The City Council met on Tuesday afternoon to make a decision on appealing Judge Spencer Singleton’s ruling to require that the entertainment district ordinance go to a vote.
The entertainment district ordinance allows businesses with a license to serve alcohol to patrons in a regulated cup, which may be carried throughout the district — including onto downtown city streets — and into any businesses participating in the district.
The Magnolia City Council in May voted 5-3 to establish an entertainment district in the city.
Ballot initiative group Magnolia Votes submitted a petition for the ordinance to be voted on by Magnolia residents, but the petition was considered insufficient by City Attorney Jennifer Jameson McKendree for not containing an exact copy of the original ordinance.
Magnolia Votes submitted an amended version of the petition in July, which was not filed as McKendree believed it would be considered void under state law. At which point Magnolia Votes hired a lawyer and filed a suit against the city.
The suit asked that the courts declare the original ordinance constitutionally too vague on the boundaries of the entertainment district and require the city to accept the amended petition.
Singleton denied the request to consider the original map invalid but ruled that the city accept the Magnolia Votes amendment to their petition.
The council voted to not appeal.
A special election will be held in November to decide if the entertainment ordinance is enacted or repealed.