The mayor pro-tem of Surfside Beach, Sammy Truett, said he was not surprised to receive a memo from the chief justice of the South Carolina Supreme Court.
The memo from Chief Justice Jean Toal declares that local governments that set up "administrative hearing courts" are violating the constitution.
In the memo, Toal said, "I have received information that some counties and municipalities in the state are attempting to create by local ordinance another tier of courts, typically designated as administrative hearing courts. The courts are purportedly established for the purpose of hearing smoking infractions, as well as various other local ordinance violations. The creating of these courts is repugnant to the long-standing concept of the state uniform judicial system.”
The memo does not name any smoking bans by town, but Truett said he wasn't surprised to see Surfside Beach apparently being singled out with the mention of smoking infractions. "Where we were going and where Myrtle Beach went was kind of unchartered waters and I think we all, at least I know that there was a possibility that the supreme court wouldn't take kindly to what we were trying to do.” Truett said the word repugnant is a strong choice to describe the administrative process the town is creating but said he doesn't want Surfside Beach to contest the state justices. "It is an opinion and it is a statement, but I think we should listen to her opinion, like I say it doesn't change anything that we're doing."
Smoking in public buildings and on the beach is still against the law in Surfside Beach, but Pam Stapleton, owner of Neal and Pam's said the memo is a sign to her that town council may not have the final say. "Some conclusion or some closure to all the rigmarole that's going on so it can just be said once and for all what can be done and by who." Stapleton said.
Truett said no one should think Toal's memo means Surfside Beach will stop enforcing any laws, it just means they may have to go through the state's court system rather than the town's.
Surfside Beach Police Chief Andy Christensen said right now, police are not writing violations for smoking. Christensen said until it is clear how the infractions will be dealt with, no smoking violations will be issued
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