09-24-1984 Special Called MeetingSeptember 24, 1984
.A special called meeting of Mayor and Council was held September 24, 1984 at Smyrna
City Hall. The meeting was called to order at 6:00 p.m. by presiding officer Mayor
f Arthur T. Bacon. All Council members were present. Also present was City Attorney
i Charles E. Camp, Assistant City Clerk Melinda Dameron, and Police Chief R. E.
Little.
Appeal of Recorder's Court Decision: Teri S. Jones requested an appeal of the
decision of Recorder's Court of September 6, 1984 where she was found guilty on
.two counts of operating a business without a.license. Rebecca Bridges also requested
an appeal of.the decision of Recorder's Court of the same date where she was found
guilty on two counts of giving massage without licensed supervision.
Attorney Charles V. Candy represented both defendants and stated the appeal by
.Rebecca Bridges was being withdrawn. Ms. Bridges was sworn in by Mr. Candy and
Police Chief R. E. Little was sworn by City Attorney Charles 'Camp. Mr. Camp also
instructed Council to disregard any information they have concerning Ms. Bridges.
Mr. Candy. said this appeal was being made based upon the fact that the testimony
given by witnesses in Judge Reeves court did not establish beyond reasonable doubt
that anyone saw Ms. Jones at her condominium nor was there evidence of any business
being conducted on the two days in question, August loth and August 16th. Mr. Candy
said at this point his client stands innocent until proven guilty by Council.
\ Chief Little testified and said he was the arresting officer in the cases. He had
received numerous complaints about activities taking place at 1102 Huntington Trace
Drive from other people living in the complex. The house was placed under
surveillance, and was under surveillance on August loth and 16th. He observed one
person entering the house on both days and questioned one of the individuals who
later testified under oath in.the presence of the defendant as to what transpired.
The testimony from the August lath incident was by Mr. Raymond C. Brown who stated
that he read an advertisement in Creative Loafing for a massage by Teri, with the
telephone number. He went there about 2 months ago and again today, August 1Qth,
and paid $35 for a massage by Becky. On a prevous visit he received a massage by
Teri for $35. Mr. Brown also identified the two women in court. Chief Little said
he had obtained copies of Creative Loafing where the. ads did appear on different
occasions with the telephone number, also being the same number Mr. Brown said
he had called. Based upon the statements given by Mr. Brown and also Mr. Cowart,
the cases were made.
Mr. Cowart was not available for testimony tonight, but .also testified in court
that he saw the ad in Creative Loafing and called -and made an appointment for
August 16th. The charge was $50 for one hour. He was given directions to the
apartment and when he got .there was given a massage by Becky. He also testified
there was another female in the unit; a large brunette. Chief Little said he did
not enter the house until after these people had left. He went to the apartment
accompanied by the defendant's attorney and booked the cases. Chief Little said
he did check to be sure they had no permit or license in the City. Both cases were
made the same day; after August 16th. Both witnesses said they went to 11Q2
Huntington Trace Drive. One said he saw Ms. Jones--at-the house and. -.another .said
he had seen her there on previous occasions.
Jim Hawkins asked why they appealed the case. Mr. Candy said there has been no
proof that Ms. Jones operated a business on the two days in question and also said
she no longer operated a business.
Rebecca Bridges testified and said she had been in Ms. Jones home on a number of
occasions but has never worked for her. She was at her home on August 1Qth and
16th but Ms. Jones did not have any men guests on either of those dates. Ms. Bridges
said she did not know Ms. Jones telephone number was being used to advertise
massages, and had never observed Ms. Jones giving massages. When asked about her
own occupation, Ms. Bridges said she was a management consultant.
Jack Shinall asked Ms. Bridges if she performed a massage on August lath, and the
answer was yes. Jack Shinall asked if she also performed a massage on August 16th,
and the answer was also yes. However, Ms. Jones was not present when she performed
either of the massages and did not recall her being in the house on either day.
Ms. Bridges said she received the money for the massages on both days and did not
inform Ms. Jones of her activities. Ms. Bridges she kept a key to her home because
they are friends and she visited frequently; sometimes when Ms. Jones was not at
home. Ms. Bridges said she had never received a call at Ms. Jones home requesting
a massage, and had never informed Ms. Jones of her activities at all. Ms. Bridges
said she did not talk to the men on the phone and did not make the appointments;
she did not know who talked to them.
September 24, 1984 -_Continued
Mr. Raymond C. Brown was called to testify and was sworn in by Attorney Camp. Mr.
Brown was shown a copy of the statement made in court, and he reaffirmed that it
was the statement he made under oath. Mr. Brown said that on August 10, 1984, he
received a massage from Becky, and identified her in the Council chambers. On a
previous visit he received a massage from Teri, and also identified her. Mr. Brown
said on August loth, Teri came into the room when he was there with Becky. He said
they had a massage table set up in one room and it looked like a legitimate
operation. He made the appointment from an ad he saw in Creative Loafing and thought
he spoke to Teri, but he was not sure. Mr. Brown said he paid cash on both visits.
When he called for the appointment he received directions to the house.
In closing, Mr. Candy said Chief Little's testimony regarding the August loth
incident was that he observed Ms. Jones enter her condominium. They had testimony
as to an affidavit introduced into court, and Mr. Brown also testified to the same
thing, that he saw Ms. Jones on that same day. He did not pay. her any money and
she did not particiapte in any activities with him. As to the August 16th testimony,
Chief Little testified that he did not recall whether or not he had seen Ms. Jones
or not. Mr. Cowart also stated in his affidavit that he did not see Ms. Jones on
that day. Mr. Candy said there has not been a single piece of evidence that she
was even in her condominium that day.
There were no further questions, and Jim Hawkins then made a motion the decision
of Recorder's Court be upheld. Jim Tolleson seconded the motion which carried 7-0.
Appeal Civil Service Board Election: Mayor Bacon said that Theodore Farland had
qualified for the Civil Service Board electon as the member to represent Fire and
Police on September llth. He was notified on September 21st by letter that he was
not qualified to seek the position because he is not a property owner, as required
by our Charter. Mr. Wink Winkenhofer was also notified of his disqualification
for the same reason.
Attorney Camp said he was not aware of the ruling made in 1983 by the Attorney
General stating that provisions in municipal charters requiring candidates for
municipal office to be "freeholders" are unenforceable and unconstitutional. Based
upon this information, Mr. Camp said that portion of our Charter would be
inappropriate, and should be changed, as it will apply to any city election.
Jim Tolleson made a motion that Mr. Farland and also Mr. Winkenhofer be notified
by letter that they are eligible and qualified candidates for this position on
the Civil Service Board, in the October 5, 1984 election. James Williams seconded
the motion which carried 7-9.
With no further business, meeting adjourned at 6:55 p.m.
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ARTHUR T. BACON „ MAYOR
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WILLOUISE C. SPIVEY, CI CLERK
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