Tag: 14th Amendment

Conway’s War Against Political Signs Spirals out of Control

Government officials in Conway have increased their war on political signs during this primary campaign season to a point that it has spiraled out of control.
Grand Strand Daily has learned that summonses with potential $1,000 fines, for alleged illegally placed campaign signs, have been issued to at least several more candidates in current primary races.
Most interesting is the June 13, 2021 date on the summonses for these cases to be heard in Conway City Court. That date is one day before primary election voting will take place at the polls.
Nothing in Horry County politics happens in a vacuum. One must wonder if certain Conway city government officials are attempting to influence the outcome of some of the races in the June 14th primaries?
Two weeks ago, GSD ran a story on this issue. At that time, blame for a summons and fine issued to one candidate was put at the feet of Conway City Administrator Adam Emrick due to prior statements he had made during a meeting of Conway City Council.
In the interim, several city council members have stated that candidates would be allowed to pick up their confiscated signs and no fines would be collected. However, with the escalation in the issuance of summonses, that does not now appear to be the case and city council members are now complicit for not doing anything to stop the problem.
Who is setting policy here, Conway City Council or Emrick?

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DiSabato Proposes Ordinance that Could Violate State Law and the U.S. Constitution

Included in the various email exchanges following last week’s Horry County Council brouhaha was one from council member Dennis Disabato to council Chairman Johnny Gardner in which DiSabato notified Gardner he had instructed staff to prepare a new ordinance that appears to be pointed at one fellow council member and may violate both the US Constitution and South Carolina law.
DiSabato and council member Al Allen were on opposite sides of the issue to discuss county legal fees on last week’s agenda. Allen requested the discussion be placed on the council agenda, DiSabato moved to adjourn the meeting to prevent the discussion from taking place.
In an email to council Chairman Johnny Gardner, DiSabato said that since Gardner had a desire to discuss the use of public funds so transparently, he wanted to place an item on the agenda for the next meeting.
“I would like to discuss the use of public funds and awarding contracts to organizations owned by council members and/or their immediate family. I believe it is important for the public to understand exactly how much of our tax revenue is being spent with Allen Aviation, in particular, for mosquito spraying contracts, as well as how those contracts are awarded,” DiSabato wrote to Gardner in the email.
Had DiSabato stopped there, he would have been fine.
However, DiSabato’s email took it further, “Furthermore, I’d like to take this opportunity to let you know that I have instructed staff to prepare an ordinance to prevent the county from further contracts with companies owned by council members and/or their immediate family. The intent here, Mr. Chairman, is to protect and prevent individuals on council from undue public scrutiny of perceived improprieties stemming from such activities.”
An ordinance such as DiSabato proposes may violate both state law and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
The Fourteenth Amendment provides that no state may deny any person within its jurisdiction the equal protection of the laws. It mandates that individuals in similar situations (classes) be treated equally by the law.
South Carolina has no law prohibiting public officials from conducting business with the agency they represent. It does have laws prohibiting members from voting on or influencing a governmental decision in which the public official has an economic interest and laws on disclosing the income (economic interest) from such business.

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