Metro Spirit 06.20.2002

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MetroBeat Commission Takes on X-Rated Store … and the Constitution

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united Augusta Commission, with the backing of Sheriff Ronnie Strength and District Attorney Danny Craig, seems to have just willingly charged hand-in-hand straight into a lawsuit. On June 18, the commission was forced to consider the extremely unpopular possibility of having an adult bookstore in Augusta. Tom Maddox, an attorney from Tucker, Ga., representing a Florida-based company, called ASP, Inc., went before the commission asking that his client be granted a “special exception” zoning request in order to establish a proposed adult book and video store at 1367 Gordon Highway near Doug Barnard Parkway. The Augusta-Richmond County Planning Commission already approved Maddox’s request based on the fact that the applicant met all of the requirements under the city’s zoning ordinances. But when news of this proposed adult bookstore spread throughout the community and local churches, more than 225 citizens piled into the downtown courthouse to let their objections be known. Each person opposed to the adult bookstore was handed a bright, neon-green sticker to wear as they came through the door so the commission could clearly see the number of objectors. By the time the commission meeting began, the audience was a sea of neon green stickers. And the public officials noticed. “When I came through the door today, I didn’t know that we were going to have this big of a crowd,” said Sheriff Ronnie Strength, the first speaker of the day. “The lady at the door asked, ‘Sheriff, do you want one of these green stickers?’ And I looked in and saw 99 percent of you wearing them and I said, ‘Absolutely.’” The crowd burst into applause. “Our community is no place for this type of business,” Strength said. “Check with North Augusta, and see how proud they are to have that one over there. You won’t hear anything positive from those folks in North Augusta.” Strength was referring to MAE Video, an adult video and bookstore, located on the Aiken-Augusta highway. Strength said Augusta is fortunate not to have such a bookstore within its county limits because these establishments bring more crime to the area. “The type of patrons this business will draw is something like you folks have never seen,” Strength said. “There is (criminal) case, after case, after case in this country linked to pornography. A good example, everybody has heard the name Ted Bundy. Once Ted Bundy was arrested, he confessed that pornography played a major role in his criminal activities.” Strength listed several statistics supporting

his claim, including one FBI study that stated pornography was found at 80 percent of sex crime scenes. “It won’t take but one child or one female to be abducted, raped or killed, and our investigation link this business to that offense, to know that we made a mistake allowing them in our community,” Strength said. “Will you commissioners be criticized if you don’t vote for this business? Yes,” Strength added. “By about five percent of the population.” Strength said that 95 percent of the population in Augusta will support the commission, even if their decision results in a lawsuit from the applicant. “If we get sued, so be it; that’s why we have lawyers,” Strength said in a commanding voice. Immediately, those objecting to the bookstore sprang to their feet, cheering and feverously clapping their hands. Next, Craig, the city’s legal authority, stepped forward. While Craig said that the commissioners couldn’t “squelch freedom of expression,” he insisted they do have “discretion” in this matter. What Craig was referring to was the commission’s ability to consider how this business could adversely impact the surrounding areas such as lowering its tax base or limiting its ability to attract future businesses. “No one should ever tell you or suggest to you that your hands are tied in this matter. You have discretion,” Craig told the commission, as the audience again cheered for the district attorney. Before Maddox, the attorney representing the proposed adult bookstore, even had a chance to speak, Commissioner Andy Cheek made a motion to deny his request. “I had an occasion, several years ago, a call from my pastor to minister to a young man that was victim of behavior in one of these establishments across the river and it turned my stomach,” Cheek said. “I make a motion to deny.” Mayor Bob Young said the commission should at least be give Maddox an opportunity to state his case. As Maddox walked up to the podium, he joked to the crowd, “I suspect the mayor will not have to gavel down your applause at the end of my presentation.” Maddox simply told the audience and commission that he understood the community’s concerns, but that the city had no choice but to follow the law. “Despite what you may think, I’m not a godless Atlanta lawyer. I grew up in the Baptist church,” Maddox said, adding that his own mother would probably be a member of the 225 objectors. “But probably most of the folks here will make absolutely no distinction

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BY STACEY EIDSON

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“This is not an issue about art. This is not an issue about religion. It’s not an issue about free speech. ... It is an issue of how we define this community. How do we want people to view Augusta, Georgia? I say, ‘Not here.’ And in Richmond County, Georgia, ‘Not anywhere.’” - Augusta Mayor Bob Young


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