Approximately three weeks after Hattiesburg City Council voted to allow city attorney Randy Pope to file a resolution that resulted in the temporary closure of the Top 5 Bar & Grill for safety reasons, an agreed order signed by Chancery Judge Sheila Smallwood will allow the bar to reopen if certain conditions are met.
The order, which was filed on July 6 in Forrest County Chancery Court, mandates that several security measures must be implemented before the bar – which is located at 6104 U.S. 49 in Hattiesburg – can be operated. Those include, but are not limited to, additional cameras on the outside; parking lot measures that adhere to occupancy numbers; a barricade for the South 25th Avenue entrance so that parking lot access is only available from the frontage road; and privacy fencing to serve as a barrier between the operating business and residential property owners.
“I’m grateful that an agreement that prioritizes the safety of our residents and those who patron Top 5 Bar & Grill has been established,” Ward 4 Councilman Dave Ware said. “The measures outlined in the order are reasonable and attainable.
“We fully support businesses who strive to be a part of our city’s thriving quality of life through food and entertainment. However, it’s critical that public safety remains a priority and that we work alongside our police department and stakeholders to continue our commitment to a safe environment for our residents, businesses and visitors.”
If and when the bar reopens, it will fall under a 90-day probationary period to review compliance with the order.
The resolution, which is officially known as Resolution 2023-89, was filed after officials from Hattiesburg Police Department reported receiving more than 80 disturbance calls from Top 5, including two recent ones involving weapons. According to the resolution, various illegal activities have occurred in and near the business since it opened in September of last year, including but not limited to fights, shootings, robbery and vandalism.
“When a business or organization operates or allows its customers and/or patrons or others who come on the property to act in a manner that endangers the safety, protection and welfare of its patrons, so that the operation of such a business or organization may be properly deemed a public nuisance, it is appropriate for the governing authorities of the city to bring an action in court to abate said public nuisance,” the resolution states.
“Officers of the Hattiesburg Police Department have been called repeatedly since the business opened by homeowners in the neighborhood about the loud noise and music from the Top 5 Bar & Grill, which disturbs the peace and tranquility of those homeowners. One of the primary responsibilities of the (city) is to secure the general safety, protection and welfare of the residents and businesses of the city.”
The resolution was introduced at the council meeting by Ware before being seconded by Ward 3 Councilman Carter Carroll. Those two council members, along with council president Jeffrey George, voted in favor of the measure.
Ward 2 Councilwoman Deborah Delgado was absent from the meeting and did not vote; Ward 5 Councilman Nicholas Brown abstained from voting.
The most recent incident at the business happened on June 10, when officers responded to a report of a shooting at the club. Upon arriving, police found that three individuals had received gunshot wounds inside, or in the vicinity of, the Top 5.
One the victims had been shot in the back and was transported to Forrest General Hospital by AAA Ambulance Service; the other two victims were transported to the hospital via personal vehicles. All three individuals were treated for gunshot wounds and released.
Officers found approximately 75 bullets and shell casings in the parking lot of the club, whereupon they determined that at least five different guns were used in the shootings. Several vehicles in the parking lot were damaged by gunfire, as was CarQuest, which is adjacent to the facility.
At the time on the June 10 shooting, there were only two security guards outside the Top 5, but they were not in the parking lot, as they were stationed at the door checking for identification and weapons.
Another recent incident happened on May 27, when a man came to the Top 5 to purchase lunch and was pistol-whipped and robbed in the parking lot of the establishment. He was treated for his injuries at Wesley Medical Center.
There was no security present during that incident, and club owners did not have cameras installed in the parking lot.
“Following this incident, the management of Top 5 Bar & Grill was warned by members of HPD that cameras were needed that would show activity in the said parking lot, but no such cameras were or have been installed,” the resolution states.
During the June 10 incident, two security persons were present. However, they were not in the parking lot, as they were stationed at the door of the club checking for identification and weapons.
“After officers of the HPD arrived, they estimated there were between 100-200 persons inside the Top 5 Bar & Grill when the shooting began, including the person who was shot in the back,” the resolution reads. “At the time of the incident Top 5 Bar & Grill had six cameras inside the place of business, but no cameras outside, despite the person being pistol0whipped and robbed in broad daylight on May 27, 2023.”
In recent years, council members have taken similar action against other establishments in the city – including Nostalgia Lounge & Bar and the Hunt Club – to abate violent acts at those sites.
