In a 3-1 vote with one councilman absent, the town instituted the ordinance requiring all late-night bars to close their doors by 2 a.m., effective immediately. Ordinances requiring bars to shut down at 2 a.m. were also recently passed by the city of Charleston, town of Mount Pleasant and Charleston County.
At least five bars and some other smaller establishments are affected in James Island.
Ron Brandon, owner of The Reef on Folly Road, said with unlimited hours of operation, the bar is worth about $600,000. With the bar closing ordinance, his bar's value would "instantaneously decrease to under $100,000."
"The Reef cannot make a profit with 2 a.m. closings," said Brandon, who has owned the bar for five years and has 15 years remaining on his lease.
He plans a lawsuit against the town for illegal taking of property and plans to seek as much as $1 million in damages.
Brandon told council before the vote that if the ordinance passed, he would put his property up for sale the next day.
Town attorney Michael Socha said he doesn't believe the 2 a.m. closing is an illegal taking issue.
"The town is prepared to defend itself in any way that we need to," Mayor Mary Clark said.
Ashley Thompson has owned Island Grill and Bar since June. The ordinance will wipe out more than 30 percent of her business on Friday nights, the one day of the week when the bar has unlimited hours.Most town officials agree that the ordinance is in the best interest of James Island, which is currently fighting a lawsuit from the city of Charleston to abolish the town. In February, Charleston won on the circuit court level, propelling the town's appeal to the S.C. Supreme Court, which has yet to decide.
According to Clark, the town could see an increase in late-night drinkers and subsequently in the use of the Charleston County Sheriff's Office on James Island due to drinkers coming from other time restricted areas. Clark believes the town should tread lightly -- even in its use of additional county services -- until the lawsuit with the city is decided.
"We have no way at this time to pay for law enforcement. We have to depend on the county," Clark said. "For me, it is the survival of the town, and that's the most important thing there is," she added, referring to her stance on the bar-closing ordinance.
Councilman Bill Woolsey cast the dissenting vote, saying that the county has not provided information about any cost the town would incur due to extra policing of the island from unlimited bar hours. Woolsey leads the town's public safety committee, which recently voted 7-2 to recommend the ordinance's approval to the council.
"I do not believe we can say we must pass this because we can't afford to pay for law enforcement. I do not think that is a fair assessment," Woolsey said.
"I don't think we should have a 'wait and see' attitude about this," said Councilman Joe Qualey, adding that his decision to support the ordinance was swayed by the public safety committee's recommendation.
Councilman Bill Wilder was absent.
While bar owners and some residents spoke against a time restriction, others voiced concerns over the noise levels from bars, particularly The Reef. In addition to the bar-closing ordinance, the council unanimously approved an emergency noise ordinance.
"It's unbelievable how loud it is," said Margaret Holseberg, who cares for her father who lives next door to The Reef but is hard of hearing. "The Reef has not necessarily been a good neighbor to him."
Sue Scarrett, who also lives near The Reef said she's had to call the police numerous times because of noise.
Brandon said noise complaints are inevitable and could happen anywhere, even from a local park. A few complaints should not warrant a blanket law affecting a numerous businesses, he said.
"It's an infringement on rights, (and) it's going to hurt tourism and businesses all around," said Scott Stengel, a resident who opposes the ordinance. Still, he sees the town's reasoning.
"This is a new town," Stengel said. "We don't need to extend county services because we're in litigation with the city."
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