Upper Level Fights To Reopen

Jackson city leaders want to know if a downtown nightclub is a "nuisance" and a threat to the community. Police are investigating the Birdland Restaurant and Lounge after a weekend shooting that left one person dead. They will turn their findings over to the city's legal department. If they see a problem, they'll take the case to the Hinds County Chancery Court.

"We're just investigating," said Assistant Police Chief Lee Vance. "It's up the city attorney's about what to do next."

Attorney Pieter Teeuwissen could not be reached for comment. The city has a policy of taking legal action if a business is deemed a nuisance or a safety hazard.

In May 2008, a judge ordered the Upper Level Sports Bar and Grill on West Northside Drive to close after Former Mayor Frank Melton's administration claimed it was causing too many problems for police and the city.

Almost a year and a half later, the owner, Sandra Moore Johnson, wants the courts to lift that ban.

Her attorney, Precious Martin, filed a motion in Hinds County Chancery Court to lift the preliminary injunction. A hearing is set for October 7th. Martin says his client purchased a $1 million premises liability insurance policy and hired an experienced security company to provide an assessment of the security measures to keep the club safe.

"It's time for this business to open its doors again," said Martin.

According to documents obtained by News Channel 12, between June 2007 to June 2008, police responded to 193 calls at the club. But after it was closed, they responded to only 13 calls.

"They haven't been open so, it hasn't bothered us a bit," said Tory Shelton, who's been working for the last eight months at a hair studio, which is directly below the club. He says he hasn't witnessed any crimes.

"Not in this area, not since I've been working over here," he said.

The club's doors are locked shut, and you can't see through the tinted windows. But Sandra Moore Johnson and her attorney are hoping that will change very soon.