Ani Creation, Inc., et al. v. City of Myrtle Beach
Annotate this CaseAfter receiving frequent criticism from tourists and residents alike, the City of Myrtle Beach, South Carolina became concerned that the proliferation of smoke shops and tobacco stores were repelling families from the area due to those stores' merchandise and advertising practices. More specifically, the city was troubled with those shops' sale of sexually explicit items, cannabidiol (CBD)-infused products, and tobacco paraphernalia. In an effort to improve the "family friendly" nature of the downtown area, the city created a zoning overlay district that prohibited the operation of smoke shops and tobacco stores, among others, in the city's downtown. Appellants, nine of the twenty-five affected stores located in the area, were each issued a citation by the city's zoning administrator for failing to comply with the zoning overlay ordinance. Following a complicated legal battle, appellants raised a host of constitutional challenges to the zoning overlay ordinance. The circuit court found the ordinance survived appellants' complaints, and appellants directly appealed that decision to the South Carolina Court. The Supreme Court held that, under its long-standing precedent, the overlay ordinance did not impermissibly spot zone the city's historic downtown area. Additionally, the Court found the overlay ordinance was a constitutional exercise of the city's police powers. The Court therefore affirmed the decision of the circuit court and upheld the validity of the ordinance.
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