The attorney for Tokyo Valentino did not respond to requests for comment.
In its appeal of the city’s decision, the store argued that the city “deprived Tokyo of its free speech interests” and that city code did not specify selling “sexual devices” makes the store an adult establishment.
In the order dismissing the store’s petition, the judge said the city ordinance is “designed to regulate the whole range of sexually oriented businesses” and that the store “knowingly operates in violation of those requirements.”
The city of Marietta amended its ordinance regulating adult establishments in August. The city tightened rules for applying for business licenses as an adult establishment and requires the applicant to disclose whether any prior court rulings found other locations of the store to be operating illegally. It also details various reasons the city can use to deny the license.
Tokyo Valentino also filed suit in an ongoing federal case against the city of Marietta and is seeking to challenge the new amendment, White said.
The chain also has a location in East Cobb, and the county revoked its business license in 2020 for not fully disclosing the nature of its merchandise. The store faced similar backlash in Gwinnett in 2017, Sandy Springs in 2019, and Atlanta in 2021.
