‘Gloves had come off:’ Ocean Boulevard restaurant countersues neighbor over surveillance camera

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MYRTLE BEACH, SC (WMBF) – An oceanfront hot spot is suing a neighboring condominium complex, saying it invades customers’ privacy because of surveillance equipment overlooking the rooftop bar and grill.

According to a verified answer and counterclaims filed Aug. 2, the owner of RipTydz states the business and its patrons have a “reasonable expectation of privacy on the third floor level,” free from the surveillance cameras installed by Holiday Pavilion.

This is the latest in an ongoing lawsuit between RipTydz and the condo complex. The Holiday Pavilion Condominium Tower Homeowners Association and Pavilion Resort Management sued the rooftop bar and grill over noise complaints.

The complaint states the complex’s owners repeatedly requested that RipTydz turn down the music. It also alleges the business has repeatedly violated the city’s noise ordinance.

In its memorandum in opposition to the motion for preliminary injunction, the attorney for RipTydz states that from November 2017 to April 15, 2018, the restaurant and the condo complex worked together to help reduce the volume of the music.

That included turning off two main speakers on the third floor and reducing the volume of 10 outdoor speakers to 50 percent until 8 p.m. and then turning them off completely after 8 p.m.

“Following these changes, Plaintiffs’ representatives notified RipTydz that it was satisfied, and RipTydz believed the issue had been resolved,” court documents stated. “However, such was not the case. Plaintiffs changed course and notified RipTydz that the ‘gloves had come off.’”

In its response, RipTydz’s management claims the Holiday Pavilion installed a sound monitor and surveillance camera on the side of its building directed toward the rooftop restaurant and bar area.

Additionally, RipTydz claims Holiday Pavilion lodged 17 complaints with the Myrtle Beach Police Department between April 15 and July 26.

“Each complaint resulted in the police visiting the restaurant. Not once did the responding officer cite RipTydz for a noise ordinance violation or demand RipTydz turn down its music,” the memorandum states.

In its countersuit, RipTydz is asking the court to order Holiday Pavilion to remove the surveillance equipment and an award of damages.

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