For those who may have missed the latest legal battle going on, the following is from the WSB's website:
DEKALB COUNTY, Ga. -- Hardcore sex movies are being shown just blocks from a local school and concerned neighbors say dirty movies are not the only X-rated things you can see at that Decatur theater.
A group of homeowners is fighting to get rid of the adult movie theater on Columbia Drive in Decatur. The Belvedere Theater was family-friendly back in the 60’s and 70’s so none of the neighbors minded the view from their backyards. Now that it’s adult entertainment, code enforcement officers have repeatedly issued citations. In court Wednesday the decision on whether or not the theater should be moved was delayed again.
“It is a triple-X theater. No good thoughts come to your head when you hear that,” said homeowner J.T. Scott.
Scott has a clear view of the Belvedere Theater even from the front yard of his home. He told Channel 2’s Jodie Fleischer he isn’t clear on why it’s allowed to continue operating. Zoning prohibits an adult business from being within 1000 feet.
“I have to guess that it’s within 500 feet of my house. I don’t think it meets that standard,” said Scott.
And, in fact, the theater owner said she’s been cited by code enforcement more than a dozen times since she opened in 1989. But DeKalb County’s adult ordinance was written in the 90’s. It’s been to court a number of times but still isn’t decided.
"They're grandfathered, because their existence in this community pre-dates the ordinances under which the county is citing them,” said the theater’s attorney Tammi Long.
The theater’s attorney said it’s even more confusing because every year DeKalb County issues the theater a business license to keep operating.
“It doesn’t seem to make a lot of sense. My clients aren’t criminals, they’re business owners,” said Long.
But DeKalb police have raided the theater a number of times, arresting customers for illegal sex acts. Neighbors don’t want that around their children.
"I've never been inside, but I'm told there are condoms available. That would lead one to believe that it isn't just a movie theater,” said Scott.
Long said she wanted to go forward with the case in court Wednesday because she is eager to get the situation resolved
.
According to the video below, a judge will decide its fate late April.
You can also see the video of the report here:
http://www.wsbtv.com/video/15358611/index.html