‘Jacques’ can reopen anytime’: Judge dissolves injunction against Vicksburg nightclub
Published 5:56 pm Thursday, November 9, 2023
Jacques’, the Vicksburg nightclub that spent the last four months shuttered in an ongoing legal battle with the City of Vicksburg, can reopen at any time, a Sunflower County Chancery Court judge ruled Thursday.
In response to a motion to dissolve filed by the bar’s owners, Jay and Kara Parmegiani, and owners of The Mulberry Vicksburg (which rents space to the Parmegianis for the bar), Chancellor Debra Giles ruled the City of Vicksburg’s preliminary injunction was void.
“In this case, the preliminary injunction suspended the operations of Jacques’ Bar until a final hearing was held. This, in effect, gave the City of Vicksburg everything it requested, a final judgment,” the court order read. “Although the intention of the suspension was to allow the parties to set a final hearing on the merits for the court to determine beyond a reasonable doubt as to whether a permanent injunction should be granted, the (temporary restraining order) provided the City of Vicksburg with no incentive to seek setting a final hearing on the merits, but rendering the preliminary injunction as a permanent one. Thus, the dissolution of the preliminary injunction is proper.”
The City of Vicksburg’s legal department, in response, filed a motion for reconsideration with Warren County Chancery Court. The motion was filed on the basis that City Attorney Kim Nailor had twice requested a final hearing date be set and that the defendants, led by attorney Joe Baladi of the firm Watkins and Eager PLLC, delayed the matter by “engaging in discovery, which the Plaintiff timely responded to and provided all requested information.”
“The City of Vicksburg recently received a ruling from the Sunflower County Chancery Court dissolving its prior injunctive order indicating that the order provided the City with no incentive to seek setting a final hearing on the merits and rendered the injunctive relief to be permanent,” Mayor George Flaggs Jr. said in a statement. “The Legal Department has filed a Motion for Reconsideration of the Court’s Order because the City has tried to set this matter for a final hearing with the Court so that this matter could be heard in its entirety. We have always stated that we will abide by the Court’s Order and mandates as it relates to the safe operation of Jacques’.”
For its part, Jacques’ can reopen whenever the Parmegianis see fit and remain open until a permanent injunction is granted.
Baladi said Thursday evening that the turn of events was “what’s supposed to happen.”
“We will still have a hearing on a permanent injunction, but at this point, the judge ruled that it’s not the proper use of a preliminary injunction to shut a business down,” Baladi said. “You’re supposed to have discovery, a final hearing and you go from there. When (the final hearing) will be, I don’t know; hopefully, sooner rather than later.”
While a reopening date has not been set, Jay Parmegiani said he was “relieved” by the news.
Since being shut down by the City of Vicksburg in July, the bar’s employees have been without work and the business has been dormant. The City sought to close the business at 1320 Levee St. following a series of shots fired incidents in the parking lot, reported fights inside the business and reported underage patrons.
The Parmegianis argued the nightclub management exercised extraordinary security measures inside and out at their business. Those measures include approximately 60 security cameras, “No Loitering” signs, metal detectors, an ID scanner and between five and 10 security guards inside and four to six guards outside the business at any given time. Following a July 5 shooting incident, the business also purchased and installed two license plate scanners on Jones’ recommendation.
“Kara and I are relieved and pleased the judge took the action she did to allow us to reopen,” Jay Parmegiani said. “We operate with extraordinary security measures and we welcome anyone to come see for themselves.”