In response to community concerns over the May 28 arrest of Haywood Simmons Jr., the president of the Simmons Boys Outback Club, LLC, which is a business that has been operating motor vehicle riding without proper zoning from Monroe County for over a year, the Monroe County Board of Commissioners is providing some background information about the ongoing legal matter.
After the Simmons Boys Outback Club began operations in early 2021, a neighbor notified the Monroe County Planning & Zoning Office about all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) operating at all hours of the day and night in addition to loud music coming from the 17.29-acre Lower Simmons Road address. The Monroe County Planning & Zoning Office sent the Simmons’ a notice that they were not in compliance with Monroe County Zoning in early 2021 and informed them of the steps that must be taken to come into compliance. The Simmons’ made no efforts to meet with or work with the Monroe County Planning & Zoning Office.
Monroe County Code Enforcement Officer Deputy Jeff Wilson, and other Monroe County Sheriff’s Deputies, have visited the Lower Simmons Road address on numerous occasions. The Monroe County Building Department determined that a building had been constructed at the Lower Simmons Road address without the property owner first obtaining a building permit or obtaining any trade permits.
In late 2021, Monroe County Sheriff’s Office (MCSO) visited the Lower Simmons Road address and determined that the Simmons’ were operating an illegal organized motor vehicle operation on their property. In order to have organized motorized vehicle racing and/or riding in Monroe County, a property owner must have Commercially zoned property and a Conditional Use Permit from the County. The Simmons’ have been informed of this on multiple occasions and have sought neither.
The Simmons’ were tried and convicted for violating the Monroe County Code of Ordinances on November 3, 2021. As punishment for violation of the County’s Planning & Zoning ordinance, Monroe County Magistrate Judge Buck Wilder issued a $500 fine per day that the Code of Ordinances is violated to the Simmons family, which was paid. However, in his ruling Judge Wilder also ordered the Simmons family either to cease operation or to request formally for a zoning change to commercial and a conditional use that would allow the business to operate legally under Monroe County zoning code. Monroe County Zoning Officer Kelsey Fortner subsequently sent three separate letters with attached zoning applications to the Lower Simmons Road address. Two of the three letters were returned to Fortner’s office with the word “Covid” written across the applications while the third letter was returned with no writing on it. In addition, Simmons Jr. failed to respond to repeated attempts by Fortner to contact him and arrived 45 minutes late to a meeting with Fortner and Dep. Wilson on Dec. 9, 2021.
With Simmons Jr. continuing to operate out of zoning compliance, the Monroe County Board of Commissioners discussed on Jan. 4, 2022 taking legal action against the Simmons Boys Outback Club and agreed to file an injunction against the business. Monroe County Attorney Ben Vaughn subsequently filed a civil action against Simmons Boys Outback Club in Monroe County, and the matter was heard by Towaliga Circuit Superior Court Judge Tommy Wilson on Tuesday, May 17, 2022.
At the May 17 hearing, Haywood Simmons Jr. told Judge Wilson that he did not have an attorney present and requested time to hire one. In response, Judge Wilson issued a temporary injunction and restraining order against Simmons Jr. and all other “members” of the Simmons Boys Outback Club. Judge Wilson scheduled another hearing for 9 a.m. on June 15, 2022 in Monroe County Superior Court to allow Simmons Jr. time to hire an attorney. At the hearing Judge Wilson carefully explained to Mr. Haywood Simmons, Jr. what his order was going to say and that the Simmons’ would be restrained from operating ATVs and UTVs and other motorized vehicles on the property until June 15. Judge Wilson required Mr. Simmons to repeat his order back to him and confirm that he understood. Judge Wilson informed Mr. Simmons that if he violated his order he would be incarcerated until the June 15 hearing and gave MCSO deputies permission to arrest Haywood Simmons Jr. and other Simmons Boys Outback Club members should they operate during the interim period prior to the June 15 meeting.
MCSO deputies learned on Saturday, May 28 that the Simmons Boys Outback Club was in operation even after being instructed by Judge Wilson to cease operation until the matter could be addressed again in court on June 15. When MCSO deputies arrived at the address, two persons, Haywood Simmons Jr. and Shonita Roach, were taken into custody and booked into the Monroe County Jail. Both Simmons Jr. and Roach were subsequently released from custody on Sunday, May 29, 2022.
The legal matter remains ongoing with the next civil court hearing still scheduled for 9 a.m. on Tuesday, June 15 in Monroe County Superior Court.
