Hearing canceled for motions in federal court regarding entertainment overlay district lawsuit

Hearing canceled for motions in federal court regarding entertainment overlay district lawsuit

FLORENCE, SC (WMBF) - A hearing for motions in the lawsuit between downtown businesses and the city of Myrtle Beach was canceled Wednesday after attorneys said an agreement between both sides was made via conference call.

Reese Boyd, an attorney representing the businesses who are the plaintiffs in the case, said the attorneys were able to come to an agreement regarding the motion for a temporary restraining order.

Boyd said the temporary restraining order motion would have prevented the city from enforcing the entertainment overlay district.

Although it’s unclear what exactly the agreement was that was reached, attorneys for the plaintiffs said they expect the written agreement to be released at some point later this week or early next week.

Some businesses in the downtown area are suing the city of Myrtle Beach, Mayor Brenda Bethune and members of City Council for an ordinance that would ban things like vape products, e-cigarettes and sexually explicit products from being sold in certain parts of the downtown area.

The ordinance affects businesses from 16th Avenue North to Sixth Avenue South, between the ocean and Kings Highway.

The lawsuit claims the enforcement of the ordinance would cause irreparable financial and personal harm to businesses. Some businesses say it'll put people completely out of business.

The city filed a response to the lawsuit Monday denying all the allegations included in the suit. The defendants also request the lawsuit be dismissed and say they want costs and attorney fees awarded.

A spokesperson for the city would not comment on why the hearing was canceled Wednesday.

Copyright 2019 WMBF. All rights reserved.