After U.S. District Court Judge David Norton struck down Charleston's tour guide licensing law as a violation of free speech rights, the city asked him reconsider. But in an order filed Monday, Norton denied the city's request and reaffirmed his August ruling.
"The city's motion is nothing more than a request that this court change its mind, which this court declines to do," he wrote in the order.
The ruling was the result of a lawsuit filed in January 2016 by the Institute for Justice, an Arlington, Va.-based free speech group. The complaint was filed on behalf of three people who said they attempted Charleston's tour guide exam and found it overly burdensome.
Up until this August, anyone who wanted to become a Charleston tour guide was required to pass the city's test, which is based on an almost 500-page study guide that covers major tour topics such as Charleston history, architecture and prominent Lowcountry figures.
Norton heard four days of arguments and testimony in April before issuing his ruling on Aug. 3. In the ruling, Norton wrote that the licensing law "imposes real burdens on those hoping to be tour guides in Charleston."
The city filed a 25-page response about a month later, laying out reasons for why the court should amend its judgment in the city's favor. The city argued that the ruling offered no alternatives that could protect the city's tourism industry but be less of a burden to new guides.
In Monday's order, Norton wrote that the city had "presented no newly discovered evidence" and had not "uncovered any manifest errors of law." For those reasons, Norton wrote, the city's request was denied.
The city maintains that mandatory testing is the best practice for Charleston.
“The city is disappointed with Judge Norton’s order," said Carol Ervin, counsel for the city. "The city continues to believe a mandatory licensing program for tour guides is the most effective way to achieve the city’s objective of protecting tourists, residents and the tourism industry from the problems caused by unqualified or unscrupulous guides."
The city is considering its options to appeal Norton's ruling, Ervin said.
In the months since the law was struck down, keeping track of who is giving tours in Charleston has become more complicated. Business licenses are still required to give tours, but licenses may be filed under corporate names, not individuals' names, and those tour companies can now freely hire guides that have not passed the city's exam.
Charleston's test is still being offered, but it is operating as a voluntary program. After the mandatory requirement was lifted, several of the city’s carriage and tour operators quickly announced that they would still require their guides to be certified.
Charleston isn't the only city to be making changes to its tour guide licensing system due to legal issues. Savannah, which was also challenged by the Institute for Justice, disbanded its tour guide test in 2015 and has since developed a new exam under a voluntary licensing program.
