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NAACP Offers to Settle Lawsuit;

City Agrees

News Release, February 2, 2006

 

             The NAACP has offered to settle its three-year-old discrimination lawsuit against the City of Myrtle Beach and Police Chief Warren Gall. Following a special meeting today to consider the offer, the Myrtle Beach City Council accepted the NAACP’s proposal. City Manager Tom Leath immediately signed the settlement.

     The settlement offer has four basic provisions. First, during the hours of 2:00 p.m. to midnight, the city will implement the same traffic pattern on Ocean Boulevard from 29th Avenue North to 17th Avenue South for three days of the Harley-Davidson Dealers Association Spring Rally and three days of the Atlantic Beach Memorial Day Bikefest. However, from midnight to 2:00 p.m., the city may, at its sole discretion, leave the traffic pattern in place or completely remove it during either weekend.

     Second, each side will pay its own attorneys’ fees and costs. The agreement has no other monetary provisions. Third, the city will continue to provide training for police officers, as it has for many years, during the Atlantic Beach Memorial Day Bikefest. Fourth, the city and the NAACP will meet before and after the Harley-Davidson Dealers Association Spring Rally and the Atlantic Beach Memorial Day Bikefest to discuss operational plans. The city will advise the NAACP in advance of any difference in traffic patterns and policing for the two events.

     The U.S. District Court must approve the agreement before it takes effect, but the settlement fully resolves and discharges all “claims, defenses and causes of action.” Terms of this agreement expire in five years, on July 31, 2010, when the parties will be relieved of any and all obligations under the agreement.

Summary of Settlement and City’s 2006 Traffic Plans

NO DAMAGES, NO ATTORNEY FEES

  • Under the agreement, the City pays no damages or NAACP legal fees. Each party pays its own legal fees.
  • ONE WAY TRAFFIC MAY CONTINUE FOR CERTAIN DAYS AND TIMES

  • The city agrees that during the hours of 2:00 p.m. to midnight, it will implement the same traffic pattern on Ocean Boulevard from 29th Avenue North to 17th Avenue South for Thursday, Friday and Saturday of the Harley-Davidson Dealers Association Spring Rally and Friday, Saturday and Sunday of the Atlantic Beach Memorial Day Bikefest. From midnight to 2:00 a.m., the city has the discretion to leave the traffic plans in place or fully remove them.
  • The city agrees to inform the NAACP in advance of its traffic plans and to receive comments; however, imposition of any traffic restrictions is at the city’s discretion.
  • For the 2006 Harley-Davidson weekend, based on attendance during the past few years, the city plans to have one-way traffic restrictions in place only from 2:00 p.m. to midnight on Thursday, Friday and Saturday, May 18-20.
  • For the 2006 Atlantic Beach Memorial Day Bikefest weekend, based on attendance during the past few years, the city plans to have one-way traffic restrictions in place beginning at 2:00 p.m. Friday, May 26, and continuing until 6:00 a.m. Monday, May 29.
  • POLICE PRESENCE, TACTICS AND TRAINING CONTINUE

  • The city will continue using such levels of outside police resources as it determines are necessary for public safety during both weekends.
  • As to police tactics, the city agrees to continue its longstanding program and policy of zero tolerance for discriminatory behavior. As the settlement order states, this is not new.
  • As to crowd control and diversity, the city agrees to continue its longstanding programs of police training. As the settlement order states, this is not new.
  • EXPIRATION DATE

  • The agreement fully resolves and discharges all claims. Terms of the settlement expire for all parties on July 31, 2010.
  • FOR MORE INFORMATION, CONTACT:

    Mark Kruea, Public Information Officer

    (843) 918-1014 Phone

    (843) 477-5003 Pager


    P.O. Drawer 2468
    Myrtle Beach, SC 29578
    Phone:  (843) 918-1000
    Fax:  (843) 918-1028

    © Copyright 2004, The City of Myrtle Beach. All rights reserved.