City of Charleston v. Roberson

Ness, Justice:

Appellant City of Charleston appeals from an order invalidating a municipal ordinance and reversing respondent John Clifton Roberson’s conviction for its violation. We reverse.

Pursuant to § 5-7-30, Code of Laws of South Carolina (1976), the Charleston City Council adopted an ordinance that mule or horse drawn sightseeing vehicles be prohibited from operating on all or part of eight streets in the City’s historic district. Respondent, who was then engaged in the business of operating horse drawn carriage tours in the affected area, violated the ordinance. He was convicted in…