The Army Corps of Engineers has filed a lawsuit against the owners and operators of a Charleston-area party boat company claiming that the business is operating illegally in Charleston's waterways and creating an unauthorized obstruction for others.
The lawsuit, filed on May 24, names Hydrofly LLC, Hydrofly Watersports, Tiki Tours of Charleston and Samuel George Pannier as defendants.
According to the Army Corps of Engineers, the defendants first constructed and placed the "Tiki Hut" into the Ashley River in March 2018 to begin commercial operations.
According to the Tiki Tours of Charleston website, the "Friki Tiki" is a 32-passenger party boat that features live music, alcohol, games, and more, depending on the packages guests elect to purchase.
The Army Corps of Engineers alleges that in March 2020, the defendants removed the Tiki Hut from Charleston's waterways at the direction of the Army Corps Charleston District.
However, three to four months later, the lawsuit claims that the Tiki Hut was reintroduced to the Ashley River so the business could continue with its illegal tours.
The structure and/or obstruction known as the Tiki Hut presents a potential risk and/or hazard to navigation, property, and public safety on the Ashley River.
According to the lawsuit, Tiki Tours of Charleston is actively violating the Rivers and Harbors Act of 1899, and as a result, the Army Corps of Engineers is requesting that the owners of the Tiki Hut be compelled to remove the structure from the Ashley River.
Pannier tells News 4 that the company has since complied with the Army Corps' demands by removing the vessel from the water.
“We found it very surprising considering the Army Corp said we could keep the Tiki Hut in the anchorage during a phone conference on Oct 5, 2020, Pannier said. "It’s also very unclear how it could have been a hazard to navigation when it was surrounded by several moored sailboats. Some of which have abandoned and left for years. We have since removed the structure in hopes of avoiding litigation in federal court. Not because we agree with their position.