Rhodes v. Smith

Ness, Justice.

This appeal is from an order granting a demurrer in favor of respondent Smith. We affirm.

Appellant Rhodes was employed as a deputy sheriff for Spartanburg -County approximately two years ago. At that time he also worked .at a local steak house which sold alcoholic beverages. Subsequently, respondent Smith was elected sheriff and promulgated a regulation prohibiting employees of the sheriff’s office from “moonlighting” in establishments licensed to sell alcoholic beverages. When appellant failed to terminate his employment at the steak house, Sheriff Smith discharged him.

Appellant…