SC legal advocacy group calls out Beaufort County over Daufuskie ferry ADA problems

Island Packet - 3/22/2024

Mar. 22—In a Thursday letter to Beaufort County officials, a South Carolina legal advocacy group said the public ferry service between Daufuskie and Hilton Head Islands is discriminatory and challenges or prevents people with disabilities from using it.

Daufuskie Island residents say they are hopeful Disability Rights South Carolina's involvement is the push the county needs to rectify safety concerns with the ferry. The group is the state's Protection and Advocacy system, meaning that the U.S. Congress legally established the organization to protect the rights of individuals with disabilities.

Now, the group is looking out for Daufuskie Island residents and tourists who use the publicly contracted ferry to Hilton Head. On an island with no hospital, no major grocery stores, and a heavy reliance on tourism, residents say the ferry is their lifeline. The letter, signed by attorney Rebecca Fulmer, asserts: "Beaufort County may not contract away its responsibilities under the ADA."

Beaufort County switched contractors for the service from Haig Point Community Associates to Lowcountry Ferry in January after seven years. Since the change, riders have complained about lower service at higher prices, and those who are disabled say they struggle to use the ferry. Last week, a rider fell into the water along with the ramp while embarking the boat.

Despite mounting objections and discrepancies between Lowcountry Ferry's bid proposal and provided service, the county hasn't moved to cancel the contract. Chairman Joseph Passiment said the process to terminate a contract starts with a notice of violation, and to his knowledge, there haven't been any notices of violation. Instead, Passiment said the county is working with the public and the provider to make changes.

"They haven't budged," Daufuskie Island Council chairman Kade Yarborough said of the county despite islander's complaints.

Yarborough said residents are more optimistic the county will make a change now that Disability Rights South Carolina is involved.

"I think that now a potential court case could be involved," Yarborough said. "That's applying a little bit more of a stern tone towards Beaufort County Council rather than, you know, your average Joe Schmo complaining about it."

The group isn't a stranger to bringing lawsuits against South Carolina counties. It filed a class action lawsuit against Richland County on behalf of detainees with serious mental illness confined in the county detention center. It has also filed suits against Charleston County and multiple state departments.

When contacted via phone and email, Fulmer wasn't immediately available to comment about what actions Disability Rights South Carolina might take after the letter. In the letter they requested a reply and for the county to advise of its plan to "remedy the discrimination." County spokesperson Hannah Nichols said the county received the letter and forwarded it to Lowcountry Ferry.

The Island Packet and Beaufort Gazette reached a representative from Lowcountry Ferry on the phone Thursday, who said owner Neil Turner wasn't available for comment.

What has happened since the man fell into the water?

The Coast Guard inspected the ferry boat, called the Manatee II, since the incident and found it to be compliant with regulations, according to spokesperson Petty Officer 1st Class Ryan Dickinson.

Residents said the ferry is using the same ramp that the man fell in the water using on March 14.

"Everyone who gets on the boat has seen it," Daufuskie Island resident Matthew Keller said. He said he takes the ferry to Hilton Head one to three times a month.

Dickinson said that the embarkation ramp doesn't fall under the Coast Guard's jurisdiction and the vessel had the means required to recover a man overboard. Video shows that crew members were unable to get the man out of the water and instead the man had to be towed in the water by another boat to a separate dock.

Keller said that before the incident he and his wife noticed the ramp's instability and mentioned it to the crew.

"It was something they were aware of," he said.

This story was originally published March 22, 2024, 1:00 PM.

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