By BOB HIGH

A three-hour Superior Court civil hearing Thursday afternoon resulted in Columbus County losing one bid to temporarily close the newest adult entertainment business in Delco, but winning the same order on a second operation about a half-mile away.

Sheriff Chris Batten was disappointed, but noted the civil ax grinds slowly and pointed to a Friday, Aug. 18, hearing to determine if the longtime business known as Magic Moments can be permanently closed.

The sheriff also said further civil action would be filed against the Whispers Erotic Dancing establishment, a business owned by Cynthia Royal Maynor of Jacksonville.

Batten also pledged to 34 members of two Delco community churches that he would continue efforts to close the new Whispers club. “Every day they’re open they’ll be in violation of our county ordinance, and we’re going to make arrests every day they open their doors,” the sheriff stated.

“I encourage you as a faith-based group of Christians to continue to be involved in this process, and I and all my officers appreciate your concerns and support the past few days as we’ve moved to close both places,” Batten added.

Pledged support

Several Delco residents pledged their continued support and presence in the courtroom for any hearings. “If we had known earlier about the hearing today (Aug. 10), we’d been able to get 200 people up here, not just the 30 that came,” one man stated.

County Attorney Steve Fowler, acting on behalf of Batten and his officers, filed the actions calling for a 10-day closure of the businesses before a hearing to determine the future of the clubs’ operation. The actions charge criminal acts and note the locations of both clubs violate distance regulations from churches, school and residences in the county’s ordinance.

Judge Jack Hooks Jr. ruled, after nearly two hours, that an affidavit alleging certain activities at Whispers – which opened in early August – would not be upheld because the “informant” giving officers information about the activities was not called to verify his statements.

The affidavit could not be addressed because the officer swearing to the facts in it did not have personal knowledge of the alleged activities, and only the informant himself could present such evidence.

Allegations contained in the affidavit said activities, including nude dancing and touching by the female dancer and male customers, constituted criminal acts.

Informant not called

Fowler told Hooks at least twice that he didn’t want to call the informant to the stand because the informant’s statements might cause problems with the pursuit of criminal charges. Fowler did not wish to explain this statement when contacted Friday.

Fowler himself was called to the stand after 15 minutes of the proceedings, a surprise move by defense attorney Dennis Worley, acting on behalf of Cynthia Maynor, operator of the Whispers club. Maynor is one of six women charged with various crimes when the clubs were shut down Aug. 3.

Fowler signed the civil complaints – filed at 12:57 p.m. Thursday just three minutes before the hearing began -- which shows that he had personal knowledge of the alleged activities and violations of the county rules.

Worley asked him how could he have such knowledge since he had been out of the county during the period of Aug. 3 – the date the businesses were closed by Batten – and Aug. 9, the day before the hearing.

Fowler said he signed the complaints as a representative of the county and his knowledge of violations of any type were based on affidavits and reports filed by the sheriff’s officers, plus building and fire code inspections made of Magic Moments by county employees.

Hooks ruled, after a 10-minute conference in chambers with Fowler and Worley, that the hearing concerning the Whispers club would proceed on alleged acts and distances from certain buildings.

County planner called

Stevie Cox, the county’s planner, was called from his office to be the second defense witness. Cox admitted he met with Maynor on Aug. 2 when she went to his office and inquired about regulations governing adult entertainment.

Cox, uneasy in the witness chair, said that he told Maynor he knew of no such ordinances, and he did not obtain her telephone number or address before she left.

The planner said after Maynor left he learned of the ordinance governing such operations, but admitted he didn’t try to contact the woman, nor did he drive to Delco to tell her that he had made a mistake.

Cox also admitted that he told a newspaper reporter about Maynor’s visit and told the reporter “county zoning would have prevented such a business from opening.”

Cox denied telling Maynor that because the lack of zoning Columbus County’s people deserve what they get – two such businesses very close to each other.

Worley said that the U.S. Supreme Court’s rulings allow such adult entertainment under the right of free expression and speech. It was also pointed out that the Supreme Court has ruled such a business cannot be located within 1,200 feet of a church or school.

County restrictions

Columbus County’s ordinance restricts adult entertainment inside 5,000 feet from a church, school or day care facility, and 3,000 feet from a home or another sexually orientated business.

The hearing was suspended for another 10 minutes while Cox was sent to his office to bring his telephone note pad to the courtroom. His notes of Maynor’s Aug. 2 business showed the business name and operation hours of 8 a.m. to 3 a.m. Monday through Saturday.

Worley argued the county is trying to regulate the adult activity by an ordinance that can’t go further than the state law, and the county had made no showing against the Whispers business that caused injury to the county.

Fowler countered by saying “scant clothing” ruled legal in one case cited by the defense was not the case, because the woman was nude, but did not offer any direct information about events inside Whispers by the informant.

The county’s affidavit showed a woman danced nude for a customer at Whispers – using money given him by the Sheriff’s Drug & Vice Unit -- and touched him by helping him undress, but the lack of the informant testifying about the incident kept the evidence from being presented in court.

It was shown that the Delco Pentecostal Free Will Baptist Church was 809 feet from the Whispers location – well inside the 1,200 feet established by the U.S. Supreme Court. The Delco First Baptist Church is 1.234 feet from the same club.

Hooks asked Fowler if the county wanted to address “hearsay” evidence presented by the affidavit, and when Fowler again declined to put the informant on the stand Hooks said the county’s complaint against Whispers was denied.

Different result

“You get the proper affidavit and you’ll get another hearing. Or better yet, you get a witness and you’ll get a different result,” the judge told Fowler.

Detective Kevin Norris read to the court statements by two of the female employees at Magic Moments, both arrested on Aug. 3. The women stated they had committed sex acts inside the club that has operated for more than 20 years just east of the U.S. 74-76 and N.C. 87 intersection.

Both women said Don Mercer of Jacksonville was the “boss,” and Maynor had been the manager of the business in recent months before she quit to open the Whispers club.

Norris noted the Faith Baptist Church and Christian school were just 272 feet from Magic Moments. The nearest home is 334 feet away. Kevin Thompson, the county’s fire inspector, said he inspected Magic Moments’ building and found several violations.

David Ray Reeves, the county’s building inspector, noted the Magic Moments structure was “bad,” and had health issues, as well as electrical problems.

Hooks quickly granted the county’s 10-day injunction in this complaint, as no one appeared to fight the action.