A Federal Court granted North Myrtle Beach summary judgement in it’s beach rentals lawsuit. However, comments from the opposing council suggest the case might continue.
BEACH RENTALS – How does a city go into private business? Why?
City, county, and federal governments are increasingly opting to engage in private enterprises. The Heritage Foundation argues that this establishes an alarming pattern. Governments possess access to private businesses’ tax records, income, and, in certain cases, their client databases.
How does a private beach rentals business compete against that?
Laissez Faire government?
The United States was established based on the principle of a Laissez Faire government. In a Laissez Faire government, the role of the government in the economy is minimal, allowing individuals and businesses to operate with little to no government intervention or regulation. This approach is based on the belief that a free market will naturally regulate itself and result in the most favorable economic outcomes. The term Laissez Faire translates from French to let it be or allow to do.
The Beach Rentals lawsuit serves as an illustration of the growing trend in city governments to establish private businesses or engage in private public partnerships. In the case of Myrtle Beach, the city operates as a real estate entity, while Surfside Beach owns a private pier. North Myrtle Beach owns this private beach rentals monopoly. Additionally, South Carolina owns Santee Cooper, a competitor in the private sector.
Statement from North Myrtle Beach City Government
In a prepared statement for the press, North Myrtle Beach writes, “The City of North Myrtle Beach respects and is grateful for the federal court’s decision to grant our motion of Summary Judgment and dismiss the entire case brought by Cherry Grove Beach Gear against the City.“
Said Attorney Kenneth Moss who represents Cherry Grove Beach Gear, “We are obviously disappointed with this decision by the Court. The decision is predicated on “state-action immunity”, which is an immunity crafted by the United States Supreme Court in certain circumstances. It is hard for us to accept that state-action immunity could arise under these circumstances, as we understand the decided appellate case law. We do know that the United States Supreme Court has declared that state-action immunity is disfavored and is only afforded to local jurisdictions when the legislature has clearly articulated a policy to displace competition. The Calhouns and we are evaluating their next steps. It is likely that this litigation will continue into the foreseeable future.“
Added the city, “North Myrtle beach is a flourishing community and a highly sought after destination for millions of visitors. We want all businesses to thrive in our community, but they must adhere to laws and regulations put into place for the safety and well-being of our citizens and visitors.”
WHO WRITES THOSE LAWS?
Ofcourse the City of North Myrtle Beach and their friends in S.C. State Legislature write those very beach rentals laws. Do these laws allow a beach rental monopoly for the city?
Says North Myrtle Beach, “The court’s well-reasoned ruling supports our City’s long standing interpretation and enforcement of South Carolina law and City ordinances governing the public beach. We believe this decision benefits not only our community but all South Carolina coastal municipalities entrusted with the stewardship of a public beach.“
The Federal Beach Rentals Order can be viewed here.
Entrusting Government with a beach?
The Horry County Beach patrol has faced various issues involving the injury of individuals, including an incident in June where a woman who was sunbathing on the beach lost her life. The City of North Myrtle Beach has not provided any official statement regarding this particular incident. The patrol uses trucks to service beach rentals locations.
Horry County Beach Patrol officer LCpl. Julian “Duke” Brown, who was operating a pickup truck belonging to the Horry County Police, ran over Sandy Schultz-Peters, a 66-year-old individual, as confirmed by the South Carolina Highway Patrol during the month of June while she was sunbathing on the beach.
Brown drove onto the beach from the Nash Street beach access near Springmaid Pier and crushed Schultz-Peters killing her. Troopers reported the incident.
As per the lawsuit for wrongful death filed by the victim’s family, Brown opted to drive on the beach without prior consideration for the presence of individuals or obstacles.