Columbia Swim Instructor Sues City After Neighbor Complaint Ends Backyard Business
Libby Souder, a swim instructor in Columbia, South Carolina, is suing the city after her backyard swim lessons business was shut down following a single neighbor’s complaint. For six years, Souder taught private swimming lessons to local children in her heated backyard pool, renewing her business license annually without issue—until March 2024, when a new neighbor complained about noise and traffic.
The city then denied her license renewal based on a new interpretation of zoning laws, despite Souder having followed all regulations and invested in mitigations like a second driveway to prevent street parking and a fence to absorb sound. Souder says she taught two to three hours a day, April through July, serving children with disabilities and young learners who found public pools less accessible.
One of her students, Eli Johnson, born with a limb difference, learned to swim under Souder’s instruction and is now certified in scuba diving at age 12. His mother praised Souder for treating him like every other student and adapting her teaching as needed.
Souder has partnered with the Institute for Justice to challenge the city’s action, arguing it violates her constitutional right to earn a living and use her property productively. The case may ultimately require intervention from the South Carolina Supreme Court.
Background: A Home-Based Swim School Built on Trust
Souder’s connection to swimming runs deep—she learned to swim herself in a neighbor’s backyard in Columbia. She began teaching lessons in 2018 after obtaining a home occupation business license, which the city renewed each year without incident. Her instruction focused on building confidence in the water, especially for fearful or special-needs children.
She maintained her pool at a comfortable temperature, repaired equipment promptly, and took steps to be a solid neighbor. Despite these efforts, the city changed its stance after receiving the complaint, asserting that her home-based business violated zoning ordinances.
Legal Challenge: Property Rights vs. Municipal Authority
The lawsuit centers on whether Columbia can lawfully prohibit a home-based business that had operated legally for years based solely on a single complaint. Souder’s legal team argues the city’s shift in policy lacks due process and unfairly targets property owners seeking to use their land productively.
The Institute for Justice, which is representing Souder, has taken on similar cases nationwide involving home-based businesses shut down by zoning enforcement. They contend that such actions undermine economic liberty and the right to pursue an occupation.
Community Impact and Support
Souder’s students and their families have rallied behind her, emphasizing the personalized, accessible nature of her instruction. Unlike crowded public facilities, her backyard setting allowed for individualized attention and a calm environment—particularly beneficial for children with sensory sensitivities or mobility challenges.
Neighbors who supported her business have noted that her operation caused no lasting disruption and that she went above and beyond to minimize any impact on the surrounding area.
What’s Next for the Case?
As of now, the lawsuit is pending in state court. If unresolved, it could escalate to the South Carolina Supreme Court, which would need to determine whether the city’s actions constitute an overreach of zoning authority or a legitimate enforcement of land-use regulations.
The outcome could set a precedent for how municipalities across South Carolina handle home-based businesses, particularly those involving instruction, childcare, or other services traditionally conducted in residential settings.
Key Takeaways
- Libby Souder operated a licensed backyard swim lesson business in Columbia, SC, for six years before a neighbor’s complaint led to license denial.
- The city cited a revised interpretation of zoning laws, despite Souder’s compliance and efforts to mitigate noise and traffic.
- Her students included children with disabilities, many of whom found her private lessons more accessible than public alternatives.
- Souder is suing the city with support from the Institute for Justice, claiming violations of her property rights and right to earn a living.
- The case may proceed to the South Carolina Supreme Court, with potential implications for home-based businesses statewide.
Frequently Asked Questions
- How long did Libby Souder teach swim lessons in her backyard?
She taught from 2018 until March 2024—six years of continuous operation with annual license renewals. - What prompted the city to deny her license renewal?
A new neighbor complained about noise and traffic, leading the city to assert that her business violated zoning laws under a new interpretation. - Did Souder take steps to address neighborhood concerns?
Yes, she installed a second driveway to prevent street parking and built a fence to help absorb sound from pool activities. - Is this case only about swim lessons?
No—it raises broader questions about the rights of homeowners to run legal home-based businesses without arbitrary interference. - Where can I identify updates on the lawsuit?
Follow coverage from local news outlets like The Post and Courier or announcements from the Institute for Justice.