Beach Parking War: The Evil Empire vs The Rebel Alliance & Bill S.40
UPDATE: “The Evil Empire vs The Rebel Alliance & Bill S.40”
As most following the issue of beach access parking are aware, Senator Larry Grooms has been advancing a bill in the State Senate to forbid beach towns from limiting parking necessary for public access to beaches (BILL S.40). The City of the Isle of Palms has opposed this measure and the firm stand taken by our Secretary of Transportation claiming that “Home Rule” gives them the inherent power to control state roads on their island for any purpose. No City Council meeting can apparently take place unless the words “Home Rule” are repeated at least a few times. Recently, Representative Joe Bustos proposed his own bill which would do the opposite of Senator Grooms’ bill. Bustos’ bill would strip the State of the power to control the roads it owns and maintains on beach islands. This bill is being sold on the basis of the same “Home Rule” illusion so strongly embraced by the Isle of Palms leadership and some of its residents. All of this talk about Home Rule is based on the completely erroneous claim that municipalities have inherent powers. They do not.
Home Rule refers to the grant of specific powers to counties and municipalities by the South Carolina General Assembly. All local government bodies are creations of the state legislature. They have only the powers given to them by the legislature. Before the Home Rule Act was passed in 1975, local governments had very little power. All power was in the legislature. The Act did not make local governments sovereign, as states are sovereign. The powers the legislature gave to local governments are grants that can be modified or taken away completely by the legislature. Home Rule did not give local governments the power to regulate state roads. That power remains in the Department of Transportation where it belongs. Local governments only manage parking and other aspects of state roads by permission of the SCDOT. Period.
Senator Grooms bill (S.40) is entirely consistent with the structure of Home Rule South Carolina has. If the legislature wishes to legally remove power from local governments to limit parking and keep the public from accessing our beaches, it absolutely can do that. Powers of local governments have been limited by the legislature in other areas when they were being abused.
The Bill, when passed into law, will amend the S.C. Code of Laws regarding roadways and rights of way belonging to the State of South Carolina for the benefit of all citizens of the State.
T
he Bill WILL:
• Assure that parking on state highway facilities located on barrier islands shall be free and may only be restricted by the SCDOT if the SCDOT determines that restrictions are necessary under the circumstances.
• Include that it is unlawful for any person to obstruct ditches and drain openings along highways (to include rights-of-way, shoulders and parking areas) and to place obstructions thereon; and to include a fine of $100 per day or 30 days in jail, or both, for such violations;
• confirm that municipalities can establish on-street parking facilities, but states that the SC Department of Transportation must approve these in advance;
• assure that the SCDOT must approve in advance any alteration to a state highway facility and any use or restriction of the highway or highway right of way by a municipality for utilities, parking or for other purposes; and
• include a directive that the governmental entity responsible for maintaining the highway where the obstruction is located shall remove the obstruction as soon as possible.
The Bill will NOT:
Affect “Home Rule”
• make local municipalities or its residents pay more for management of parking areas or beach clean up.
• prohibit paid parking where SCDOT deems it is appropriate to pay for access to amenities, like bathrooms, showers, etc.
• open up the islands to hoards of “day-trippers” who flood the islands during the summer and leave mounds of trash the islands.
Every resident of our island communities:
• benefits from the maintenance of the roadways on their islands of which the vast majority are owned by the State.
• benefits from taxes paid by residents of other communities.
• benefits from other sources of funding specific to beachfront communities.
• is aware that the beaches on these islands are public and held in trust by the State of South Carolina for ALL of its citizens, and not just for island residents.
Every citizen of the State of South Carolina:
• Is entitled to the use of state roadways.
• Is entitled to access our State’s public beaches.
• Is entitled to the protections provided by the South Carolina Constitution, to include use of the roadways and access to South Carolina’s waterways and public beaches.
• Is entitled to fair representation by our elected officials, and to fair laws to protect the rights of all citizens.
Right now, the only authority standing up to these beach islands is the SCDOT. The real power to permanently protect our constitutionally guaranteed right OF USE and ACCESS TO our states beaches lies with the General Assembly. You MUST DO YOUR PART to ensure that bill S.40 is turned into law. CONTACT YOUR STATE REPRESENTATIVES and tell them to support this bill! In the end, it falls on all of us to make our voices heard and this is by far the best way to do that. If you fail to speak up and our beaches become privatized resorts you will only have yourself to blame.
Also, join the Facebook group and SHARE THIS PETITION WITH EVERYONE YOU KNOW who lives in South Carolina.
For links to more information and articles including help locating your representatives:
https://linktr.ee/Themilkywaychaser
For more frequent updates follow:
Facebook: Charleston Area Public Beach Access and Parking Group
Instagram: TheMilkyWayChaser
THE REBEL ALLIANCE:
“We love our beaches. They are not private property. They belong to all of us. They inspire and help define our unique culture. Regrettably there are those who would use their power to keep us off of what they consider to be “their” beach. We go to the beach we go by car. NO BEACH PARKING for most of us means NO BEACH FOR YOU, just us.
Benefiting a privileged few at the expense of all of us is discriminatory and shameful. The SCDOT holds in trust our public highways and rights of way for the benefit and use of all the people of our state. When parking and public rights of way are taken away, for all practically purposes, our beach is taken away.
I applaud SCDOT Secretary Christie Hall and for those who continue to work in good faith to help return to all of us our public rights of way and our public beaches.”
- Senator Larry Grooms 3/4/21
“I fully support open roads, free beach access, and complimentary public parking on state-owned right-a-ways for all SC residents and visitors to access and enjoy all of our beautiful beaches and to be able to patronize businesses along the coast of SC.
I will be removing my name as a cosponsor from House Bill 4028 as I don’t believe this bill fully supports my longstanding position. I have spoken directly with Senator Larry Grooms this morning (Saturday) and will continue my support of Senate Bill 40 and will work very hard to see that it is passed in the House.”
- SC Representative Mark Smith District 99
We Also have support on record from Several local tri-county area mayors (including Will Haynie). Charleston County Council, Berkley County Council, Dorchester County Council (and more)
THE EVIL EMPIRE:
Isle of Palms leadership
Sullivan’s Island leadership
Folly Beach leadership
Representative Joe Bustos
Senator Chip Campsen
Declined to Comment:
Rep Lin Bennet district 114
Rep Tommy Pope district 47
Rep Stewart Jones district 14
Rep Vic Dabney district 52