Jackson Free Press

Attorneys for the Birdland Restaurant and Lounge reached an agreement with Jackson city attorneys yesterday to close the Farish Street nightclub for 30 days while addressing security concerns stemming from a recent fatal shooting.

The nightclub was the site of a Sept. 20 shooting incident that left 27-year-old Yatasha Johnson of Pearl dead and three others wounded. On Oct. 1, the city filed a petition in Hinds County Circuit Court arguing that the nightclub posed a public nuisance and should be closed. Kenya Martin, attorney for Birdland owner Charlie Hughes, told the Jackson Free Press that yesterday's agreement would mostly require Birdland to report steps it is already taking.

"It wasn't a tough sell for us to agree to because we were already doing a good bit of the security measures anyway," Martin said. "The temporary restraining order requires us to report a little bit more to the city, a little bit more to the court. (But) we were already comfortable that we were doing those anyway."

Martin said that "six or seven" security officers were working at Birdland on the night of the shooting. He also maintained that club employees had been checking identification at the door prior to Sept. 20.

"I believe it was 18 and up," Martin said. "We were only serving alcohol to folks 21 and up."

Johnson's suspected shooter, Alvin Brown, is 19.

According to the temporary injunction entered yesterday by Hinds County Circuit Judge Denise Owens, Birdland must enforce a minimum age of 21. The club also cannot stay open past 2 a.m. The injunction requires Hughes to hire at least two security guards and pay for an independent security assessment that it will provide to city officials.

Martin argued that Birdland does not deserve the extra attention of city officials.

"I think it's probably just crime in the general area and not Birdland itself," Martin said. "It's really a two-edged sword. The city also has a duty to step up police-officer presence in those areas."

In the city's Oct. 1 petition, acting city attorney Pieter Teeuwissen noted that Jackson police have reported 21 felonies at Birdland or its immediate vicinity between Jan. 1, 2006, and Sept. 24, 2008.

Martin maintained, however, that Birdland is no more a nuisance than other gas stations or car washes that have been the site of criminal activity.

"If it's going to apply to one business, then the nuisance statute has to apply to all businesses," Martin said.

The city can still seek the club's closure at the end of the thirty-day period. Teeuwissen did not immediately return a call for comment. Barring further action from the city, however, Martin believes the club can reopen.

"After 30 days, Birdland—if it complies with those conditions—can open right back up," Martin said.

Previous Comments

ID

152601

Comment

I think the whole point of this argument on both sides was missed. The BIG DEAL now is the fact that Birdland's owners did not have proper license and NO INSURANCE. It is a shame that an innocent person was killed and there is no way for the family to gain anything of substance for the death of their loved one. The ball has been dropped, somewhere, and it is my hope that after 30 days, this club will be insured.

Author

justjess

Date

2009-10-12T09:23:19-06:00