A two-year legal battle between North Myrtle Beach and Cherry Grove Beach Gear regarding the set-up of chairs and umbrellas on the beach has come to an end with a judge dismissing a lawsuit against the city.
Cherry Grove Beach Gear owners Derek and Jacqueline Calhoun filed a lawsuit against the city in July 2022 , claiming violation of antitrust laws, defamation and violation of state and federal contract clauses, The Sun News previously reported. They claimed in federal court that the city was monopolizing the rental of beach gear on the shores.
A court order released on Sept. 6 stated that North Myrtle Beach has a monopoly on beach equipment setup but that it’s legal under South Carolina law.
The city has prohibited commercial transactions on the beaches since 1981, when the ordinance passed, according to the court order. This includes advertising, selling and completing business transactions. The ordinance was most recently updated in 2007.
South Carolina law cited in the court document states that municipalities are able to “grant franchises and make charges for use of the public beaches.”