Is the Daufuskie Island ferry violating its contract? What Beaufort Co. records say
Last month, a state legal advocacy group said the public ferry service that goes back and forth from Hilton Head and Daufuskie islands failed to adhere to the requirements in the Americans with Disabilities Act.
Under the service’s contract with Beaufort County, an ADA violation should be considered a breach of contract. An ADA violation gives the county the right to inform the ferry of default and demand the vendor immediately deliver a plan to remedy the problem. After that, the county could terminate the contract. However, there are no written records of the county notifying Lowcountry Ferry that it’s violating the contract, which clearly outlines the ferry must follow federal law.
The county switched its ferry contractor to Lowcountry Ferry in January after seven years with the previous contractor. Since then, disabled residents on the remote island have complained about accessibility issues, spurring a South Carolina legal advocacy group to take action. Disability Rights South Carolina said the service is discriminatory and challenges or prevents people with disabilities from using it. It sent multiple letters to the county notifying them of the violations and “potential for litigation or other legal action.”
Section Six of the contract between Beaufort County and Lowcountry Ferry says that applicable federal, state and local laws bind the vendor. Section Twenty-One of the contract outlines notifying the vendor of default as the first step in terminating the contract. It says that if “in the sole opinion of the county,” the vendor fails to comply with the contract, it shall be deemed a default.
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The lack of public records notifying Lowcountry Ferry of default shows that Beaufort County doesn’t believe the ADA violation is a default and it has not taken the first step toward terminating the contract.
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Here is what The Island Packet and Beaufort Gazette requested from Beaufort County on May 14, 2024, under the Freedom of Information Act, which allows the public and news organizations the right to request access to records from government agencies:
Any and all notifications, drafts of notifications, and/or documents, texts, and/or emails related to informing Lowcountry Ferry that it is defaulting, not complying or violating its contract.
On May 30, 2024 the county responded to the request:
Based upon a thorough search of public records currently in the county’s possession, the requested information was not found.
When asked for comment, Beaufort County spokesperson Hannah Nichols emailed “Beaufort county does not currently have a comment on Daufuskie Island Ferry services.”
Since February, Lowcountry Ferry has not responded to calls and emails from The Island Packet and Beaufort Gazette.
This story was originally published June 11, 2024 at 12:58 PM.
