By BOB HIGH
A Superior Court judge has ordered a Delco adult entertainment club to remain closed for at least another week because of a delay in serving the club’s owners from Onslow County with legal paperwork.
“I’m going to issue another 10-day restraining order against the defendants (Gabriel Spence Mercer and his father Donald Mercer) and set the next hearing for Monday, Aug. 28, at 10 a.m.,” said Judge Gary Trawick Friday. The decision kept Magic Moments closed following an August 3 raid by authorities.
Trawick said he wanted to make sure the club’s owners had sufficient time to prepare their case before ruling on Columbus County’s complaint that the erotic dancing business violates a local ordinance.
One of the defendants – Gabriel Spence Mercer -- did not receive legal paperwork until Aug. 14 and the law requires that he be given at least five business days to prepare – which would be today. County officials had hoped the court would close the strip club at Friday’s session.
County Attorney Steve Fowler told Trawick the restraining order issued against Magic Moments on Aug. 10 by Judge Jack Hooks Jr. was served on Gabriel Spence Mercer by certified mail on Monday, Aug. 14, but a similar notice to Donald Mercer had been returned – “unserved.”
Sheriff Chris Batten said late Friday he had contacted Onslow County Sheriff Ed Brown and the restraining order had been put in Brown’s hands for service on Donald Mercer. “He’ll get it done in person if Donald Mercer is in his county,” Batten said.
More than 50 members from six Delco-area churches gathered in the courtroom Friday in anticipation of a ruling to shutter the business – a thorn in the community’s side for more than 20 years. They were disappointed, but understood Trawick’s decision.
“I don’t want to hear the case and make a ruling that has to be set aside,” Trawick said.
“In fact, 10-day restraining orders can be continually set until appropriate service is obtained on the defendants. There’s no limit on the number of times the restraining order can be put into effect,” the judge noted.
Batten spoke with the delegation of Delco residents after Trawick’s ruling, and noted the process “is frustrating, but like I said before, the civil process is slow and there are certain requirements as we move along.”
A comment from a resident noted it appeared Donald Mercer was avoiding service of the paperwork. Batten said service would be made on the father and son about the new hearing date “if they’re in the United States.”
“We at the Sheriff’s Office appreciate your support in this matter. This isn’t the end and I won’t stop until there’s a ruling for Magic Moments to stay closed,” Batten added.
“We’re going to stay behind this thing, and the sheriff will get our continued support,” said the Rev. Martin Benton, minister of the Delco First Baptist Church.
Benton said his church is less than 1,100 feet from Magic Moments, well inside the county restrictions of 5,000 feet, and also inside the 1,200 feet set by a U.S. Supreme Court ruling for such activity.
Benton said many residents of the Delco community have said they need to go to a county commissioner meeting and make sure the commissioners toughen existing ordinances concerning adult businesses. The minister did not say when the group would attend.