Our View: Point the finger at this ordinance

Imagine if you were giving someone a ride past a historic building and a guest asked you what it was. You might point and say, “Oh, that’s Emanuel AME Church.”

Now imagine you were a pedicab driver with two passengers, one of whom asked the same thing and the driver answers the same way.

What’s the difference? A fine of up to $1,087.

There’s actually a law in the city of Charleston that allows for this nonsense. Why? Because, according to the ordinance, “No person shall operate or cause to be operated bicycle tours, of whatever nature, within the old and historic district.”

For the folks at the city’s tourism department, a pedicab driver pointing at a building is proof positive that a tour is in progress. According to drivers we’ve talked with, they sometimes even send officers on bikes to follow and video them to catch them in the pointing act.

This whole charade is ridiculous. Many tourists and locals use environmentally friendly pedicabs to get from one place to another. But some guests might request rides without a specific destination. They just want to take a pleasant bike ride around the city and may ask questions about sights they pass.

If a patron simply asked about a building like the Wentworth Mansion during the ride, it’s ridiculous for the pedicab driver to have to answer, “Sorry, I can’t tell you that because I’m not a tour guide.” In a city that seems to bend over backwards to accommodate tourists, this kind of impertinent interaction could rightfully leave a bad taste in a visitor’s mouth.

The tourism department told the City Paper that pedicabs are treated as modes of transportation and must take passengers from point A to B in the most direct route. Taking a longer route to arrive at the requested destination is considered “giving a tour,” meaning that rides without a specific destination are prohibited.

But let’s be real. Sightseeing during a 15-minute pedicab ride isn’t what most would consider a tour. Visitors who want more in-depth information on the city’s history have plenty of licensed tour companies to choose from. Riding a pedicab is just a fun way to interact with a local and get a sense of the city.

The tourism department has argued bike tours also are a safety issue as drivers are more likely to be distracted and disobey traffic laws. Really? In the age of cell phones? And how is this all that different from drivers having a regular conversation with passengers? Should drivers be expected to stay silent during rides? The issue here seems to be more about what constitutes a tour than anything else.

Over-regulating pedicabs and restricting what they are allowed to say during a ride is a waste of time and money and, arguably, is an infringement of freedom of speech.

And what’s more, the ordinance isn’t even used that much as tourism officers haven’t written a citation for pedicab drivers since 2020. So why is this obviously subjective, unenforced ordinance even on the books?

Let’s stop threatening pedicab drivers with the possibility of absurd fines. Even better: Get rid of the absurd ordinance prohibiting bicycle tours.