Three lawsuits filed to declare Myrtle Beach's bike rally ordinances unconstitutional
So far, three lawsuits have been filed asking for declaratory judgments that Myrtle Beach's new ordinances aimed at bikers are unconstitutional, and asking for injunctions against their enforcement. The first was filed in state court on behalf of two local residents and motorcyclists, challenging the helmet and noise ordinances as exceeding the requirements of state helmet and noise laws.
Husband and wife William and Carol O'Day of Myrtle Beach claim in their lawsuit that mandating all motorcyclists to wear helmets and protective eyewear conflicts with state law, which requires only those under age 21 wear them. It also claims specifying that mufflers be no louder than 87 decibels while idling exceeds state law, which says, more generally, that mufflers must prevent excessive noise and annoying smoke.The rules require the O'Days to ``purchase and use equipment not mandated by state law in order to enjoy the recreational use of their Kawasaki motorcycle within the city limits,'' reads the lawsuit, filed Monday.
The second suit was filed in federal court on behalf of local business owners:
Coe said she intends to file her lawsuit Monday morning in federal court in Florence and ask a judge to issue a temporary restraining order to prevent enforcement of the city's noise-ordinance amendment, the nui- sance-law amendment and the new ordinance that restricts people from using Myrtle Beach as the focus when advertising unpermitted events such as the bike rallies."It's a First Amendment issue," Coe said Friday. "People are afraid to speak, to advertise or hold events for fear they will be charged with crimes."
Myrtle Beach Harley Davidson has apparently filed a third suit in federal court as well. Not all residents are against the bike rallys, and many businesses recognize the huge economic impact that the rallys have on the Myrtle Beach area.
Don Emery, owner of The Dog House Bar & Grill, says he doesn't understand why the city wants to damage rallies that bring a lot of money into town. Emery and other Myrtle Beach business owners filed a lawsuit against the city calling three ordinances against noise and nuisance unconstitutional."It's perception that the city doesn't want bikers," says Emery. "That's just not true. The city council may not want the bikers, but the businesses do, the employers do, and we're happy to have them here."
I've heard some people say in protest of the new ordinances, "I just won't come to Myrtle Beach, I won't spend my money there." Please - if this is what you are thinking then you are giving city council exactly what they wanted. You lose. They win. If these ordinances piss you off, come to Myrtle Beach loud as you want and do not let them push an entire group of people out and destroy a Myrtle Beach tradition with these types of tactics. The city knew when it passed these ordinances that they were not constitutional and there were going to be problems.
Mike Wright, from Maryland, says he thinks the new laws should prompt every biker in the country to head to Myrtle Beach."Every biker. And bring their helmets, and obey their laws, and crush this place. Crush it. Just to make a point. You're not going to mess with our right to lawfully have a good time."
The Courts will have the final word, but these laws are full of issues that were foreseeable. Any local ordinance prohibiting conduct that is not prohibited under state law is unconstitutional. Commercial speech is protected speech under the First Amendment. And the city cannot deny that its intent was to target the May bike rallys, as this has been their stated purpose from the beginning and they have not tried to hide it.
Comments
Most of the citizens of Myrtle Beacha are against the ordinances. Either they depend on the tourists for their income, they ARE bikers themselves (or enjoy the rally festivities as non-bikers), or just dont believe in telling a law abiding group that they can't come to the beach. The idea of boycotting isn't the way to go--all bikers should show up in force, fill Myrtle Beach, and show Rhodes that you can't be pushed around. THAT'S what we as citizens of Myrtle Beach would like to see.
Posted by: Anita | October 21, 2008 1:21 PM
I agree that EVERY biker should come to MB in protest of the new laws BUT what about the fines ( according to another article on this issue, 119 citations were issued this year ) which, regardless of what City Council says, is purely another way to generate revenue from people who are there generating revenue for the city. More importantly, the laws read that the police have the right to impound the violating vehicle until all fines, towing and storage charges are paid AND the vehicle can be removed from the city limits without operating it in violation of the ordinance -- BULLSHIT ! Why on earth would I ride my bike to MB to spend my hard earned money there and then have to worry about the MB Gestapo impounding my bike ? I say, "Fuck MB. I'll spend my money elsewhere and hope that NO bikes show up for Bike Week 2009 and MB goes broke" -- KISS MY ASS MYRTLE BEACH !
Posted by: Joseph Calafactor | December 25, 2008 3:23 PM
I think all bickers should go to MB and keep the Police so busy given tickets for the BS unlawful laws that the city will be so overwhelm with over time from the PD (writing tickets going to court to defend the city) they just might see it cheaper to just let the bickers come and party also the City just make a buck our 2 on us the bikers that like going to MB to party. on the other hand the city will have to rise the taxes on all the local people to cover their losses from our not being there. Hay Mayor hate to tell you this in this day and age with money as tight is its you are going to lose money if you keep this event away from your city, and I hope the people of the fine city of MB get the massage when they are asking why you are rising taxes 100% to cover your loses this is happing all over the US in tourist towns like yours.
Posted by: Mike from PA | January 14, 2009 10:18 PM
What happened to being free? Myrtle Beach is becoming more like a damn dictatorship than part of a free country! Every member of the City's administration should be sued for infringing on the rights of Americans! Those lawsuits should start with the mayor (Dictator) himself! South Carolina should also have Myrtle Beach rescend their helmet law because it supercedes state law! All bikers should go to Myrtle Beach in the Spring and take up every parking spot in and around city hall as a show of force! They cant arrest or fine us us all if we are not breaking the law! Lets all show up in MB and show them that we are not going to take it!
Posted by: Eric from TN | January 15, 2009 3:33 PM
I came last year for the first time and had a blast, behaved myself and had no trouble from the cops or locals, or anybody for that matter. I spent around fifteen hundred for the time I was there....but you will no longer get my revenue with the short sighted people you've voted into office and therfore I will spend my money this summer in another state with the common sence not to cut off the hand that feeds you, you idiots!!!!! I hope you starve this summer.
Posted by: James Bass | March 26, 2009 2:09 AM
I think no one should show up at Myrtle Beach, to show them how much money the city will lose. I feel sorry for the business that support the bikers and look forward in seeing bikers come to their city. I hope they win the law suit, and if you want all the bikers to show up at Myrtle Beach to get a point across. It should be the date the local businesses go to court and the biker’s community shows their support then and speaks out. I all the local riders should sue the city for making that ordnance, because it conflict with them enjoying their self with a hobby they love. Then they would over work the court with all the law suits, that something have to change. Just my two cents about the matter.
Posted by: Howard | March 26, 2009 2:17 PM
At what point does the city intend make a choice that is going too cost them a bunch of money on the court system or see that this was a bad move on there part . Biz owners are going to lose a lot more . When is AMA going too jump in too this fight and protect the bike riders and bike biz owners rights . City can't preempted state law and with out DMV buying in too this also . So you get a ticket and take your bike too the Highway patrol and they pass you because you pass state law . Ticket goes in trash . tax payers dollars go in the same can .
Posted by: PAUL REES | March 28, 2009 12:45 PM
It's ashame...Look to what has happened at The Dragon's Tail in North Carolina...the Tenn. Highway Patrol has cracked down to the point that many of the business have dried up or up for sale because the bikers are looking for somewhere to go. Noone wants to be harrassed while out and enjoying their ride. A buddy recieved a $205.00 fine for going 5 mph over the rediciuouly low 30 mph speed limit. Its to bad that places are drying up because of narrow minded city and state officials.
Posted by: michael hoard | April 30, 2009 12:57 PM
I am a citizen of Myrtle Beach, I live and wait for each bike rally. Also I got a lot of friends among bikers. Shall I lose all those priceless things that make my life happy? No way!
Posted by: Abbey | Beach Cruisers | June 14, 2009 2:06 PM
mb sucks i am a law enforcement officer and i could never in good faith enforce the ordinances that they have passed. they will eventually learn from their mistakes and kiss ass to get bikes back just like daytona did a few yrs ago.
Posted by: david | July 13, 2009 3:36 PM
David, you should just take it easy and leave people some freedom. Being a police officer doesn’t mean that you are God to decide.
Posted by: La Palma Bail Bonds | July 23, 2009 5:01 PM
I think its sad that when bikers in town you can only use 1 lane of road causing back ups and then blaming bikers for the problem
Posted by: James | June 1, 2010 9:41 AM