Myrtle Beach helmet law goes to S.C. Supreme Court
One of four lawsuits that have been filed against the City of Myrtle Beach is set to be heard by the South Carolina Supreme Court, provided that they accept the case. The South Carolina Constitution has a provision that the Court has held in several cases prohibits local municipalities from criminalizing conduct which is not already criminal under state law, to achieve uniformity in the criminal laws across the state. South Carolina does not require motorcyclists to wear a helmet if they are over the age of 21, which means that Myrtle Beach does not have the authority to criminalize riding without a helmet for those over the age of 21.
Another constitutional issue was the formation of a new administrative court to hear the violations, which would have created a new "tier" of courts not authorized by our State Constitution. Myrtle Beach has sidestepped this issue by scrapping the administrative court idea and sending the tickets to the municipal court instead.
BOOST attorney Thad Viers, who also represents the area in the state legislature, said in the release that he and the group are pleased the city agreed to go straight to the Supreme Court, because it will save taxpayer money. He also said he hopes it will lead to a swift resolution.The business owners' group said it thinks the city has broken the law by requiring motorcycle riders to wear helmets when the state does not, at least for those 21 and older.
The city passed a series of ordinances and amendments last fall, including the helmet rule, that will affect those heading into town this month for the Harley-Davidson Spring Cruising the Coast Rally and the Atlantic Beach Bikefest. In years past, those rallies have drawn an estimated 500,000 people to the Grand Strand.
Hotel owners report that Hotel reservations in the city are down (note that many bikers who are coming to the rally have vowed not to spend a dime in the City of Myrtle Beach). Vendors are setting up at Suck Bang and Blow south of Myrtle Beach and at Barefoot Landing in North Myrtle Beach.
Comments
Thank You .. Its About time.
Posted by: Randall & Dianne Dunn | March 10, 2010 6:43 PM
they put up signs saying when to put a helmit on they should have signs sayin when they can come off on the other side
Posted by: mark pederson | March 24, 2010 8:02 PM
Hopefully the SCSCT will end this once and for all, soon. Just waiting for a decision.
Posted by: BFrederick | March 24, 2010 9:30 PM
this kinda reminds me of the democrats trying to take a few idiots in the tea party and implying everybody acts like idiots i think the city is the idiot doing anything to hurt business from coming into town.I think the city is letting a few import residents set the rules for them bike weeks have gone on for many years if you dont like them why did you move to myrtle beach go back where you came from where everything was great and you apparently didnt have mean lewd noisy bikers to deal with which is a big excuse.
Posted by: rick | April 20, 2010 12:32 AM
There are signs saying helmets are required but there are is nowhere for riders to pull over to unpack and put on helmets. Stopping at the sign, pulling off the highway where there is no shoulder to put on a helmet is an unsafe maneuver, multiply that by the number of people attending the rally and it is a prescription for disaster. Myrtle Beach has created not only an unwelcome but an unsafe environment for bikers.
Posted by: Vince Amacher | May 7, 2010 9:05 AM