In the sunny stretch of North Myrtle Beach, a local business owner is navigating some tricky waters after a recent court ruling. Derek Calhoun, who runs Cherry Grove Beach Gear, is ready to move forward with his business despite the waves of legal challenges he’s faced. This past week, a judge dismissed a lawsuit Calhoun filed against the city, leaving him with mixed feelings—part relief and part disappointment.
Let’s rewind a bit. Calhoun launched Cherry Grove Beach Gear back in 2020, with a unique service to set up beach chairs and umbrellas for sunbathers. It was a fantastic way to make the beach experience more enjoyable for folks. However, in 2022, the City of North Myrtle Beach stirred up a bit of controversy by changing an ordinance, effectively saying that only the city and certain franchised businesses could take care of those comfy beach setups.
Feeling the heat, Calhoun stepped up and took action, filing a lawsuit accusing the city of changing rules just to line its own pockets, while putting him and his small business at a major disadvantage. He referenced that the new law appeared to target his operations and curb his ability to earn a living. Unfortunately, after lengthy proceedings, the judge ruled in favor of the city, stating they had not violated any antitrust laws.
Calhoun expressed how bittersweet the ruling is. “One part of me is glad that it’s over. The other part, although knowing this could happen, it’s still a shock,” he shared. It’s understandable; after all, nobody likes to feel like the deck is stacked against them. He pointed out that while the city rakes in about $3 million a year from their beach rentals, he’s been left to navigate thousands of dollars in fines, fighting against what he believes was an unjust targeting of his business.
During the court proceedings, City Manager Mike Mahaney even admitted that the ordinance changes seemed to punch down at Calhoun’s business. With citations stacking up, it felt like a tough battle for the local entrepreneur, who was just trying to serve beach-loving patrons with his beloved setup services.
But don’t count Calhoun out just yet! He remains optimistic despite the court’s decision. He knows that adapting is key and is looking ahead to what changes he can make to keep his business thriving. “That beach piece is missing,” he said, lamenting the service that his customers loved the most. But true to his spirit, he’s not letting it curb his enthusiasm. “We and our customers felt like there was a lot of value in that. Unfortunately, the court and the city didn’t see it that way.”
The lawsuit has been dismissed without prejudice, which means Calhoun could potentially refile if he chooses. So, there’s still a glimmer of hope. In the meantime, he’s looking to shake things up and explore alternative ways to connect with his customers.
Meanwhile, the City of North Myrtle Beach took to social media to express their contentment with the ruling, stating they respect the federal court’s decision and considered it a win on their end. It’s clear that this legal bout has stirred up some strong feelings on both sides.
As the sun sets over the beautiful shores of North Myrtle Beach, one thing stands clear: the spirit of community and entrepreneurship is alive. As Calhoun gears up for the future, let’s keep our eyes peeled for where he takes Cherry Grove Beach Gear next. After all, there’s always a new wave coming in!
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