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Nursing Home Abuse Attorney Folly Beach, SC

Nursing Home Abuse Lawyer in Folly Beach, SC

Moving a loved one into a nursing home can be a bittersweet experience, but when seniors can’t care for themselves anymore, it is often necessary to provide them with the care and stability they need. While the transition may be overwhelming at first, many adult children find peace once their mom, dad, or loved one is being cared for properly. However, it's important to be aware that not all nursing homes meet the advertised standard of care. Abuse and neglect do indeed occur in South Carolina. These are horrible crimes that leave the affected family feeling helpless and hopeless, having to see their elderly loved one suffer for no reason at all.

If someone you know or love is being mistreated at a nursing home, the office of Lauren Taylor Law can help you pursue justice and take legal action to the fullest extent. Your nursing home abuse attorney in Folly Beach, SC, helps with every aspect of your case, from investigative measures and medical record management to trial litigation and general consultation.

The Lauren Taylor Law Difference

Nursing home abuse is a distressing and troublesome issue that has plagued our nation. The maltreatment of vulnerable elders is all too prevalent in the United States, with approximately one in three nursing homes exhibiting instances of elderly abuse. Elderly residents may be subjected to a range of serious violations, from physical abuse and neglect to sexual assault. Such mistreatment can result in emotional, physical, and financial harm to residents.

If you suspect that your elderly loved one has suffered abuse in a nursing home, seeking the guidance of a trustworthy lawyer during this difficult time is the best thing you can do. In fact, consulting with a nursing home abuse lawyer is the first step toward justice and compensation. At Lauren Taylor Law, we're passionate about providing professional legal services for families and individuals going through tragic events like nursing home crimes. Those who inflict such harm and abuse on an innocent person should be held accountable, and that's where our team comes in to help.

When you work with a Nursing Home Neglect Attorney in Folly Beach, SC, from Lauren Taylor Law, you can rest easy knowing they provide

 Abbeville Lawyer Folly Beach, SC
  • Robust Insight and Seasoned Advice from Years of Nursing Home Neglect Experience
  • Compassionate and Caring Counsel When You Need It Most
  • Fearless Legal Representation
  • A Proven Track Record of Success in Nursing Home Neglect Cases
  • Comprehensive Guidance and Assistance Throughout Your Case from Start to Finish

When visiting a nursing home to see an elderly loved one, it is of utmost importance to remain vigilant in detecting any potential signs of abuse or neglect. Due to the subtle nature of such mistreatment, it may not be immediately apparent at first. That's why it's so crucial to maintain a watchful eye and report any suspicions of abuse or neglect as soon as possible to ensure the safety and well-being of your loved one.

 Elder Abuse Folly Beach, SC

Understanding the Warning Signs of Elder Neglect and Abuse in South Carolina

It's safe to say if you or your family have a loved one in a nursing home, it's uncomfortable to think about them being neglected or abused. Nobody wants to think about their grandma or grandpa suffering or going through pain, especially if it's on purpose. The thought of a person willfully harming one of your closest relatives isn't easy to process, but it's important to know the disconcerting signs of elder abuse in nursing homes.

Unfortunately, nursing home abuse may not always be blatant, but there are certain indicators that can potentially prevent dire consequences. It's crucial to remain vigilant in observing any concerning behavior or physical signs in order to protect your loved one. That way, you can take action immediately to prevent further crimes.

If you notice any of the following signs, contact Lauren Taylor Law as soon as possible

  • Uncharacteristically Poor Body Hygiene
  • Broken Bones, Bruises, Cuts, or Other Physical Injuries
  • Weight Loss or Malnourishment
  • Withdrawal from Friends or Family
  • Strange Financial Transactions or Loss of Finances
  • Signs of Depression, Anxiety, or Confusion

While one in ten seniors suffer some form of nursing home abuse every year, according to the NIA, the signs are often underreported, and criminals go unpunished. But with a nursing home abuse attorney in Folly Beach, SC, you have the opportunity to achieve justice, compensation, and closure, knowing your loved one is safe.

How Do You Report Nursing Home Neglect and Abuse in South Carolina?

At Lauren Taylor Law, one of the most common questions we receive relating to nursing home crimes is how to report the abuse and neglect that is happening. If you suspect that a family member or loved one is suffering from abuse, keep these steps in mind.

Step 1: Call 911 if Necessary

In cases where it is deemed necessary to seek immediate medical attention for a loved one or report a crime in progress, it is advised that emergency services be contacted without delay. It is important to prioritize the safety of the individual in question above all else. It may come to your attention that staff at the nursing home are attempting to dissuade you from making such a call, citing the need for a doctor's orders or other institutional policies.

It must be noted that as a concerned family member, you are well within your rights to take the necessary steps to ensure the well-being of your loved one, without the need for prior permission or oversight. It is imperative that you act in accordance with this knowledge and disregard any attempts to obstruct the prompt seeking of assistance.

 Legal Representation Folly Beach, SC
 Nursing Home Rights Folly Beach, SC

Step 2: Reach Out to a Nursing Home Neglect Attorney in Folly Beach, SC

It is important to note that not all instances of nursing home abuse warrant immediate emergency intervention. As each resident and situation is unique, it is crucial to exercise discretion and sound judgment. In the event that a police presence or medical care is not immediately required, it is highly advisable to seek the counsel of a skilled South Carolina nursing home abuse attorney.

It's worth noting that many elder abuse law firms in South Carolina - like Lauren Taylor Law - are available at all hours, including holidays and weekends. It is a well-known fact that abuse is often uncovered outside of normal business hours, as these are the times when most individuals visit their loved ones.

The bottom line? Call a nursing home abuse lawyer as soon as you can before the nursing home staff can conceal evidence of abuse. As time passes, evidence naturally degrades. As such, the sooner your legal team can document any injuries through photographs and videos and speak with any witnesses, the stronger your case will be.

Step 3: Contact South Carolina's Ombudsman Program for Long-Term Care

In the state of South Carolina, it is important to report any instances of abuse, neglect, or exploitation that occur in nursing homes to the Long-Term Care Ombudsman Program (LTCOP), overseen by the Department on Aging. Consulting with your attorney can help determine whether you should contact LTCOP directly or have your attorney do so on your behalf.

 Abuse Claims Folly Beach, SC
 Abbeville Law Firm Folly Beach, SC

Step 4: Get Your Loved One Transferred if Appropriate

You may find that moving your loved one to a new nursing home is needed for their health and best interests. If that's the case, be sure that you and your senior loved one are confident in and comfortable with the facility and its staff.

If you decide that a transfer must happen, you should know that nursing homes in South Carolina can't discharge residents just because there are claims of neglect or abuse. A nursing home resident in South Carolina can only be discharged when:

  • A Resident Doesn't Need Nursing Home Services
  • The Nursing Home Can't Meet the Resident's Needs
  • A Resident Doesn't Pay for Service
  • The Nursing Home Business is Closing Permanently
  • A Resident Makes It Dangerous for Staff or Other Residents

You should also know that discharge notices must often be provided in written form, with a customary 30-day notice period. However, there may be circumstances that warrant a shorter notice period, such as when the resident poses a threat to the safety of other residents. Remember - engaging the services of a nursing home abuse lawyer in Folly Beach, SC, may prevent an illegal discharge and provide support if there are retaliatory measures taken by the nursing home.

Common Types of Abuse Found in South Carolina Nursing Homes

Recognizing the signs of elder abuse can be crucial in protecting your loved ones. Unfortunately, each case of elder abuse can manifest differently, and it is not uncommon for seniors to experience multiple types of abuse. Thus, it is important to be aware of the warning signs of each type of abuse and take action if necessary.

Here are some of the most common types of abuse to report to the authorities and your nursing home lawyer

emotional-abuse

Emotional Nursing Home Abuse

Although there may be no visible signs you can see with your eyes, like cuts or bruises, emotional abuse can bring about significant harm to an elderly individual's well-being. Emotional abuse can manifest in various forms, such as screaming, threatening, or inducing fear in a senior loved one. As a senior transitions into the care of another individual, family members must observe their emotional welfare. If the senior's happiness and general disposition deteriorate in a concerning manner, emotional abuse may be the underlying cause.

Some signs to look out for include the following

  • Hesitancy or Unwillingness to Talk Freely
  • Coming Up with Strange or Unlikely Stories That Explain Away Injuries
  • Isolation from Friends, Family Members, and Loved Ones
  • Anger, Anxiety, Fear, Confusion, Depression
physical-abuse

Physical Nursing Home Abuse

In many ways, physical abuse is the most blatant type of nursing home crime in South Carolina. Loved ones and family members should try to keep an eye on older friends and family and use their best judgment when it comes to physical injuries. Often, nursing home staff and caregivers lie, saying that something else caused the physical injuries to cover up abuse.

Consider this example: Your grandmother comes to you with bruised arms and cuts on her legs. The nursing home attendant said that she cut herself with a coat hanger, but you know that to be unlikely based on your loved one's demeanor and personality. Later, it comes to light that the staff member did indeed abuse your grandmother and has been sentenced to decades of prison time. Examples like this do happen in everyday life, and as such, you should trust your intellect and gut when it comes to physical nursing home abuse in South Carolina.

Some signs to look out for include the following

  • Burns
  • Pressure Sores or Hand Marks
  • Broken Bones
  • Welts or Bruises
  • Concussions or Head Injuries
  • Scrapes and Cuts
  • Blood Coming from Unusual Wounds
sexual-abuse

Sexual Nursing Home Abuse

When a senior has mental or physical impairments that prevent them from consenting to sexual relations, the ramifications of sexual abuse can be particularly severe with regard to their physical and emotional well-being. Understandably, loved ones and family members are often profoundly impacted by instances of elderly sexual misconduct. It is incumbent upon family members to address any potential cases of sexual abuse quickly to safeguard the welfare of their senior loved one. If you believe sexual abuse is occurring, contact authorities in South Carolina first. Then, contact a nursing home abuse attorney in Folly Beach, SC.

Some signs to look out for include the following

  • Pain, Irritation, or Bleeding of Genitals
  • Unexplainable Sexually Transmitted Diseases
  • Bruising or Cuts on Genitals or Thighs
  • Inappropriate Engagements or Relationships with Nursing Home Staff or Caregivers
financial-exploitation

Financial Nursing Home Abuse

In contrast to other forms of maltreatment, financial exploitation can be surreptitious in nature, given that the well-being of the elderly individual's physical and psychological faculties may not be directly impacted. Nevertheless, financial abuse can result in a situation where the elderly victim is unable to afford even the most rudimentary medical treatment. As such, it's important that seniors in nursing homes have a reliable person who can act as a watch dog to scrutinize the senior's accounts and raise any red flags with regard to suspicious transactions. In the event that the elderly individual is unable to account for a loss of funds, it may indicate that they're a victim of nursing home financial abuse.

Some signs to look out for include the following

  • Your Relative or Loved One Have Lost Access to Their Bank Accounts
  • Significant Amounts of Money Are Missing from Bank Statements
  • Unusual Banking Transactions
  • Your Relative or Loved One is Providing Monetary Reimbursement for Companionship
neglect

Common Signs of Nursing Home Neglect in South Carolina

While there are many similarities between nursing home abuse and nursing home neglect, the latter is usually the result of a lack of care rather than intentional harm. With that said, nursing home neglect can be just as traumatizing and harmful to the health of the senior in your life. That's especially true when health issues stemming from neglect carry on for months or even years.

If you notice any of the following signs when visiting your loved one, it could be time to speak with a knowledgeable nursing home neglect attorney in Folly Beach, SC:

  • Your Senior is Left in Bed for Hours or More Without Care
  • Your Senior Has Pressure Ulcers or Bedsores on Their Body
  • Your Senior Isn't Properly Hydrated or Fed
  • Aids Like Dentures, Walkers, Hearing Aids, or Eyeglasses Are Missing
  • You Notice Your Senior's Room Has a Lack of Plumbing or Heat
  • The Nursing Home Your Senior Lives in Has Bug Infestations or Unsafe Living Conditions

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 Legal Justice Folly Beach, SC

Concerned for Your Senior Loved One? Contact a Nursing Home Abuse Attorney in Folly Beach, SC

If you suspect that the elderly relative in your life has been or is currently the victim of nursing home abuse or neglect, it’s time to act fast. Don’t brush off any gut feelings when it comes to your parents or grandparents – those red flags are most likely clear for a reason. Because the truth is, elderly abuse and neglect victims in nursing homes often feel powerless to speak up for themselves. They may fear retaliation from staff or be unable to take legal action due to cognitive impairments. Lauren Taylor Law offers a way for these individuals to regain their voices and seek the protection and justice they deserve. Call our law office today to learn more about nursing home abuse, neglect, and how our nursing home abuse attorneys can help with both civil and criminal litigation.

Latest News in Folly Beach, SC

This Charming South Carolina Town Is a Less-Visited Lowcountry Escape—With Quaint Inns, Scenic Views, and Literary Ties

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Bea...

Charleston may get most of the attention when it comes to South Carolina’s many cities, but the history, culture, and (of course) Southern charm that make it so special can also be found in smaller and less expensive places in the region. If you’ve ever watched “Forrest Gump” or read anything by the late author Pat Conroy, you may be familiar with Beaufort, a harbor town on Port Royal Island. While its narrow streets, oak trees, and historic district that pre-dates the Civil War are similar to those in Charleston, Beaufort is remarkable and magical in its own right. Plus, it doesn’t draw the same crowds that tend to flock to notable Holy City hangouts like King Street, Folly Beach, and the Battery.

Before you read any further, though, you need to know how to properly pronounce the name. Not to be confused with Beaufort, North Carolina (said like “bow-fert”), the coastal town has a pronunciation more akin to “bew-fert.” Mistaking the two will immediately identify you as a tourist—and it won’t sit too well with the locals. Once you have that squared away, you can start planning your trip to Beaufort, the second-oldest city in South Carolina.

Best Things to Do

In 1969, Beaufort became one of the few U.S. cities with an entire downtown designated as a historic district by the National Trust for Historic Preservation, so exploring the neighborhoods filled with Victorian, Greek Revival, Neoclassical, and Federal-style homes is at the top of most travelers’ lists. At Henry C. Chambers Waterfront Park, you’ll spot Woods Memorial Bridge, recognizable from the aforementioned Tom Hanks blockbuster. Stretching your legs is also encouraged along the Spanish Moss Trail, a 10.2-mile greenway that weaves by Beaufort’s marshes and through trees draped in Spanish moss. Given its waterfront location, Beaufort should also be experienced by boat; book a Dolphin & History Boat Cruise with Coastal Expeditions or an ecology tour with Beaufort Kayak Tours. Paddleboarding is another option, with rental equipment available through Higher Ground Outfitters.

Beaufort’s ties to the literary world are strong; visiting the Pat Conroy Literary Center (this was Conroy’s adopted hometown) or one of the three independent bookstores in town—NeverMore Books, McIntosh Book Shoppe, or Beaufort Books—is a must for book lovers. For those interested in local art, there's the Rhett Gallery, Thibault Gallery, or Atelier Off Bay.

Many of the best things to do in Beaufort are found outside downtown. About 17 miles east is Hunting Island State Park, with its pristine beaches, marshes, maritime forest, and saltwater lagoon. It's also home to the Hunting Island Lighthouse, which was destroyed during the Civil War and rebuilt in 1875. St. Helena Island (a 15-minute drive away) is home to the Penn Center—one of the United States’ first schools for formerly enslaved individuals—as well as the family-owned Dempsey Farms, where you can pick in-season fruits and vegetables. Local produce can also be acquired on Saturdays at the nearby Port Royal Farmers Market.

Best Hotels

Enhance your visit to Beaufort with a stay in one of the town’s upscale inns. Slow Southern mornings paired with a home-cooked breakfast can be enjoyed on the expansive wooden porch at The Rhett House Inn. Guests can also book the more modern Rhett House Inn Cottages, which sit across the street from the main building. Once a Union Army hospital, Anchorage 1770 overlooks the Beaufort River and offers a fine dining experience at The Ribaut Social Club. The Beaufort Inn first opened its doors in 1897, and the property’s modern-day chapter features several fully renovated buildings within the town’s historic district.

Where to Eat and Drink

As with most Southern cities and towns, food is a major part of the local culture. If you’re a traveler who plans their vacations around meals, you’ll want to start your day at Blackstone’s Cafe or Herban Market and Cafe. For a quick lunch while exploring Beaufort, stop by Lowcountry Produce Market & Cafe to get a fried chicken sandwich or po’boy. Chapman’s Grocer also has grab-and-go treats, wine, and craft beer. Old Bull Tavern is a lively gastropub open only for dinner, Saltus River Grill is great for indulging in seafood, and those craving Italian should dine at Griffin Market. On St. Helena Island, The Gullah Grub Restaurant is one of the area’s most famous eateries (it appeared on Anthony Bourdain: No Reservations); order the shrimp gumbo.

Best Time to Visit

When considering the best time to visit South Carolina, there are a few things to keep in mind. Summers here are hot and humid—there’s no getting around that. To explore Beaufort in the most comfortable climate, your best bet is to go in either early spring or late fall. April and October are ideal—you'll find plenty to do (winter is far from bustling) while simultaneously avoiding the sweltering weather that's synonymous with the South.

Getting There

Hilton Head Island Airport (HHH) and Savannah/Hilton Head International Airport (SAV) are both about an hour's drive away. You’ll need to rent a car to fully experience Beaufort and its surrounding area. Charleston International Airport (CHS) is also an option, although it’ll take about 90 minutes to drive to Beaufort.

8 Perfect Destinations for a Long Weekend in South Carolina

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridg...

South Carolina delivers some of the South’s best trips, from barrier island beaches and salt marshes to local markets in historic districts. Edisto Island, a quiet and lightly developed sea island, is worth the trip for the 1.7-mile Spanish Mount Trail, which leads to a 4,000-year-old shell midden. Beaufort, with its antebellum character and live oak-lined streets, stands out for Cypress Wetlands, where visitors can spot alligators and river otters. And Newberry is especially memorable for the Wells Japanese Garden, with its moon bridge and Torii gate, as well as the historic Newberry Opera House downtown. There is plenty of history and natural beauty waiting to be discovered across the state, and the eight towns below show just how rewarding a long weekend in South Carolina can be.

Edisto Island

Edisto Island is quiet and largely uninhabited, making it the perfect destination for those wanting to disconnect and unwind. The island's highlight is Edisto Beach State Park, featuring a maritime forest with palmetto trees and rich salt marshes. One of the park's most popular trails, the Spanish Mount Trail, is a 1.7-mile path leading to a 4,000-year-old shell midden that has gradually eroded over time. For those who want to stay immersed in the island’s natural beauty, Edisto Beach State Park also offers rustic cabins tucked among the palmettos and live oaks. The cozy, no-frills cabins sit just steps from the shoreline, allowing visitors to wake up to ocean breezes, spend the day exploring the park’s trails and beaches, and end the evening listening to the sound of waves under a sky full of stars.

Folly Beach

Just a short 25-minute drive from Charleston, Folly Beach is a lovely escape with a population of just over 2,000. Stroll along the historic Folly Pier, built in the 1930s, and take in the breathtaking ocean views. Folly Beach County Park is perfect for those looking to swim, sunbathe, or walk along the shore, with lifeguards present during the summer months.

For a taste of fresh, home-cooked seafood, visit Coconut Joe's, conveniently located just a block from the beach. The town also offers a variety of charming inns and hotels, including the Regatta Inn, which features a waterfront view, a sunset terrace, and complimentary golf cart shuttles for added convenience.

Bluffton

Bluffton offers a waterside escape of its own, centered around the scenic May River rather than the Atlantic. Here, visitors can enjoy numerous recreational activities along the river, including dolphin tours, fishing charters, kayaking, and paddleboarding. The town also highlights local artisans and vendors through markets like the Lowcountry Made Artisan Market, an open-air venue showcasing handmade goods, and the Bluffton Farmer’s Market, where you can find fresh produce, spices, barbecue, and honey. If you're searching for a true Southern-style place to stay, consider May River Manor, which boasts 5.5 acres of lush greenery, a pool, and an outdoor patio for a relaxing getaway.

Beaufort

The town of Beaufort sits on Port Royal Island, surrounded by marshy estuaries and shaded by streets lined with live oak trees. The area is home to over 100 bird species, and the nearby Cypress Wetlands, just a ten-minute drive away, are an excellent spot for exploring the wetland ecosystem. Here, you can see diverse wildlife, including minks, river otters, marsh rabbits, and alligators. Beaufort's downtown area is filled with charming local shops, with highlights such as Beaufort River Glass, Monkey’s Uncle toy shop, and the Oyster Cay Collection antiques store. For a picturesque and historic stay, Anchorage 1770 is a heritage boutique inn on the waterfront.

Aiken

Heading over to the western side of South Carolina, Aiken is renowned for its rich equestrian heritage, while also embodying the best of Southern charm and hospitality. Visitors can tour and meet the horses at Aiken Equine Rescue, the southeastern US’s largest equine rescue center. Those interested in racing can visit the Aiken Thoroughbred Racing Hall of Fame and Museum, which has a large collection of photographs and trophies from some of the country’s best equestrian riders.

The nature around Aiken is priceless as well. The Aiken Arboretum Trail in town, for example, features one of the country’s most diverse tree collections within a municipal landscape. Regarding a unique lodging option in town, The Carriage House Inn, dating back to 1872, is located in Aiken’s historic downtown district and provides a delicious complimentary breakfast and chocolate chip cookies to its guests.

Newberry

Visitors cannot go wrong with a weekend trip away in Newberry. Its downtown historic district is a particular highlight, with landmarks like the Newberry Opera House and the Newberry Museum offering important insights into the town’s history. The Wells Japanese Garden is also on the National Registry of Historic Places, featuring a temple, moon bridge, Torri gate, and tea room.

Wine lovers will find plenty to enjoy in Newberry, with Enoree River Vineyards & Winery offering the perfect spot to spend an afternoon, surrounded by scenic views of the vineyard. For a quaint stay, the historic, family-run Newberry Manor, located just a block away from the Wells Japanese Garden, is a great option.

Sullivan’s Island

Sullivan’s Island is a relaxed, two-and-a-half-mile-long island home to a little over 2,000 residents, making for a quiet escape. After a leisurely morning stroll along its 2.5-mile shoreline, visitors can enjoy lunch at one of the town's coastal cuisine spots, like Sullivan’s Fish Camp. The town also has an involved artist presence, with visitors able to appreciate local art at galleries such as Sandpiper Gallery and Adele’s Pottery.

One of the island’s iconic landmarks is Fort Moultrie, the site of a pivotal nine-hour battle with the British during the Revolutionary War in 1776. The Palms Oceanfront Hotel is one of the nearest and most recommended lodging options, including spectacular views of the ocean, a newly renovated pool deck, and stylish, modern rooms.

Pendleton

If you're interested in South Carolina's history and culture, Pendleton is a must. The town boasts more than 50 historic buildings from the 18th and 19th centuries, numerous art galleries featuring works from local artists, and a vibrant bluegrass music scene. Notable historic sites include Timms Mill, a gristmill originally built along the Six and Twenty Creek in 1784 and relocated in 1898, as well as St. Paul’s Episcopal Church, established in 1822 and still featuring a Jardine pipe organ that has been playing for over 170 years.

To dive into the bluegrass scene, head to Breazeale’s Grocery Bluegrass on the weekends, where you can enjoy jam sessions and occasionally catch performances by nationally recognized artists. For lodging, Liberty Hall Bed & Breakfast, a beautifully restored home built in 1849, offers a charming accommodation option.

Final Thoughts

Whether you are a native-born South Carolinian or hail from another state, each of these towns offers unique and diverse attractions that will appeal to every member of the family. With everything from fresh seafood to art galleries and bird tours, these towns offer a wide variety of experiences that defy simple categorization. So get out your calendar, mark your dates, and start planning your next adventure in one of these amazing towns.

Folly Beach keeps 800 short-term rental permit cap after court upholds policy

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, r...

FOLLY BEACH, S.C. (WCIV) — A South Carolina appeals court has upheld Folly Beach’s limit on short-term rental licenses, allowing the city to keep its cap of 800 vacation rental permits.

City leaders say the cap was approved by voters in 2023 with the goal of maintaining a balance between tourism and full-time residents on the island.

The decision comes after some property owners challenged the policy in court, arguing the cap prevented them from renting their homes short-term. However, the court sided with the city, ruling the policy regulates business licenses rather than zoning. That distinction was central to the legal challenge.

Mayor Chris Bizzell said the ruling reinforces the city’s approach to managing growth while protecting the community.

“The tourism numbers are basically the same,” Bizzell said. “What I have seen is we have a lot of people moving in that are now long-term residents, as opposed to looking at the community as an investment, which is great to have new families moving onto the island.”

The cap was created amid concerns that a growing number of homes were being used as vacation rentals instead of primary residences. At one point, nearly half of the homes on the island were operating as short-term rentals.

City leaders say the goal was to place guardrails around that growth and preserve Folly Beach’s residential character while still allowing tourism.

Bizzell said from the city’s perspective, the policy has not hurt the overall economy.

“Our hospitality tax numbers and our accommodations taxes are at or above historic levels,” he said.

Still, some local business owners say they are concerned about how limiting vacation rentals could affect spending on the island.

Perry Freeman, president of Perry Hospitality, said visitors staying in short-term rentals often spend several days dining, shopping, and supporting local businesses.

“It’s not necessarily just a cap on the rentals — it’s a cap on tourists,” Freeman said, explaining that visitors staying on the island typically spend money every day during their trip.

Freeman said he believes there are fewer people staying on the island compared to previous years, something he says businesses are starting to feel.

“You see less people out there’s definitely been an impact on our business,” he said.

While the court decision keeps the cap in place for now, the legal fight may not be over.

The property owners who filed the lawsuit say they may ask the court for a rehearing and could ultimately try to take the case to the South Carolina Supreme Court.

Meanwhile, city leaders say they plan to continue reviewing the policy as part of long-term strategic planning to ensure it maintains the balance between tourism and residents that voters supported.

SC Appeals Court rules Folly Beach’s short-term rental cap is not a zoning change

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.The landlord and real estate development company, owned by ...

FOLLY BEACH — Two owners of several island properties lost their court appeal that sought to declare the local short-term rental cap illegal by arguing it was a change in zoning laws that deprived them of renting a new property.

Folly East Indian Co., which has five short-term rental licenses for properties along Folly Beach Road, filed suit and sought an injunction in January 2023 to stop enforcement of the cap that limits island short-term rental licenses to 800.

The landlord and real estate development company, owned by Folly Beach residents Richard D. Brendel and Michael J. Riffert, argued that the new limit changed the zoning of properties by not allowing owners to rent them.

The city has long maintained the referendum, which was written by a citizen and voted into law by 53 percent of island residents in 2023, was a business license change, not a zoning one. The S.C. Supreme Court previously ruled that zoning provisions cannot be enacted by the referendum process.

The lawsuit stemmed from the plaintiffs’ inability to rent one property in particular. Prior to the moratorium the city permitted them to build a house they intended to operate as an income-producing short-term rental. Because of pandemic-related delays, construction took longer than expected and the owners missed their window to get a short-term license before the cap was enacted.

The plaintiffs argued the cap took away their vested rights, which by state law protects a property owner from changes in zoning ordinances for two years and would have grandfathered in their ability to rent the property.

A Charleston County court disagreed. In an April 2024 ruling, Circuit Judge Paul Burch affirmed the referendum is not a zoning ordinance. As such, it does not infringe on property rights because it is a modification of business licenses.

A business license is not a vested right, the judge said.

The following month, Folly East Indian Co. filed an appeal with the S.C. Court of Appeals, which on Feb. 18 sided with the lower court.

The court’s unpublished opinion, which means it has no precedential value, said the ordinance “at issue only amended City’s business regulations to impose a cap on the number of issued short-term rental business licenses” and that it “did not amend City’s zoning ordinance, did not rezone any properties … and did not determine where any specific activities may occur.”

Island wide, rentals are still legal in every district and every residential unit is allowed to become a rental. The referendum solely regulates how many can get a business license to operate as such.

The plaintiffs argued the cap deprives them of the “economically viable use” of their property, “infringes upon its vested rights, and will interfere with Plaintiff’s reasonable, investment-backed expectations.”

Since the referendum was enacted limiting the coveted permits, homeowners who bought properties to rent short-term for income or as a way to pay for a beach home are now unable to do that. There’s no revenue to supplement mortgages, some involving multi-million-dollar purchases with high interest rates. Many have struggled to sell off their homes since.

The 800-unit cap applies exclusively to second homes, not primary residences. At the time of the vote, there were 1,125 rental properties on Folly Beach, which accounted for 43 percent of its housing stock. About 200 entries remain on the waiting list and, as of October, no one has made it off the waitlist.

Bijan Ghom with Saxton & Stump, who represented the plaintiffs, told The Post and Courier the opinion didn’t offer much analysis or directly address “several legal arguments” made on behalf of the plaintiffs.

“Since the Court did not select this matter for oral argument, it is even more difficult to read between the tea leaves, so to speak,” he said. “In any event, my client intends to file a petition for rehearing this week. If that is denied, we plan to petition the Supreme Court for review.”

Ghom noted there is another case at the trial level that also challenges the short-term cap from another legal argument.

“So, all in all, we are still hopeful we will prevail,” he said.

The city had no additional comment.

Mayor Chris Bizzell previously told The Post and Courier fine-tuning the referendum is part of the city’s 2026 strategic plan.

“I think the biggest thing that's happening is a couple of people have asked us to maybe look at the different proposals that were in the initial short-term rental language that was proposed by (previous) Mayor (Tim) Goodwin, and then go back through that, discuss why or why not we adopted some of those provisions,” Bizzell said.

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