A local chancellor has decided to dismiss the case against the Mississippi Arts and Entertainment of Hattiesburg facility – formerly known as Club Empire – without prejudice after that property was sold to another owner, although the former owners will still not be allowed to operate another club within the city limits.
According to a Forrest County Chancery Court document dated February 5, Judge Rhea Sheldon threw out the case after the property was sold late last month to NGB Battery Real Estate, the owners of which plan to open an automotive battery shop at the location at 811 Timothy Lane.
“It won’t be used for a club anymore, so there was really no reason why (the case) should continue, because the issue was what the building was being used for,” said Randy Pope, who serves as attorney for the City of Hattiesburg. “The (February 5) order does state that (former owner) Stacy Daniels and his associates can’t operate a club inside the city limits of Hattiesburg – that’s still in effect.
“We waited until after the sale closed until we asked the judge to dismiss the order, because we didn’t want to take any chances. But the sale has closed – I don’t know the schedule of when (the new owners) will be moving in.”
Pope said he is glad the matter is coming to an end after several months of litigation.
“We’re trying to do some things in that Broadway Drive/West Pine Corridor,” he said. “That’s one of the things we want to do, is to get new businesses in there.
“So (the new owners) are going to be operating out of that building.”
The decision is the latest in a long line of actions taken against the Mississippi Arts and Entertainment of Hattiesburg business, which has been the location of several criminal incidents over the last several months.
The first step taken against the Arts and Entertainment club was taken on October 17, 2023, when – following almost too many criminal incidents to count at the club – Hattiesburg City Council members voted 5-0 to “permanently abate the public nuisance” at the club, via Resolution #2023-161. That measure came after several calls during which officers from the Hattiesburg Police Department responded to fights, assaults, disorderly conduct, shootings, possession of drugs and weapons, burglaries and violations of city ordinances.
Shortly after the council’s decision, the club’s owners surrendered their privilege tax license and advised city officials the club would be going out of business.
The most recent incident at the club occurred on the night of October 7, 2023, when a woman was shot in the leg in front of the facility. That incident comes after eight similar or lesser occurrences at that site since early 2019.
The occurrences stretch back to January 2019, when two people were shot following an altercation at Club Empire. The next month, officials from the Alcoholic Beverage Control Enforcement, along with assistance from other law enforcement agencies, executed six search warrants at the property because of reports of illegal gambling, illegal sales of alcohol and sightings of drugs and weapons.
That same month, a judge ordered the temporary closure of the club pending a hearing; in May of that year, a man was shot in the leg at the club. In late August 2021, another man was shot, and a bullet grazed a woman during a shooting at the site.
In September 2021, council members passed a resolution ordering temporary closures at the club, along with similar measures at Roper’s Rockin’ Country on U.S. 49.
During an executive session on September 21, 2021, council members – after hearing from members of the Hattiesburg Police Department – declared Club Empire a nuisance, at which point Pope was approved to file and seek an injunction against the club.
In October 2021, Daniels agreed to permanently close that facility after Hattiesburg officials declared it a nuisance because of the aforementioned incidents. Daniels met with Chancellor Rhea Sheldon shortly after that, and the judged mandated that Daniels and his business partners and associates – some of whom are also defendants in the matter – would not be allowed to open another nightclub within the city limits of Hattiesburg.
Daniels then sold the establishment to its current owners. However, Pope said that city officials have video evidence that Daniels was still involved with the club, against judge’s orders.
