Folly Beach works to revise parking ordinance following class action lawsuit

FOLLY BEACH, S.C. (WCSC) – The city of Folly Beach is looking at “beefing up” its parking ordinance in response to a class action lawsuit claiming its third-party contractor was handing out “illegal” parking tickets.

So, the next person handing out parking tickets on Folly Beach could officially be considered a “code enforcement officer,” even if they are a third-party contractor, if the City Council passes the ordinance.

It would also mean all the money collected from these tickets would now go straight to the city instead of part of it going to that contractor.

“It’s going to be worse for the public thanks to the beach park group because now, or before, they could cut your ticket in half without you having to go to a judge,” Folly Beach Mayor Tim Goodwin said. “You can’t do that anymore. They could use some more discretionary processes in there that they can’t use anymore. So, now it’s black-and-white. Here’s the rule. Follow the rule or go to the judge.”

He was asked why it’s getting revised in the first place if it’s considered “worse” for the public.

“We wouldn’t have had to change the ordinance if it hadn’t been for the group who wants to file these lawsuits,” Goodwin said.

A class action lawsuit filed earlier this year against Folly and the Isle of Palms claimed their third-party company, PCI Municipal Services, was illegally collecting money and was delegating police powers unlawfully.

But some visitors like Bill Barker say the new amendments don’t seem all that bad.

“At least now you have an official route for disputes where, with a third party, it usually ends up your word against theirs,” Barker said. “And that’s really hard to fight.”

Barker adds that a lot of the disputes will probably be minor.

“I think it’s going to be a much better situation for the people here locally,” Barker said. “I’d rather deal with the city than I would with a third-party vendor any day.”

However, some locals say they feel like PCI has been doing their job and not writing too many tickets on purpose. Some also worry if PCI is no longer getting the revenue from the tickets, the city might have to pay them higher contracting fees, which could ultimately drive up the parking rates.

Goodwin says that is possible, but it’s not on the table right now. He adds that PCI is also responsible for cleaning the public restrooms, disposing of the collection of doggy bags and cleaning up the parking lots.

Aside from these changes, Goodwin is encouraging folks to save money.

“There’s over 2,000 free parking spaces,” Goodwin said. “You might have to walk a block or half a block, but you don’t have to pay.”

The City Council still has to get through at least two more readings of the new parking ordinance before these changes are approved.

Regarding the lawsuit, the Anastopoulo Law Firm says the complaints have now been filed in both state and federal court. The firm says the municipalities have admitted the underlying violations but deny the legal conclusions of the Attorney General in state court. PCI is still seeking legal counsel.

The firm says they have now all been served their federal summons and are still awaiting responses.

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