Charleston Myrtle Beach, its police chief and Horry County
have asked a federal court to dismiss a lawsuit brought by the NAACP
alleging discrimination during a black biker rally held each year on
South Carolina's Grand Strand.
The National Association for the Advancement of Colored People
sued last month alleging discrimination during the Atlantic Beach
Bikefest held each Memorial Day weekend.
The lawsuit seeks an injunction to stop the alleged behavior and
unspecified compensatory and punitive damages.
But the defendants, in responses filed recently in federal court,
maintain the civil rights group lacks standing to bring the lawsuit.
They deny the major allegations in the lawsuit and ask to be
reimbursed any legal fees spent defending the suit, filed in U.S.
District Court in Florence.
The suit was brought by the Conway branch of the civil rights
group and 18 individuals.
It alleges bikers attending the predominantly black festival are
discriminated against compared with those at the Carolina
Harley-Davidson Dealers Association Myrtle Beach Rally, a
predominantly white biker rally the previous week.
It alleges police handled traffic control differently and city
officials and the hospitality industry try to discourage black
bikers from visiting out of "a fear that the festival would create
an image that Myrtle Beach is a 'black beach' in the eyes of white
tourists."
Both governments denied the allegation they use three times as
many law officers during the black biker rally than during the rally
the previous week.
The city also noted its policies and actions for handling law
enforcement "were formulated and implemented with the advice and
consent of representatives of the U.S. Justice Department, Civil
Rights Division."
And it said Police Chief Warren Gall, also a defendant in the
suit, "acted reasonably and in good faith" at the times mentioned in
the complaint.
The city also said its sovereign immunity from a lawsuit is a
complete defense and "the plaintiffs have brought this suit for
ulterior purposes and motivations not appropriate for this
action."
The county, in its response, said none of its policies or
practices "has unlawfully injured, adversely affected or otherwise
wrongfully harmed the NAACP, any of the other plaintiffs or any
member of the NAACP."
The response also denied the county "has adopted or implemented
any unlawfully discriminatory practices or policies."
No court date had been scheduled as of Wednesday.