Almost a month after officials from the City of Hattiesburg filed a temporary restraining order against the St. James Wright VFW Post 5397 on Mobile Street following two recent shootings at the venue, an agreed order has been filed stating both parties will work together on those terms.
The order, which was filed January 9 in Forrest County Chancery Court, states the city and the VFW will work together out of concern for the health, safety and general welfare of the public. Those measures include increased security and restrictions on who can rent the facility, among other matters.
“The court, being advised that … the parties have reached an agreement concerning the issues raised in the petition, having considered the agreement of the parties, and being fully advised in the premises finds that the agreement should be approved and made the order of the court,” the agreement states.
The order is signed by Judge Sheila Smallwood, along with city attorney Randy Pope and Charles Lawrence, counselor for the VFW. It lays out several provisions from the temporary restraining order that must be followed by VFW officials, including:
- If and when the property is leased or rented to a third party, all flyers, advertisement and posting – including any on social media – must be reviewed by VFW staff before posting. Any lease agreement must include a provision stating that no gang activity, signs or gang attire – or the promotion of gun violence – will be accepted. No weapons of any kind, real or fake, will be allowed on VFW property.
- VFW staff must continue to contract with a certified professional security company and/or off-duty law enforcement officers to perform all security services on the VFW property, outside and inside, when the site is made available to a third party.
- The VFW must have a minimum of two security guards for any special events other than post meetings. The security must be assigned to monitor the outside parking spaces leased by the VFW from the city, as well as parking lots immediately adjacent to the property for any events other than official post meetings.
- VFW staff must post and maintain signs at the property entrance notifying all patrons that no weapons are allowed on the premises. Persons are subject to search at any time while on the property.
- VFW staff must continue to maintain cameras inside the property and ensure those cameras are working properly at all times.
The temporary restraining order was filed by the city late last month after being approved at a Hattiesburg City Council meeting, Ward 4 Councilman Dave Ware said post officials must adhere to two initial conditions: they must not make the facility available for certain events, and they will be required to provide security for all events other than post meetings of the VFW.
“Being consistent is one thing that this council believes in, and when we had issues at other businesses similar to this with gun violence, we took action,” Ware said. “But there are a couple of exceptions, and one is that we’re very sensitive to the fact that this is a veterans’ organization. We’re not trying to shut down the VFW – that is not our intent, and it’s not what we’re going to ask for.
“But (exception) two, if any entity – VFW or not – is going to have an event at their facility, one, they’ve got to make sure they have proper security. And two, don’t invite individuals or organizations that promote gun violence to our city. We don’t want them here.”
The first shooting incident occurred on October 28, following a “Freaky Friday Paranormal Halloween Costume Party” that was held at the VFW. At approximately 12:30 a.m. on October 29, officers responded to gunshots in the area and arrested an individual with a gun.
Officers determined bullets had been fired into several vehicles that belonged to individuals who were present at the costume party.
The second incident occurred at approximately 1 a.m. December 11 at the VFW post, following “The First Annual Industrial Park Kristmas Kicback.” Officers responded to a call of shots fired in the area and located multiple shell casings and two weapons.
An unoccupied vehicle and a window of nearby business was struck by the gunfire. No injuries were reported in connection to the incident, which officers were told began after a fight inside the establishment.
The “Industrial Park Kristmas Kickback” was presented by Drizzy Bad Azz Productions and featured several entertainers such as Tootie Raww, Dipbandz, Lawrence Ots and Marlon Caine, and was hosted by Boosieboytae.
DJ Jukebox and DJ Cool were advertised as being “on crowd control,” and free liquor also was advertised for the event.
“(This) is necessary as there exists urgent and necessitous circumstances to prevent the (VFW property) from being allowed to be used for events that encourage or have a substantial likelihood of promoting and/or encouraging fights, shootings, discharges of firearms, aggravated assaults involving the use of firearms, and other disorderly conduct,” the restraining order stated. “That, due to illegal and criminal activity and violence that has occurred on or adjacent to said premises includes shootings, fights, discharges of firearms, aggravated assaults involving the use of firearms, and other illegal and disorderly conduct, such an order is necessary.
“If such activities and behavior continue, the plaintiff and the residents of the City of Hattiesburg will suffer immediate and irreparable injury, loss and/or damage, and the City of Hattiesburg is without the ability to protect its interests the interests of the citizens of the City of Hattiesburg without a temporary restraining order. The court finds that the plaintiff has pled sufficient fact, supported by sufficient documents, for a finding of a substantial likelihood of success of the merits.”
