From the Sun Noise:
www.thesunnews.com/news/local/story/834331.htmlState high court memo deals Myrtle Beach a blow
A memo from the chief justice of the state's Supreme Court says Myrtle Beach is at odds with the S.C. constitution for setting up its administrative hearing court to deal with civil infractions like those it details in some of the ordinances it passed to deal with the May motorcycle rallies.
Chief Justice Jean Hoefer Toal on March 23 issued a one-paragraph memo to county and city administrators, attorneys and council chairs that says she received information that some counties and municipalities "are attempting to create by local ordinance another tier of courts, typically designated as 'administrative hearing courts'" to deal with smoking bans and other local ordinance violations.
The city last year passed 15 new ordinances and amendments, one of which sets up an administrative hearing system, and others that create administrative infractions, including the controversial local bike-helmet ordinance.
An Horry County Police vehicle pulls up beside the row of bikers bound for Myrtle Beach on Saturday, Feb. 28, 2009. Photo by Janet Blackmon Morgan / jblackmon@thesunnews.com
Toal calls the administrative hearing system "repugnant" to the state's uniform judicial system, and says setting up administrative hearing courts violates articles V and VIII of the state constitution.
Her memo also says the administrative infractions will have to be heard in municipal court of by the magistrate, which would mean adding to an already crowded municipal court docket.
The administrative hearing process began with cities that passed local bans on smoking in public places, and the city used the state court's support for those bans as a foundation for arguing it could implement a local helmet ordinance.
Myrtle Beach City Attorney Tom Ellenburg and City Manager Tom Leath received the memo this morning, and Leath said there will be discussions among city officials and attorneys about what the memo means and how the city will deal with it.
The helmet ordinance went into effect Feb. 28, and a group of motorcyclists held a protest ride along Ocean Boulevard, receiving the first citations under the city's new law. Leath said the first of the administrative hearings on those tickets are scheduled for April 21, and he's not sure of Toal's memo will affect those hearings.
Mike Shank, owner of Festival Promotions, who promotes the Harley-Davidson Spring Cruisin' the Coast rally that takes place at the beginning of each May, is just one business owner who filed suit against the city to stop it from enforcing some of the ordinances, including the helmet ordinance. His suit, filed in federal court, also challenges the administrative hearing process.
He also received a copy of the memo this morning, and said he sees it as a victory, though he said he couldn't say much because his case is pending in court.
"All I can really say is that this is a positive development and we are looking forward to bike week," Shank wrote in an e-mail.
Greg Hembree, 15th Circuit solicitor, said he had seen the memo, but doesn't expect his office will deal with an influx of cases because of it.
"What happens in the city goes to the city courts," Hembree said. "The city of Myrtle Beach, in particular, is expert at dealing with the seasonal fluctuations in court cases, so I am sure they will deal with this."
Read more about this issue in tomorrow's edition of The Sun News.