A federal class-action lawsuit filed this week has raised the stakes regarding the protection of a sexual predator at an embattled South Carolina church by naming the Southern Baptist Convention (SBC) as a defendant.
The lawsuit also names the SBC’s Executive Committee, Pawleys Island Community Church, Pawleys Island Christian Academy and a registered sex offender who allegedly had extensive access to children there.
The suit was filed Tuesday in U.S. District Court for the District of South Carolina. It also names former senior pastor Don Williams, his wife Ginny Williams, former academy director Niki Howard, unnamed church elders and Warren Spence Perry, the registered sex offender.
It is the sixth civil lawsuit filed in the case and the first heard in federal court, according to WMBF-TV, Ch. 32, an NBC affiliate in Myrtle Beach, South Carolina.
The complaint was filed on behalf of a mother and father identified as John and Jane Doe and their minor child. It seeks class-action status and damages under the federal Class Action Fairness Act. Although only 18 people are named, the complaint alleges more than 100 people could belong to the proposed class.
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Perry, 70, pleaded guilty in 2023 to third-degree sexual exploitation of a minor and is a registered sex offender. The complaint alleges he held a volunteer, custodial or maintenance role at the church and academy for years. That role allegedly gave him daily, unrestricted access to children.
The lawsuit alleges church and academy leaders knew of Perry’s criminal history. It alleges they concealed that history from parents, teachers and authorities. It also alleges Williams personally provided a character reference to South Carolina probation officials on Perry’s behalf.
The complaint alleges a teacher raised concerns about Perry’s sex-offender status to leadership last month. Rather than act, the complaint alleges, defendants dismissed the concerns and forced out or silenced the teacher.
The lawsuit proposes two categories of plaintiff: children who attended the academy while Perry had campus access, and parents who paid tuition during that period. It does not seek damages for sexual abuse. Those claims remain reserved for individual plaintiffs to pursue separately.
The addition of the SBC to the lawsuit puts the organization’s $26-million budget into play as a resource for damages.
Six causes of action are listed in the complaint. They include negligence, negligent hiring and supervision, breach of fiduciary duty, fraudulent misrepresentation and a violation of the South Carolina Unfair Trade Practices Act.
The complaint adds, “This action does not require this Court to resolve any question of religious doctrine. It asks only that Defendants be held to the same secular principles of law governing the operation of childcare and educational facilities that apply to every other institution.”
Pawleys Island Community Church is a cooperating congregation of the South Carolina Baptist Convention, which is affiliated with the national SBC. The complaint argues that relationship creates legal liability for the national body.
The South Carolina Baptist Convention has said it has no authority over cooperating churches or their leaders but is merely assisting Pawleys Island Community Church at the church’s request.
“The Southern Baptist Convention does not comment on ongoing litigation. We will review it and respond appropriately,” Jeff Iorg, SBC Executive Committee president and CEO, said in a statement provided to Roys Report (RR).
The attorneys for the plaintiffs, William E. Hopkins, Jr. and J. Clay Hopkins of the Hopkins Law Firm in Pawleys Island, and Paul J. Doolittle of Poulin, Willey, Anastopoulo LLC in Charleston, South Carolina, did not respond to RR’s comment requests.
The federal lawsuit filing follows the arrests last month of Williams, Ginny Williams and Howard. All three resigned from their posts before being taken into custody. Perry also was arrested.
Williams and Howard face charges of obstruction of justice, criminal conspiracy and unlawfully placing a child at risk, according to arrest warrants. Ginny Williams and Perry face obstruction and conspiracy charges.
The Georgetown County Sheriff’s Office said its investigation began after a parent’s complaint in July. Investigators said Perry worked at the academy’s school and day care, which served about 300 students. He allegedly did not disclose that role to his probation agent.
South Carolina probation officials arrested Perry on July 14. They alleged he violated his supervision terms by entering areas frequented by children and repeatedly contacting minors.
No new sexual-abuse charge involving a child at the church or academy had been announced as of Monday. The complaint does not allege that Perry’s contact with children was sexual in nature.
The criminal investigation remains active, the sheriff’s office said.
Mark A. Kellner is a reporter based in Mesquite, Nevada. He most recently covered statewide elections for the New York Post and was for three years the Faith & Family Reporter for The Washington Times. Mark is a graduate of the University of the Cumberlands and also attended Boston University’s College of Communication.
