In any democracy, the purpose of laws should be to set forth a bare minimum standard of behavior for living in society. Regardless of political shade, it’s been well established that willfully harming animals falls below that minimum.
Unfortunately, animal cruelty laws in South Carolina may not match that fact. As a result, it’s entirely possible that a man accused of willfully ramming a golf cart into a popular mute swan at a campground in Myrtle Beach may not get real punishment since South Carolina’s animal cruelty laws don’t appear to apply to fowl.
On June 14, a man driving a golf cart at Myrtle Beach’s Ocean Lakes Family Campground started harassing Mama Swan—or “Swannie,” as she’s popularly called—before slamming his cart into her. According to local NBC affiliate WMBF-TV, the bottom-feeder did so much damage that Swannie’s injuries are particularly difficult to treat.
Swannie was taken to Charleston and is now being cared for at the Carolina Wildlife Rehabilitation Center, but caring for her requires special treatment that a representative with Ocean Lakes said is hard to find.
“The challenge is finding the right vet. Swans have large bodies and small legs,” said Ocean Lakes Family Campground representative Lauren Eckersley. “So when they injure a leg, there are complications.”
The good news? It didn’t take long to track the guy down.
Eckersley said Ocean Lakes Family Campground made pursuing justice their top priority. With tips from residents and guests, security was able to locate the person who was allegedly driving the golf cart and harassing Swannie and had them trespassed from the property.
The ID of the person who was removed by security was not immediately available.
Eckersley said the investigation is now in the hands of the Horry County Police Department and the S.C. Department of Natural Resources.
A week later, WMBF interviewed campground marketing director Barb Kumm, who revealed she and her colleagues are still shaken.
According to WMBF, the campground staff wants the guy who hit Swannie locked up. Lest you think that’s too harsh, local ABC affiliate WPDE-TV has more details on the extent of Swannie’s injuries.
The incident left her with a luxated hip and knee, which are major injuries to a bird her size.
"You have a bird that's about 25 lbs, standing on these little tiny legs, so when they try to get out of the water, there is a lot of pressure being put on those joints," said Kimberly Cerimele, the executive director of the Carolina Wildlife Rehabilitation Center.
Swannie’s injuries were severe enough that she needed a vet who specializes in caring for exotic animals. The rehab center has had to crowdfund the money necessary to nurse Swannie back to health; as of last week, residents had sent in over $7,000 to help care for her. Over $5,000 of that has already been spent on her care, but the center had to turn to the community to raise another $3,000 for a new round of surgery. In all likelihood, though, the guy who hit Swannie will ultimately be on the hook for those expenses.
And yet, that still doesn’t feel like justice. As much as campground staffers want to see that guy in handcuffs, South Carolina law may make that impossible. When I first heard about this story, I noticed several commenters on WMBF’s Facebook page mention that South Carolina’s animal cruelty laws don’t apply to waterfowl. I found that hard to believe, but sadly, a look at South Carolina’s animal cruelty statute seemingly confirms it.
On the face of it, Swannie’s injuries rise to the level of a felony: Under South Carolina law, anyone who “tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon an animal” commits a felony punishable by up to five years in prison. But then there’s this carve-out that explicitly excludes all fowl—not just waterfowl.
This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise.
So it’s entirely possible that despite meeting any real-world standard of animal cruelty, the assault of Swannie may not meet the legal one. If there’s a way to jackhammer this loophole shut that doesn’t open a can of worms, the powers that be in South Carolina need to find it. This should not be partisan.
Incredibly, this sad story has slipped under the radar. I only found out about it because WMBF is owned by the same company that owns WBTV in Charlotte, my local CBS affiliate. Perhaps if we all give the South Carolina General Assembly a gentle nudge, we can close this loophole in the future—even if we can’t right this wrong now.