News Summary
Recent court rulings have cleared Myrtle Beach officials of allegations of racial discrimination in their crackdown on bars in the Superblock district. The Fourth Circuit Court of Appeals found no evidence supporting claims from minority bar owners that law enforcement actions were racially motivated. The city enforced measures in response to rising violent crime, justifying its actions as a need for public safety. Meanwhile, North Myrtle Beach is considering a short-term rental ordinance to handle noise and enforcement issues within rental properties.
Myrtle Beach officials have been cleared of allegations tied to racial discrimination following a crackdown on bars in the city’s Superblock district. A decision by the Fourth Circuit Court of Appeals upheld a district court’s dismissal of a lawsuit filed by minority bar owners who claimed that the city’s enforcement measures were motivated by racial animus.
The appellate panel found no substantial evidence supporting the claims that police actions were driven by racial motives. The lawsuit was initiated by bar owners, including Jim Brady, in January 2019, who argued that the city’s response to escalating violence in the area unfairly targeted their establishments. However, the court categorized these assertions as speculative and lacking in factual basis.
The crackdown was a response to a surge in violent crime reported in the Superblock district, a popular area for nightlife. Incidents of gun violence, including eleven shootings from 2015 to 2016, and other serious offenses such as sexual assaults and robberies, prompted city officials to take action. The district saw a notable increase in violence following the opening of several late-night venues starting in 2013, leading to the need for enhanced law enforcement.
U.S. Circuit Judge J. Harvie Wilkinson acknowledged the city’s responsibility to balance safety concerns with its identity as a late-night entertainment hub. The court’s assessment indicated that the city was justified in its concentrated law enforcement efforts in an area observed to be a center for criminal activity.
The lawsuit encompassed several allegations, including claims of due process violations, civil conspiracy, and breaches of equal protection laws. However, the Fourth Circuit dismissed these claims, affirming that the bar owners did not demonstrate any infringement on their property rights or that the city acted without legitimate authority in its enforcement tactics. Additionally, the equal protection claim was dismissed due to the absence of demonstrated discriminatory intent behind the enforcement actions. The court further invalidated the civil conspiracy claim, clarifying that a city cannot conspire with itself in the execution of its official duties.
Previously presiding over the trial, U.S. District Judge Joseph Dawson III, who was appointed by Donald Trump, ruled in favor of the city officials, directing verdicts on all claims. The appellate panel that reviewed the case included judges appointed by both Trump and Biden, reflecting a politically diverse judiciary.
In the midst of this legal backdrop, North Myrtle Beach city leaders are contemplating a short-term rental ordinance aimed at addressing noise and enforcement issues related to rental properties. While no formal ordinance has been introduced yet, the interim city manager indicated that future legislation would focus on responsible property management rather than restricting rentals themselves. Proposed measures include requiring property owners to designate a local responsible agent available 24/7 to handle complaints.
Additionally, there are ongoing legal challenges related to Myrtle Beach’s short-term rental regulations. MBSC Property South contends that the city’s rules effectively obstruct their plans to convert recently acquired condos into long-term rentals, which they argue is necessary for affordable housing development. This situation highlights the complex interplay between local governance, property rights, and public safety as city leaders navigate the challenges posed by both crime and housing policy.
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- My Horry News: North Myrtle Beach Short-Term Rentals
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