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‘That’s Not Res Judicata’: Sex Toy Ordinance Challenged—Again

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‘That’s Not Res Judicata’: Sex Toy Ordinance Challenged—Again | Daily Report

















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https://www.law.com/dailyreportonline/2024/03/20/thats-not-res-judicata-sex-toy-ordinance-challenged-again/

Appellant counsel Alan I. Begner of Begner & Begner in Sandy Springs, Georgia, (left) and appellee counsel Scott D. Bergthold of Chattanooga, Tennessee. (Images from court video)

NEWS

“We usually don’t make people subject themselves to criminal prosecution or contempt or stuff like that to vindicate their constitutional rights,” said Justice Sarah Hawkins Warren during oral arguments Tuesday.

March 20, 2024 at 11:12 AM

6 minute read

Cedra Mayfield

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What You Need to Know

  • Supreme Court of Georgia hears oral arguments in constitutional challenge to Gwinnett County adult entertainment ordinance.
  • Appellant counsel challenge sovereign immunity and res judicata dismissal grounds.
  • Appellee counsel argue its granted counterclaim for a permanent injunction against the appellant triggered res judicata.

A dispute over the constitutionality of a county ordinance that limited a merchant’s ability to “sell and display sex devices” at two of its storefronts landed before the Supreme Court of Georgia Tuesday.

Appellant counsel from Benger & Benger in Sandy Springs argued that a Gwinnett County Superior Court judge erroneously dismissed Starship Enterprises of Atlanta Inc.’s most recent challenge of the ordinance as an already adjudicated matter, or res judicata.

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