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Angela
Ciccolo, NAACP Interim General Counsel, said: “This
decision is significant. As the Court pointed out, granting
a preliminary injunction is an extraordinary remedy.
The NAACP has said all along that African Americans
deserve equal treatment and equal protection under the
law. We are delighted that the Court agrees and has
ordered the City of Myrtle Beach to change its ways
and stop discriminating against African American tourists
visiting South Carolina.”
Richard
Ritter, Staff Attorney, for the Washington Lawyers'
Committee for Civil Rights, said: "The Washington
Lawyers' Committee is enormously pleased with this decision.
The Court has sent a clear message to the City of Myrtle
Beach that its practices in regard to Black Bike Week
must change."
Each
year, in May, two large motorcycle rallies are held
in the Myrtle Beach area. In mid-May, thousands of predominately
white motorcyclists and tourists come to Myrtle Beach
for an event known as “Harley Week.” A week
later, over Memorial Day weekend, a similar number of
black tourists attend a similar motorcycle rally in
the Myrtle Beach area, known as “Black Bike Week.”
The treatment of the tourists for each event is starkly
different.
The
white Harley Week tourists are wholeheartedly welcomed
by the Myrtle Beach government, businesses, and community
leaders. When the black tourists arrive, restaurants
close, hotels implement special policies, and the City
restricts travel along the main drag of Myrtle Beach
-- Ocean Boulevard, which is converted into an oppressive
one-way traffic pattern that restricts traffic with
limited exit points. The City’s police department
also deploys triple the number of police officers to
enforce a one-time “zero tolerance” policy
aimed at black tourists.
The
plaintiffs’ motion for a preliminary injunction
is the latest court action taken by the Conway (S.C.)
Branch of the NAACP and other African American tourists
since filing the civil rights lawsuit against the City
in 2003. In advance of Memorial Day Weekend in 2005,
the motion for preliminary injunction focuses on the
traffic pattern along Ocean Boulevard and asks the Court
to stop the City from using this restrictive one-way
traffic pattern for Memorial Day Weekend.
The
city government argued that a more-restrictive traffic
pattern is necessary during “Black Bike Week”
due to increased traffic gridlock and an increased need
for safety, but the Court said the defendants “failed
to show that a one-way traffic pattern clearly reduces
congestion or is more accessible to emergency vehicles
than a two-way traffic pattern.”
Myrtle
Beach Mayor Mark McBride testified during his deposition
that the city “welcomes” white tourists
during Harley Week, and tries to “discourage”
the Black Bike Week tourists from visiting. McBride
said he does not consider the African American tourists
to be law-abiding. He testified: “They want to
disregard the law and sit on the tops of their car and
smoke dope and drink and do whatever they want to and
disregard everything.” In contrast to the Black
Bike Week tourists, McBride testified that “when
you tell a group of white youth to behave or you’re
going to jail, for the most part, they behave....”
Last
year, the NAACP also filed several federal civil rights
lawsuits against four Myrtle Beach area restaurants
accused of discriminating against African American tourists
after they closed for business when African American
tourists visited Myrtle Beach during Black Bike Week.
One of the restaurants, J. Edward’s Great Ribs
and More, agreed on a settlement that will keep the
restaurant open during Black Bike Week. Lawsuits against
other area restaurants, Damon’s Oceanfront, Damon’s
Barefoot Landing and Greg Norman’s Australian
Grille, owned by professional golfer Greg Norman, are
still outstanding.
The
lawsuit against the City of Myrtle Beach was filed on
behalf of the NAACP by the law firms of Steptoe &
Johnson, LLP; Derfner, Altman & Wilborn, LLC; and
the Washington Lawyers’ Committee for Civil Rights
and Urban Affairs.
The
National Association for the Advancement of Colored
People (NAACP) is the nation's oldest and largest civil
rights organization. Its half-million adult and youth
members throughout the United States and the world are
frontline advocates for civil rights in their communities
and monitor equal opportunity in the public and private
sectors.
PRESS CONTACT: NAACP Office of Communications 410-580-5125
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