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[TN]

one for the freedom riders.


TN
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Court rules Myrtle Beach helmet law unconstitutional


Posted: Jun 08, 2010 10:01 AM Tuesday, June 8, 2010 10:01 AM EST Updated: Jun 08, 2010 11:09 AM Tuesday, June 8, 2010 11:09 AM EST


COLUMBIA, SC (WMBF) -  The South Carolina Supreme Court has ruled that Myrtle Beach's law requiring motorcyclists to wear a helmet is unconstitutional.

The lawsuit was filed in April 2009 by Business Owners Organized to Save Tourism (BOOST) and Bart Viers after the city enacted the helmet law in 2008, requiring DOT-approved helmets for all riders in city limits. Under South Carolina law, anyone over the age of 21 is not required to wear a helmet.

The lawsuit argued the law, which required motorcycle riders to wear helmets in the city limits of Myrtle Beach, was unconstitutional because it preempted state law.

"Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance," the decision stated. "Riders opting not to wear helmets or eyewear in other areas of the state would be obliged to carry the equipment with them if they intended to pass through a city with a helmet ordinance."

The court added that local authorities might enact ordinances imposing additional and even conflicting equipment requirements, and such laws would unduly limit a citizen's freedom of movement throughout the state.

"We find that the City Helmet Ordinance fails under implied field preemption due to the need for statewide uniformity and therefore issue a declaratory judgment invalidating the ordinance," the judgement concluded.

[Fired00d]

That's good news, but not sure I'll attend another event there... the bitter taste is still there will take some time to swallow or it disappear. I think bikers will still be harassed one way or the other.

 
Ride Safe,
Fired00d
 

[49445CVO]

Good for them. Maybe there bike week will be back for 2011.

[OhioDave]

That's good news, but not sure I'll attend another event there... the bitter taste is still there will take some time to swallow or it disappear. I think bikers will still be harassed one way or the other.

 
Ride Safe,
Fired00d
 

concur

[grc]

The part that's really ridiculous is it took the state Supreme's to figure this out.  Any half-wit city council attorney would know that a locality can't enact laws that preempt those of the state or the Fed's.  I've seen some localities also trying to create motorcycle specific noise ordinances, and I assume they will all achieve the same fate once someone files suit.  It's a real shame that we have lawmakers who have no clue about the law of the land, state constitutions, or heaven help us the Federal Constitution. 


Jerry

[Screamin]

First off it is great news that the court ruled correctly. In these days we've seen some lulus regarding court decisions - at even the highest level. Second, it's a damn shame that M. B. went this route and like said above, the bitter pill will not easily dissolve and go away. And lastly, KUDOS to THOSE THAT WERE WILLING TO STEP UP AND FIGHT this crap.

[bigjohn]

I never missed the spring run there, until they decided my money wasnt good enough. That had to be the worst buisness decision they ever made. I saw they were asking for money from the govt to help their city. Screw them, in ten years going there I never saw anything that was so terrible that wasnt probably done everyweekend. I get promo from the resort I stayed at offering unbelievable deals...............thats just to bad, i always liked that trip.

[bknerr]

believe the mayor and cronies knew the law would be overturned, but it would take a year or so. it would still give them time to harass the bikers
into leaving the town of myrtle. not great riding there, but i still like the place. with rt.31 you can get anywhere and avoid the town limits. can`t believe they shot themselves in the foot like that.