South Carolina Criminal Defense Blog

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.