaven, arguing that Brookhaven’s local ordinance regulating sexually oriented businesses is unconstitutional. Stardust’s attorney argues the trial court erred in granting the City of Brookhaven summary judgment and a permanent injunction as the City of Brookhaven has adopted a thoroughly confusing law to govern who may sell sexual devices.
The original case revolved around Stardust and Morrison suing the City of Brookhaven in DeKalb County superior court over its SOB and general business licensing laws, arguing they violated constitutional rights of free speech, equal protection and due process.
Georgia Supreme Court case number S18A0213