Chancery Court Judge Dewayne Thomas granted the city's request to temporarily close the Upper Level nightclub on Monday, calling the club a "public nuisance." "The court finds that the activities on or about the Upper Level premises have occurred in this fashion for a long time and that said club constitutes a clear and present danger to the surrounding community ... ," Thomas wrote in his decision.
The judge offered club owners a chance to have the temporary injunction lifted if they buy a $1 million liability insurance policy for the club, provide copies of employees' personnel files, enforce a 2 a.m. closing time, and that the company hire an "experienced security individual or company."
Thomas also demanded club owners work with the police chief to develop a system to count the number of patrons, conduct background checks on all its employees, maintain metal detectors at entryways and exits, and develop a system to not only notify local authorities of crime on the premises, but crime on neighboring property as well.
In addition to that, the court demanded club owner Sandra Moore Johnson post a $50,000 bond forfeited to the city of Jackson if she violates the temporary injunction.
The city sought to temporarily close the club last month, though both Mayor Frank Melton and Police Chief Malcolm McMillin said they wanted the club closed for good due to high incidents of crime reported around the club. Three people suffered bullet wounds inside the club in May, although there were no fatalities. McMillin argued during the May 28 hearing that the city had received 21 incident reports alleging criminal activity near the club between January 2006 and May 2008. Attorney Chokwe Lumumba, representing Johnson, pointed out that the incident reports only alleged criminal activity, and said only a handful of incidents actually happened on club grounds.
Lumumba added that the city was focusing on this black club, possibly at the behest of white business owners in the neighborhood who want the club closed.
Melton led police raids on the club in 2005 and 2006, eventually culminating in what club manager Tonarri Moore alleged as an "assault" upon him by young companions traveling with Melton. Moore said police handcuffed him on Aug. 27, 2006 during another Melton-led raid and led him outside where the gang of Melton's companions beat and kicked him, while he was still cuffed.
Moore and Johnson filed a notice of claim against the city in September 2006, though there has been no action on that suit this year.
Previous Comments
- ID
- 130900
- Comment
You know, if this club truly is a public nuisance, I think the problem could have been resolved sooner if Melton stayed out of it.
- Author
- LatashaWillis
- Date
- 2008-06-17T14:10:42-06:00
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