NORTH MYRTLE BEACH, S.C. (WBTW) — The husband-and-wife team behind a North Myrtle Beach rental business now barred from setting up gear on public sands say they’re disappointed by a recent federal court ruling against them.
The unanimous ruling Dec. 23 by the three-judge U.S. Circuit Court of Appeals likely puts an end to the yearslong legal dispute between the city and Cherry Grove Beach Gear.
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One of the listed reasons in the above court document cites the state’s action immunity doctrine — or Parker doctrine — “federal antitrust laws do ‘not apply to anticompetitive restraints imposed by the States as an act of government.’”
“Our decision in Western Star makes clear that the City is entitled to state action immunity,” the document reads. “As the district court correctly pointed out, S.C. Code §§ 5-7-30 and 5-7-145 ‘leave no doubt as to the City’s perogative to exclusively provide on-beach setup and rentals to support lifeguard services and displace competition.’”…