MB rebuffed in bike-traffic fight

A federal judge sided with the NAACP to block Myrtle Beach's traffic plans for the Atlantic Beach Bikefest, and city officials say they now will use a one-way traffic pattern for 60 blocks of Ocean Boulevard for May's two motorcycle rallies.

Monday's ruling leaves lawyers for the National Association for the Advancement of Colored People optimistic about their chances in the lawsuit against the city and leaves businesses and event organizers scrambling to spread the word about the traffic flow to bikers, who start rolling into town this week.

Some residents fear the city's decision of one-way plans for both rallies, which limits the left turns off Ocean Boulevard and makes all traffic flow south, could worsen traffic bottlenecks on Ocean Boulevard.

Myrtle Beach will appeal the injunction, spokesman Mark Kruea said.

The injunction is part of a lawsuit the NAACP's Conway branch filed in 2003 against the city, saying Myrtle Beach, Horry County and Myrtle Beach Police Chief Warren Gall were discriminating by using a restrictive one-way traffic pattern, an overwhelming police presence and aggressive police tactics to intimidate and discourage the participants during Memorial Day weekend's Bikefest, which is attended mostly by black visitors.

"The court has sent a clear message to the city of Myrtle Beach that its practices in regard to black bike week must change," said Richard Ritter, an attorney for the Washington Lawyers' Committee for Civil Rights, in an NAACP news release.

A two-way traffic pattern has been used in recent years for the Carolina Harley-Davidson Dealers Association Myrtle Beach Rally, which mostly draws white bikers. Events for that rally begin Friday.

"The court concludes, at this stage of the proceedings, that race was a motivating factor when the issue of traffic plans was decided," U.S. District Judge Terry Wooten wrote in the ruling. Wooten also noted that, during an April hearing, attorneys for the city said they "could comply with any court order addressing the traffic patterns in this case without significant hardship."

Wooten said the city needs more evidence to justify the differential treatment of the two bike rallies but gave the city the choice of its traffic-management plan.

"The defendants shall be free to determine whether a one-way traffic pattern, a two-way traffic pattern or another traffic pattern shall be implemented for both events," he wrote.

The city will use the one-way, two-lane southbound plan for both events and limit right turns off Ocean Boulevard to six streets, according to a news release by the city. The two northbound lanes will be reserved for emergency vehicles. The city has not decided which days to implement the traffic plans, Kruea said.

Paul Hurst, an attorney for the NAACP, said he was happy with the judge's ruling but disappointed the city will use the one-way traffic plan.

"The city didn't come up with enough evidence, and I'm happy the judge agreed with us," he said. "It's our view that the two-way traffic pattern would work for black bike week ... but at this point, it's the city's call as to how it complies to the court's order."

Hurst said he thought it was "highly unlikely" the city could successfully appeal the injunction for the bike rallies and said "absolutely I think it has a bearing on the case at large."

Attorneys for the NAACP filed a motion for the injunction in February, saying the traffic patterns would cause "irreparable harm." In late April, the NAACP and the city presented arguments about the injunction to Wooten, who ruled Monday.

Hurst said the NAACP still wants to find a compromise with Myrtle Beach on the lawsuit. The case is scheduled for trial in October.

Mike Shank, marketing manager for Myrtle Beach Harley-Davidson, said riders likely will complain about bikes overheating, as they did when the one-way pattern was used for the Harley rally in 2001.

"If they didn't like it in 2001, they're probably not going to like it in 2005," he said.

The city abandoned the one-way traffic plan for the Harley event after complaints, said James Van Osdell, an attorney representing Myrtle Beach during an April hearing. Van Osdell said the city received no complaints about the one-way plan for the Bikefest until the NAACP's lawsuit was filed.

Shank said it's too late to change event maps that will be distributed to the bikers.

"We'll adapt and make it happen, but it will be a struggle," he said.

Shank said few events during the Harley rally will be affected because many are located away from Ocean Boulevard.

Keith Hyman, chief executive officer of the National Association of Black Bikers, was happy about the judge's decision, although he said he'd prefer a two-way pattern for both events. The association organized events during last year's Bikefest and has worked with the Bike Week Task Force to promote activities for this year's rally.

"For me, it's big because the judge evidently saw something that would make him grant that injunction," he said. "Something had to be right from the NAACP's side."

Hyman said the traffic plan won't harm Bikefest's events but said he disagrees with the limited exit points from Ocean Boulevard.

"I think overall that people might be happy with the equality," he said. "It's this way for us, and it's this way for the other rally, as well."

Ron Gillespie, who owns four retail businesses on Ocean Boulevard, said the city's decision expands his problem of how employees can get to work with the one-way traffic.

Gillespie said the city was appeasing the NAACP without considering how detrimental the one-way plan is to businesses on Ocean Boulevard.

"Instead of trying to improve that situation," he said, "they've just made it look like the black bike week."