News Summary

Beaufort is currently engaging in legal disputes regarding the use of private companies for parking enforcement on public streets. Residents are raising concerns about the legality of outsourcing these duties to for-profit entities. A class-action lawsuit initiated by a local resident questions whether municipalities can delegate parking enforcement, spotlighting further complications in neighboring South Carolina communities such as Isle of Palms and Folly Beach. The legal opinions from the Attorney General add another layer of complexity to the ongoing issues, as Beaufort also navigates additional legal challenges.

Beaufort Faces Legal Challenges Over Privatized Parking Enforcement

Beaufort is embroiled in legal disputes concerning the use of private companies for parking enforcement on public streets. The controversies, involving other South Carolina communities, are raising questions about the legality of outsourcing these duties.

• For-profit Parking Enforcement: The increasing trend of employing private contractors for parking enforcement has sparked debate.
• Affected Communities: Beaufort, Isle of Palms, and Folly Beach are at the center of the lawsuits.
• Legal Question: The suits aim to clarify if municipalities can outsource parking enforcement, or if it must remain under local police or code enforcement authority.

In Beaufort, resident Miranda Black has initiated a class-action lawsuit after receiving a $125 fine. She argues that only municipalities should regulate parking and is seeking refunds for fines collected by private companies.

• Defendants: The lawsuit names SP Plus, North America’s largest parking network operating as Park Beaufort, and its parent company, Metropolis.
• Financial Incentives: The complaint highlights concerns that private companies may have a financial incentive to issue more fines, as they retain a portion of the revenue.

Separately, in Charleston County, a lawsuit filed by Kevin Smith and Hunter Summey challenges the legality of parking tickets issued by Isle of Palms, Folly Beach, and PCI Municipal Services LLC.

• Attorney General’s Opinion: A statement from the South Carolina Attorney General suggested that municipalities might lack the authority to delegate parking enforcement to private entities without specific legislative backing.
• Ongoing Controversies: This opinion stemmed from concerns regarding beach parking issues in Isle of Palms and Folly Beach.

Meanwhile, Hilton Head Island’s new paid parking ordinance is set to begin on March 1, 2025, but its legal implications remain uncertain.

Additionally, Beaufort faces further legal troubles with ongoing litigation related to a downtown hotel and a parking garage project, which is stalling construction.

City spokespeople for both Beaufort and Metropolis declined to comment on the active lawsuits.

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Additional Resources

• AOL News: Beaufort Parking Ticket Prompts Class Action
• Wikipedia: Parking Enforcement
• Island Packet: Beaufort News
• Google Search: Beaufort parking lawsuits
• Your Island News: Downtown Beaufort Projects Paused Indefinitely
• Encyclopedia Britannica: Local Government Law
• WSAV: Court of Appeals Upholds Approval of Beaufort Hotel Parking Garage
• Google News: Beaufort hotel parking garage
• Post and Courier: Beaufort Hotel Paused

Author: HERE Hilton Head