By PSA Newsroom Staff
Colleton County – A resident has filed a lawsuit in the Court of Common Pleas, taking on county government over what she alleges were violations of South Carolina’s open government laws during a recent County Council meeting. The case highlights a growing trend of constituents using the courts to challenge local government actions when they believe transparency and public participation have been compromised.
According to court records, the lawsuit was filed in the Fourteenth Judicial Circuit against Colleton County Council and Colleton County, South Carolina. The plaintiff, who is representing herself, brings the action under the South Carolina Freedom of Information Act (FOIA), seeking declaratory and injunctive relief.
At the center of the dispute is a County Council meeting held in early January, during which council members conducted a public hearing and final vote on Ordinance 25-O-11. The ordinance involved approval of a Fee In Lieu of Tax (FILOT) agreement and special source revenue credits, actions that affect public funds and local tax policy.
The complaint alleges that the agenda item generated substantial public interest and that many residents attempted to attend the meeting in person. According to the filing, only about 50 members of the public were allowed into the meeting room, while an estimated 60 additional citizens were turned away and unable to enter.
While a live video stream of the meeting was reportedly available, the plaintiff alleges that the electronic public comment system was disabled or nonfunctional. As a result, residents who could not enter the room were allegedly unable to submit comments or otherwise participate in the public hearing. The complaint further claims that only four individuals were ultimately allowed to speak before council proceeded with both the hearing and the final vote.
Under South Carolina law, FOIA requires that public bodies conduct business openly and provide meaningful access to meetings where public policy decisions are made. The lawsuit argues that the conditions under which the meeting was held deprived citizens of that access and violated statutory requirements intended to ensure transparency and public participation.
In her filing, the plaintiff asks the court to declare that FOIA was violated, to rule Ordinance 25-O-11 null and void, and to block its enforcement until a lawful public hearing is conducted. The complaint also seeks recovery of court costs and any additional relief the court deems appropriate.
Beyond the lawsuit, the plaintiff has indicated she is also pursuing other oversight avenues, including formal complaints to state authorities, arguing that citizens have multiple tools available when they believe government processes fall short of legal standards. She has emphasized that South
Carolina law allows residents to bring FOIA enforcement actions without hiring an attorney, underscoring that these rights belong to the public as a whole.
The defendants have not yet responded in court, and the allegations outlined in the complaint have not been adjudicated. As with all civil actions, the claims remain allegations unless and until the court makes findings of fact or conclusions of law.
The case illustrates how disputes over meeting access, public comment, and transparency can escalate beyond council chambers and into the judicial system. For many residents, the outcome may carry implications not only for the ordinance in question, but also for how local governments manage public participation when interest runs high.
As the case proceeds, it will ultimately be up to the court to determine whether the meeting complied with South Carolina’s Freedom of Information Act and what, if any, corrective action is required.
