Lowndes County supervisors voted 3-2 Monday to deny an exemption to its nightclub ordinance to the owner of The Pony, a strip club located near the intersection of Highway 82 and Highway 45 Alternate.
The decision means the county will likely face a second lawsuit from the club.
Board of Supervisors President Harry Sanders, District 2 Supervisor Bill Brigham and District 3 Supervisor John Holliman voted against The Pony’s request for an exemption after a 30-minute appeal from Starkville attorney Jeff Hosford, who is representing club owner Jerry Westlund.
Citing the potential cost of litigation, District 5 Supervisor Leroy Brooks voted yes, along with District 4 Supervisor Jeff Smith, who said if the ordinance allowed exemptions and the club met those requirement, he could not see a basis for denial.
Under the county’s ordinance, passed in 2013, nightclubs must close by 1 a.m. and their premises vacated by all but non-essential staff by 1:30 a.m.
Westlund asked for an exemption that would allow the club to operate until 3 a.m. as a restaurant, although the club would continue to feature dancers until 3 a.m.
Supervisors and Hosford clashed on many of the requirements of the ordinance, which Hosford said were vague and open to interpretation.
“Look,” Hosford said, “we all know where this is headed unless we get an agreement on this.”
Brigham, who made the motion to deny the request, said granting an exemption could ultimately negate the purpose on the ordinance, passed as the city of Columbus passed a similar ordinance in 2012.
“Once you start granting exemptions and making exceptions, all you do is make exceptions,” Brigham said. “We’ve never granted an exemption and I don’t believe we should start that now.”
Monday’s discussion was a continuation of a public hearing held during the supervisor’s board meeting of Nov. 13 to discuss an appeal of a ruling made in August by a special committee composed of County Attorney Tim Hudson, County Administrator Ralph Billingsley, Sheriff Mike Arledge and Chancery Court Clerk Lisa Neese. The committee recommended that The Pony’s request for an exemption to the ordinance be denied.
Westlund and Hosford appeared before the board at its Nov. 13 meeting to ask that supervisors reject the committee’s recommendation, pointing out that the club had never been a trouble spot for law enforcement and that the club had added $10,000 in restaurant equipment, developed an extended menu and had met all state requirements to operate as a restaurant. They also said they were ready to provide extra security during the extended hours if granted an exemption.
After Monday’s vote, Hosford said he planned to file a lawsuit in federal court in Aberdeen challenging the board’s decision to deny the exemption to the nightclub ordinance.
Hosford had already filed suit in federal court on behalf of The Pony in March, claiming that the board’s nightclub policy “unlawfully took property and business from the club.”
A settlement hearing on that suit is scheduled for Feb. 22 before Judge David Sanders. The county is being represented in that suit by Jackson attorney Jason Dare.
Slim Smith is a columnist and feature writer for The Dispatch. His email address is [email protected].
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