Legal costs mount for Myrtle Beach

Jun 10, 2009 — The Sun News

Josh Dawsey

Jun. 10, 2009 (McClatchy-Tribune Regional News delivered by Newstex) -- Myrtle Beach's legal costs fighting lawsuits filed against its new motorcycle ordinances have risen to six figures.

The city has spent about $105,000 with the law firm Battle and Vaught, defending itself from four separate suits, city attorney Tom Ellenburg said Tuesday.

"That's really not a lot," city spokesman Mark Kruea said.

The city passed several ordinances last year -- including one requiring motorcycle riders to wear helmets -- aiming to stymie the effects of May's two bike rallies, the Cruisin' the Coast Harley-Davidson rally and the Atlantic Beach Bikefest.

The strategy has divided the city, with some businesses complaining that the new rules cost them revenue and others applauding the city for taking action against events that have drawn about 500,000 visitors to the area each May.

Today, one of those groups supporting the city's efforts -- dubbed Take Back May -- is sponsoring a "thank you" luncheon at the Myrtle Beach Train Depot showing appreciation to the council for cracking down on the rallies.

More than half of the city's legal costs are from a suit filed by rally organizer Mike Shank. Shank challenged the city's mandatory helmet laws and noise ordinances designed to stop the May rallies. He's withdrawn his suit, but the city has already spent $54,622 in legal actions.

Another $35,084 in charges are related to a suit filed by William and Carol O'Day. The couple are attempting to consolidate their suit with a suit filed by Myrtle Beach resident Bart Viers. The city opposes the action, Kruea said.

Myrtle Beach spent $13,498 fighting The Doghouse, The Steel Horse Saloon and The Masters Club in another suit. The three clubs joined to fight the city's administration, noise and helmet policies.

It also cost the city $1,642 to defend itself from the legal actions of Business Owners Organized to Save Tourism, or BOOST. The organization has dropped the suit, but Viers is continuing with the actions.

"I'm not really surprised with the costs considering how many legal actions we've had filed against us," Mayor John Rhodes said.

The city is paying for the legal fees with property tax money residents are paying through a 3-mill increase passed last year to fight the rallies' effects. As of the end of April, the city hadn't come close to spending the $1 million it raised through that tax boost.

In addition to paying to fight the lawsuits, the money from the increase has been used to pay out-of-area officers who helped with the rallies, buy new equipment and hire five new officers for a traffic-enforcement team and print and install signs and ticket books for the new ordinances.

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If you go

What -- Take Back May appreciation rally

When -- 11:30 a.m. to 2 p.m. today

Where -- Myrtle Beach Train Depot

Contact JOSH DAWSEY at 626-0303.

Newstex ID: 35644805