When does a neighborhood pub become a `public nuisance’?
As the legal dust settles in the matter of Jimmagan’s Pub in Myrtle Beach, questions continue on some aspects of this particular case as well as broader law enforcement issues.
The outcome of the case begs the question: how did this particular situation reach the level of a court of common pleas? Judge William Seals Jr. had instructed attorneys for the establishment’s owner to draft an order the judge would sign. Then, before the judge received a draft, the 15th Circuit Solicitor dropped the case and Jimmagan’s owner agreed to continue closing at 1 a.m. which it started after the city issued a notice in October.
Attorney Tommy Brittain, representing Jimmagan’s, described the agreement as “a good result for everybody. [Judge Seals] felt really strongly that we had prevailed here. He made it clear that we had won, that the state had insufficient evidence in this matter and the court was going to rule with Jimmagan’s.” The opposing attorneys declined to elaborate on the agreement. Given the evidence presented, what could they say?.
It was an interesting courtroom father-and-son matchup, with Tommy Brittain and his son Preston opposing Michael Battle and son James for the solicitor or state. The Battle Law Firm has a contract with the solictor to handle public nuisance prosecutions. The contract would seem to qualify them as public officials, as is 15th Circuit Solicitor Jimmy Richardson. “We’re not going to talk to you,” James Battle told The Sun News reporter Emily Weaver.
The solicitor did not have much of a case, illustrated by the Battles’ frustration shown in the presentation of the case. One of the problematic areas is in the 129 “police calls” reported from Jan. 1, 2014, and Oct. 14. From court testimony, it’s now known that 49 of the “public assistance” calls actually were Myrtle Beach police officers checking the place without seeing any crimes or making any arrests. Others were traffic violations in which vehicles happened to be stopped or pulled over in front of the pub at 6003 N. Kings Highway.
Mayor John Rhodes says the dismissed case may have a positive result for the city’s aggressive enforcement of establishments selling beer, wine and liquor. “I’m interested to see how this goes,” noting that perhaps other establishments “may take action on their own.” He pointed out that some establishments open until 4 a.m. have “absolutely no problems.”
Significant numbers of the area’s late night crowd are hospitality workers who work the second shift and go to various establishments after work. Their “happy hour” is perhaps midnight to 1 a.m. Councilman Randal Wallace remembers his days as a second shift worker and opposes a city-imposed closing time. S.C. cities may impose closing times, but Myrtle Beach and other area municipalities have not done so. State law prohibits sale or consumption (in restaurants and so forth) of liquor after 2 a.m. Beer and wine generally may be sold around the clock.
Neither Rhodes and Wallace, who live in the vicinity of Jimmagan’s, have received complaints from residents. “Not a one, not a one,” Rhodes says. “We don’t target anyone,” noting that enforcement is “up to the city manager and the chief of police,” not the mayor and council.
Going forward, area law enforcement officers, the 15th Circuit solicitor – and certainly late night establishments – should take lessons from this case.
This story was originally published November 23, 2015 at 8:08 AM with the headline "When does a neighborhood pub become a `public nuisance’?."