A circuit judge on Tuesday ruled against several arguments bars had raised against the city's 2 a.m. bar closing ordinance, three months after the S.C. Supreme Court ruled that municipalities have the right to restrict bars' hours.
Meanwhile, The Reef, a popular bar in the legally-besieged town of James Island, found itself caught in the middle this past weekend - forced to close down at 2 a.m. even though a Friday court ruling indicated they could remain open.
When Charleston County Council passed a new law last week that shuts bars down after 2 a.m., The Reef fell under the county's jurisdiction and had to shut down.
Sheriff's deputies shut the bar down early Saturday, but that was hours after a judge breathed new life into the town of James Island, which does not have a bar-closing ordinance. Deputies had not heard the news and forced the bar to close despite management's protests.
Now the sheriff's department has given the bar a reprieve, saying it does not have to comply with the county bar curfew while James Island continues its legal fight to remain a town.
But next week, the town of James Island may consider a 3 a.m. bar curfew - if The Reef doesn't police itself, said Mayor Mary Clark.
The county passed its curfew after similar laws went into effect in Mount Pleasant and Charleston, forcing the late-night party set out of downtown and into the suburbs.
"We, of course, don't want to be sin city for everyone to dump on," Clark said.
Another set of late-night revelers may get bounced around as well, this time from one strip joint to another.
Thee Southern Belle, an all-nude dance complex outside Charleston, claims that it doesn't have to shut down at 2 a.m. because it doesn't sell alcohol. Belle attorneys, however, say the deputy county attorney has warned them that they must close because people consume alcohol as they are being entertained.
On Tuesday, a sheriff's department spokeswoman said the department does not know if it will shut down Thee Southern Belle at 2 a.m. Friday, the first night of the week the establishment is normally open after hours.
The department is awaiting a legal opinion from county attorneys, the spokeswoman said.
County Attorney Joe Dawson has not returned several calls about the 2 a.m. ordinance.
The rush for the 2 a.m. closing curfew began after bar owners in the city of Charleston lost a challenge to the city's ordinance last year before the S.C. Supreme Court.
Owners also argued that the ordinance is being enforced unfairly because bars are required to completely close at 2 a.m., while other businesses where alcohol is served, such as hotels with bars, do not have to close.
Charleston Mayor Joseph P. Riley Jr. said the city is requiring bars in hotels to close at 2 a.m., but said the argument that hotels must completely shut down was "unreasonable."
Circuit Judge Roger Young ruled on Tuesday that the ordinance is not being enforced unfairly. He also rejected other arguments, including that bars have the right to compensation for being forced to close earlier.
Riley hailed the ruling, which he said could mark an end of legal challenges to the city's ordinance.
"It's great news for our citizens and our neighborhoods," he said.
Bar owners could appeal the ruling. Skip Martin, the attorney representing the bar owners, could not be reached for comment Tuesday.
Jim Curley, who owns AC's on King Street, said it might not be worth appealing the ruling. He said he is frustrated with the city's ordinance but said his business will survive the earlier closing time.
"It seems like it's never-ending, but I really can't see any other reason to pursue it in the courts now," he said.
Another avenue for frustrated bar owners could be the General Assembly, where Sen. Robert Ford, D-Charleston, introduced a bill in January that could allow bars to stay open past 2 a.m. again.
Copyright © 2003, The Post and Courier, All Rights Reserved