Declaring that Isle of Palms' decision to prohibit non-residents from using 763 parking spaces near the beach is an inconvenience rather than an irreparable harm, a judge on Friday refused to block the restrictions.
A group described as about 300 area residents sued Isle of Palms over the parking restrictions, and was seeking an injunction that would end the restrictions immediately while the case proceeds.
Without an injunction, the rules are set to expire a week from Sunday.
Thomas Goldstein, representing the area residents, argued that Isle of Palms "can’t say the favored few can come in and park on Palm Boulevard" while non-residents cannot. Palm Boulevard is a state road next to the beach where hundreds of free parking spaces have traditionally been available to all.
Andrew Lindemann, representing the barrier island city, said the regulations are clearly allowed as an emergency measure amid a pandemic, and noted that South Carolina has been in a state of emergency since April.
He argued that inconveniencing people doesn't equal irreparable harm, and that's the standard for court intervention.
Circuit Court Judge Ryan Griffin agreed.
“It’s important to note that the beach has not been closed to non-residents," he said. "They have access."
The group behind the lawsuit, Charleston Area Public Beach Access and Parking Group, is a Facebook group with 6,500 members as of Friday afternoon, but a smaller number contributed to the legal fund. Many are upset that the only public parking for non-residents on Isle of Palms — except for 10 free spots in a state-owned lot near Breach Inlet — is now paid parking clustered in the city's commercial district.
Isle of Palms officials have said the parking restrictions are meant to help reduce the spread of the COVID-19, but opponents said the restrictions make it more likely people will catch the virus because parking and beach access is clustered in a small area.
Goldstein urged Griffin to review the video of the City Council meeting where the regulations were approved, but Lindemann argued — and the judge agreed — that the city-produced video, available online, could not been viewed as evidence. Only official minutes of the meeting can be used in South Carolina, they said.
Goldstein also argued the city violated the Freedom of Information Act by approving restrictions that were not on the City Council agenda. But emergency meetings in South Carolina are exempt from some FOIA rules, Lindemann argued, and the judge agreed.
Both issues could potentially play a role in other court cases because many South Carolina municipalities have been holding emergency meetings frequently during the coronavirus pandemic, which are subject to fewer FOIA rules. Also, many meetings have been held online, providing videotaped records that are far more complete than written meeting minutes.
Without an injunction, the Isle of Palms parking restrictions remain in force, set to expire Aug. 16.
"The City of Isle of Palms' primary objective is to protect the health and safety of all who live and choose to visit the beach during these unprecedented times," the city said in a statement following the ruling. "We are pleased with the decision today and continue to work toward this objective."
The lawsuit can continue, but would likely not be resolved until after the restrictions expire. Isle of Palms City Council has scheduled a meeting Aug. 13 to review the rules.
