In Brady v. City of Myrtle Beach, the Court rejected claims brought by several bar owners and a landlord alleging that the City sought to shut down minority-owned and minority-patronized businesses through selective and discriminatory enforcement actions. The Court unanimously held that the City’s actions instead were reasonable responses to documented patterns of violent crime and other illegal activity in the area known as “the Superblock.”

Our partner Walker Humphrey successfully argued that the City acted within its lawful authority to address significant public safety concerns. As Judge Wilkinson wrote in the opinion “[t]hese decisions fall squarely within the City’s democratic prerogative. Like many beach towns, Myrtle Beach must navigate the tension between being a destination for late-night entertainment and a home for those who seek safety and quiet. Where to strike that balance is a policy judgment that the Constitution entrusts to local officials—not federal courts.”

This ruling represents an important precedent supporting municipalities’ authority to protect public safety and enforce local ordinances. We are proud to have helped the City of Myrtle Beach maintain its commitment to creating a safe environment for residents and visitors alike.

WHD attorneys Margaret O’Shields and Hunter Pope assisted Walker with the appeal. Mike Battle of the Battle Law Firm, LLC was on the brief. Mike and James Battle, of the J.R. Battle Law Firm, tried the case in the district court and obtained a directed verdict in the City’s favor.