Just as Beaufort prepares to celebrate the ribbon-cutting of Southside Park in the Mossy Oaks neighborhood later this week, another popular park in the city finds itself at the center of yet another lawsuit involving the City of Beaufort and heavy-hitters in the community. On Tuesday, December 11th, the Protect Beaufort Foundation filed a lawsuit seeking a declaratory judgement that the City’s efforts to privatize the Downtown Marina “violate federal, state, and local laws, and legal covenants that prohibit the privatization of a public resource.”
The Downtown Marina first opened in 1976 under a contractual agreement with the South Carolina Department of Parks, Recreation, and Tourism, the Economic Development Administration, and the Bureau of Outdoor Recreation. The Marina was built to serve the public’s need for outdoor recreation, and as Protect Beaufort Foundation stated, it’s a need “that has only grown over time.” Under this agreement, one of the requirements of the City of Beaufort is to ensure that the Marina (and Henry C. Chambers Waterfront Park) be used for “public outdoor recreation” and the property may not be “sold, leased, transferred, conveyed or mortgaged” without prior written approval from the Secretary and Assistant Secretary of the Interior of the United States. Protect Beaufort Foundation’s recent statement reveals that the City of Beaufort has “publicly admitted to failing to seek or secure approval before entering a lease agreement with Safe Harbor,” and draws attention to concerns regarding previous lease agreements with American Cruise lines, noting that these agreements “were also executed without approval.”
As this controversy has been well reported in Beaufort Insider, let’s quickly recap the main events. In 2019, Beaufort City Council signed a lease with Safe Harbor, granting them access to manage (and subsequently privatize) parts of the Marina and parking area. It was discovered in August of this year (thanks to a concerned resident, now member of Protect Beaufort Foundation) that the lease is legally invalid (See Article), violating both the original 1976 contractual agreement and South Carolina state law SECTION 5-7-260. Shortly after, as concerns grew regarding the City’s relationship with Safe Harbor, some of Beaufort’s most affluent residents came together to form Protect Beaufort Foundation to ensure that the city develops responsibly and sustainably, for the benefit of all of Beaufort’s residents.
After a wave of public outcry following the City’s attempt to ratify the lease (See Article) and build rapport with Safe Harbor (See Article), Beaufort residents have been left in limbo, at least until City Council’s November 12th Meeting, where council voted to implement a seven-person committee consisting of three citizens and four elected representatives to gather public data and advise City Council on future use of the Marina and seawall (See Article). While this committee is a promising step towards effectively prioritizing the wants and needs of Beaufort’s constituents, it is important to note that the three chosen citizens will not have a majority vote, as they will be outnumbered by one member from Beaufort County Council, City Council, the Historic District Review Board, and the Planning Commission.
Protect Beaufort Foundation’s lawsuit, which seeks declaratory judgement that the City’s privatization of the Marina violates local, state, and federal laws and legal covenants, could potentially bring the clarity that Beaufort residents have been hoping for. Regardless of the Court’s decision, this case will build the foundation for the City’s new committee to move forward with the restructuralization of the Seawall and decisions on how the Marina will be used moving forward, whether public or private.
The Court’s decision in this lawsuit could also begin to answer some of Beaufort’s most pressing questions as of the last year:
- Who ultimately has the right to decide the fate of public resources like the Downtown Marina?
- Can we continue working with Safe Harbor or another third-party? Do we even want to?
- What precedent could this lawsuit set for public property across Beaufort? And further, South Carolina?
- What responsibility do corporations have to honor the spirit of public agreements when managing shared spaces?
- How can Beaufort residents ensure their voices are heard in decisions about public spaces?
- What role should taxpayers play in funding or opposing projects involving public property?
Beaufort Insider will continue to update readers (and Podcast listeners) as this case continues to unfold.
