By Sarah Stephens
Elmore Autauga News
A proposed sports bar/lounge in the Old Kingston Community was discussed at the Autauga County Commission Tuesday evening, including public comments from the potential owners wanting to open the business. Residents who are opposed also voiced concerns.
In public comments Mittie Green, who lives close to the proposed location which is 978 CR 40 West (the former Old Kingston Community Center), said she is worried about the problems that could come with a bar. She said it could draw a bad element and potential violence with alcohol involved.
Other residents said there are better uses for the old community center than a bar.
Green said she was speaking on behalf of several residents with concerns in the small, quiet community.
This is not the first time that the proposed Ballerz Lounge owners have attempted to obtain approval for their ABC license application.
Later in the meeting, the commission opened discussion about potentially approving the ABC License application, however no commissioners voiced opinions. There was no official vote on the agenda. Desmond Walton and Xavier Carrol were listed on the agenda to speak. Walton said he has submitted a 12-page petition to the Commission in the past with signatures of residents of District 5 who have no issues with the new business.
He then gave them copies of an “emergency complaint” from Old Kingston resident P. Brown Bey, who claims laws are being violated due to inaction of the Commission.
In the letter, Brown states he requests immediate action regarding “the obstruction of a local business (Ballerz Lounge) that has fully complied with legal requirements and yet remains unlawfully delayed from opening.”
Bey writes that this delay has imposed significant financial, economic and legal hardship to the business owner and the public.
He cites the legal basis for emergency relief as:
Violation of Alabama Constitution – Section 35. “By delaying this business despite lawful compliance, the Commission infringes upon the business owner’s property rights and the public’s right to commerce and economic development.”
He also cites violation of commerce protection within the Code of Alabama 11-3-11. “Requires the commission to perform its duties in the best interest of citizens. Blocking the operation of a compliant business directly harms the economy and violates this statutory duty.”
According to Desmond Walton, he confirmed information in the official complaint. This includes that the proposed business has passed all required inspections and paid for its local license.
In Bey’s complaint, he writes, “Under the 14th Amendment, the business owner is entitled to operate without arbitrary government interference. Delays beyond the legal framework are illegal and an abuse of power.”
He requests, among other things, a formal public explanation for the commission’s delay.
The EAN reached out to County Attorney Kyle Shirley for any information or comments that the Commission could share.
Shirley explained that as this is a pending legal matter, there will be no comment regarding Ballerz Lounge at this time.
Autauga County Sheriff Mark Harrell said his primary concerns are the extra activity that could come with a bar, and he worries about his shortage of patrol deputies.
“A single major incident can take up every deputy I have on duty,” Sheriff Harrell said.
Harrell said that on any given night he may have five or six deputies patrolling the entire county which consists of 604 square miles.
We will continue to follow this story and update with any new information.
We will have more information coming regarding the Commission meeting from Tuesday nights, and other business addressed.
