Daufuskie ferry, still embroiled in ADA access and AC woes, adds second boat to service

The embattled operator of Daufuskie Island’s ferry service acquired a new boat last week, but failing air conditioning on the primary vessel paired with accusations of continued unwillingness to comply with the Americans with Disabilities Act signals the county still has work to do with the new vendor.

Previously, the lack of an adequate backup boat and inconsistently functioning air conditioning on the Manatee II, were outstanding issues that led the county administration to issue a notice of non-compliance to Lowcountry Ferry’s owner, Neil Turner, in early July. It was the first time in seven months that Beaufort County acknowledged issues with the ferry service that has been in place since January.

As a remedy for one of the issues cited by the county, Turner has since acquired a new boat, the Queen Jean, but that only addresses one of the concerns raised in the notice. The air conditioning in the main cabin has reportedly been on-and-off for several summer weeks.

Disabled riders still see no relief

A letter dated Aug. 2, from Disability Rights South Carolina states that Beaufort County is failing to comply with the Americans with Disabilities Act. Namely, problems with accessibility to the boat, lack of assistance for disabled passengers, inadequate vessel capacity and unsafe conditions.

“These deficiencies continue to challenge the lives and livelihoods of people with disabilities who live on the Island, their family members and personal aides as well as tourists who are disabled, or prohibit them from using the public ferry system,” the letter reads.

ADA Letter: County is on the hook for the ferry operator’s non-compliance

The letter continues, “We want to emphasize that the County’s unequivocal obligations under the ADA extend far beyond questioning the fitness or suitability of the vessels Lowcountry Ferry has identified for its use. Again, the County is responsible not only for its own activities but also for noncompliance by LCF with its obligations under the ADA. For more than 6 months, the County did not attempt to remedy problems with LCF’s operation, which were brought to your attention again and again, not only by DRSC but also by residents of the Island,” wrote ADA attorney Rebecca Guental Fulmer.

The letter cites several examples of continued non-compliance including, “For example, one of our clients must have knee surgery and visits his physician on the mainland once a month. He has to use crutches to get all the way to the boat and down steep and slippery gangways. This is very painful and dangerous for him. Employees of LCF who have watched him struggle have not offered help.”

If Beaufort County does not address these issues, the DRSC letter makes it clear that litigation will follow. However, the letter states their willingness to avoid litigation by reaching a settlement with the county.

The second ferry boat has yet to be approved for use

After a back-and-forth with County Administrator Michael Moore, Turner had to provide proof that he had secured an appropriate backup vessel by Aug. 9. Turner submitted a response the day of the deadline, which is currently being evaluated, according to Moore.

In the days following Turner’s response, islanders started noticing the new boat docked around Hilton Head Island, first at Buckingham Landing and then at Turner’s marina at the Hilton Head Harbor RV Resort. The 53-year-old boat was previously used for fishing and excursions off the coast of Topsail Beach, North Carolina.

However, the Queen Jean isn’t taking people onto Daufuskie yet. Before the boat can transport people, the county needs to approve the boat to be used for the service. Moore was not available for comment Wednesday afternoon, so where the county is in that process is unknown at this time.

The Beaufort County Council has yet to review any changes made to the service this month. A meeting scheduled for Aug. 12 was canceled and rescheduled for Aug. 26. If the Queen Jean proves inadequate at addressing the service’s ongoing issues, the county has the right to cite breech of contract.

Lowcountry Ferry took over Daufuskie Island’s ferry service in January. It ended seven years of Haig Point Community Associates providing the service. Haig Point asked the county to pay $1.02 million annually for the contract, up from the past year’s $375,000. Lowcountry Ferry submitted a lower bid than the previous Haig Point at $365,000.