What The Hell America!

Last year, Sapelo Island residents sued county officials for blocking them from holding a crucial vote that could determine whether they would be displaced from the last Gullah Gechee community on the Georgia coast. 

Barbara Bailey, Christopher Bailey, and Stanley Walker, on behalf of 2,300 voters, claimed McIntosh County commissioners stopped residents from casting their ballots in a referendum. 

The issue stems from a lower court ruling that ordered an October 2024 election be halted during early voting, a decision aligned with commissioners who filed the lawsuit. The residents triggered the election, after collecting more than 2,000 signatures on a petition to vote on the commissioners’ decision.

The Baileys and Walker appealed the decision. Now, the Georgia Supreme Court’s nine justices will hear oral arguments in the case Wednesday, April 16, in Atlanta at 10 a.m.

Despite the ongoing lawsuit, just last month the county commissioners attempted to “reaffirm” the very zoning law they’re currently defending in court. The zoning ordinance, passed two years ago, would allow construction of homes to double in size. This would be much larger than traditional homes in the 427-acre historic Hogg Hammock, or Hogg Hummock, neighborhood on Sapelo Island, which is about 60 miles south of Savannah.

Residents fear the changes will result in higher taxes, attract developers, and lead to displacement. 

This is yet another effort by government entities, wealthy investors, or corporations to take land from historically Black under-resourced communities, said Larry Riley, state coordinator for the Georgia chapter of the ADOS Advocacy Foundation. He referenced Sparta, Georgia, where Black landowners are fighting to stop a railroad company from seizing their land, and Hilton Head Island, South Carolina, another Gullah Geechee community where the late Josephine Wright battled developers until her death to protect her family’s home.

But, the most alarming aspect, particularly in Sapelo Island, is the attack on voting rights and Black political power — and the precedent this Supreme Court case could set, he added.

“We’re seeing an increase in voter suppression. That’s another issue that makes Sapelo really unique, because they wanted a vote, but were blocked from it. The scary thing is if the court sides with McIntosh County, that sets precedent that this could happen more often in other places because they’ve seen it work here,” Riley said. “We need more organizations and the general public to know about these things and make noise about it.” 

As Sustainable Georgia Futures put it: “This case is about protecting legacy, land, and self-determination.”

This fight is the most recent of many between the residents here and its local government. Already, they’ve endured government neglect, property tax hikes, and white developers eyeing the land, known for its beaches and climate, as a place to build luxury resorts and golf courses. After celebrating their annual Cultural Day last fall, seven elders lost their lives due to a gangway collapse, which residents previously sounded the alarm about its poor conditions.

They’ve used litigation to settle disputes. In recent court battles, the county settled, promising to provide better fire equipment and emergency medical services, in addition to improved maintenance of roads and a 30% reduction in garbage fees to residents. 

They’re back in court, seeking an opinion on whether the referendum can move forward. In addition to the residents’ case, the Supreme Court will hear two other related cases between McIntosh County and county Probate Court Judge Harold Webster, who approved the petition and scheduled the October election.

Although the oral arguments on Wednesday will last 40 minutes, a decision may not be reached for months. Attorneys for all parties did not respond to Capital B’s request for comment.

30-year protections broken

As early as the summer of 2023, Sapelo Island descendants and activists actively worked to prevent the county from repealing protections established in the 1990s. McIntosh County created the Hog Hammock Historic District in 1994 to protect the community’s historic resources and ward off threats from land speculators and development. The area is also listed on the National Register of Historic Places. 

“It is the intent of this district to reserve this area for low intensity residential and cottage industry uses which are environmentally sound and will not contribute to land value increases which could force removal of the indigenous population,” according to Appendix C, Article 2, Section 219 of the McIntosh County Code of Ordinances. 

County commissioners reversed course in 2023 when they planned to raise the maximum square footage of a heated-and-cooled house from 1,400 to 3,000, which residents warned would lead to higher property taxes. They packed out zoning and planning commission meetings as well as county board meetings to share their concerns. Despite their pleas, commissioners voted 3 to 2 in favor of the proposal.

“What they voted on today was unjust and unfair to the descendants of the island,” Commissioner Roger Lotson, the sole Black board member, said at the time. Lotson, who voted against the motion along with commissioner William Harrell, tried to strike a compromise by postponing the vote for 45 days and allowing the proposal to be viewed by the community. He also tried to reduce the square footage.

Both of the motions failed, The Current reported.

Read more: The Battle for Land, Identity, and Survival of Gullah Geechee Communities

County manager Patrick Zoucks told the Darien News that the “proposed amendments to the Hogg Hammock zoning regulations are in the best interest of the residents of Hogg Hammock and all of the citizens of McIntosh County. These regulations provide the best protection that any county in Georgia can provide to similarly situated communities.”

Sapelo Island descendants and local groups immediately jumped into action and organized a petition to give voters a say on the matter. Residents petitioned the issue for a vote, following the Home Rule provision in the state’s constitution. It resulted in a special election. Home Rule allows that amendments to or repeals of local ordinances, resolutions, or regulations may be initiated by a petition filed to the probate court judge, who will then decide the validity of the petition within 60 days and issue a special election, if warranted.

Separately, a group of nine residents — who are mostly retirees or on a fixed income — from the Hog Hammock community filed a complaint in October 2023 against the commissioners to challenge what they call an “unlawful zoning amendment” in the Superior Court of McIntosh County. They argued that if the property taxes increase as a result of the amendment change, they will not be able to afford to live on the island anymore. The county asked the judge to throw out the suit in November. In March 2024, Superior Court Judge Jay Stewart dismissed the case without prejudice. 

The outcome of the case didn’t break the community’s spirit. 

By July 2024, they collected more than 2,300 signatures on their petition, and three residents filed it in McIntosh County probate court to put the referendum on the ballot. Weeks later, Probate County Judge Harold Webster validated the votes and approved an election for Oct. 1, 2024. 

Rather than allow the election to proceed, county commissioners filed a complaint in Superior Court to stop the election, stating that Webster lacked authority and jurisdiction to take actions on the referendum petition. In September, a month before the election, Superior Court Judge Gary McCorvey ordered a halt to the election, as voters were casting early ballots. More than 800 people had voted.

Capital B Atlanta’s Community Engagement Editor Ann Hill Bond and Community Listening Ambassador Dante Miller contributed to this report.