|
Post by bikergal on Jun 8, 2010 8:10:35 GMT -6
NO MORE HELMETS!!!
|
|
|
Post by ghostwars on Jun 8, 2010 8:16:50 GMT -6
|
|
|
Post by train on Jun 8, 2010 8:25:46 GMT -6
Now we need ride on city of mb without helmets just because.....lol...
|
|
|
Post by rangemaster on Jun 8, 2010 8:28:08 GMT -6
Here's the DIRECT SC Supreme Court website link to the decision/opinion:
www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26825
Some selected quotes from it:
"JUDGMENT FOR PETITIONERS"
"...As noted above, the City initially sought to enforce the Motorcycle Ordinances, including the Helmet Ordinance, in an administrative hearing tribunal, but later repealed the ordinance establishing the system. Petitioners contend the City's enactment of the ordinance repealing the administrative hearing system caused the entire Motorcycle Ordinance scheme to fail. We agree...."
"CONCLUSION 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. Moreover, we hold that certain Motorcycle Ordinances were impliedly repealed by the ordinance repealing the administrative hearing system..." NOTE: Interestingly, I had been told by a state attorney that there was some debate among the court panel of how to refer to the helmet law - and the tern "SCHEME" reached CONSENSUS among ALL panel members (including Justice Hearn)...
|
|
rick
Junior Member
Posts: 39
|
Post by rick on Jun 8, 2010 8:30:52 GMT -6
Already took a ride down the boulevard this morning without the helmet. Oddly enough, I didn't see the first police officer. LOL
|
|
|
Post by General_Malaise on Jun 8, 2010 8:52:05 GMT -6
The conclusion of the lawsuit states, “We find 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. Moreover, we hold that certain Motorcycle Ordinances were impliedly repealed by the ordinance repealing the administrative hearing system.”
I take it that "impliedly repealed" refers to other of the "Anti Biker" laws. So it would seem that the noise and public gathering, ordinances etc etc from this "Unholy Package" based on the prejudices of those in power in Myrtle Beach are invalidated as well. Based on the fact that the Kangaroo Court that was to have enforced them was much earlier disposed of by the Supreme Court Justices.
If nothing else comes of this, at least local rider's rights have been restored.
|
|
|
Post by bikergal on Jun 8, 2010 9:08:38 GMT -6
Yeah, I wondered about some of the other ordinances. It says "certain" motorcycle ordinances, so does that mean all or some?
I'm sure we will hear by the 6:00 news.
VICTORY!
|
|
|
Post by rangemaster on Jun 8, 2010 10:07:10 GMT -6
Yeah, I wondered about some of the other ordinances. It says "certain" motorcycle ordinances, so does that mean all or some?... By (Myrtle Beach City Attorney) Tom Ellenberg's OWN admission, the following FOUR ordinances appear to be invalid under this ruling: 2008-62 | An ordinance to prohibit the possession or consumption of liquor, beer, ale, porter and/or wine in the parking lots abutting certain public rights of way; the violation of which is an administrative infraction.
2008-63 | An ordinance to prohibit the destructive use of the landscaping areas required by zoning law, and to prohibit public nuisance uses of parking areas; the violation of which is an administrative infraction.
2008-64 | An ordinance to require safety helmets and protective eye wear while on a motorcycle; the violation of which is an administrative infraction.
2008-66 | An ordinance to require security measures at convenience businesses; the violation of which is an administrative infraction. This means at least FIVE of the fifteen "new" ordinances the City of Myrtle Beach passed are no longer valid - which will be scrutinized and cited for anticipated civil action AGAINST the city (and they KNOW it). More to follow...
|
|
|
Post by ghostwars on Jun 8, 2010 11:03:25 GMT -6
|
|
|
Post by rangemaster on Jun 8, 2010 11:29:12 GMT -6
And you didn't/don't/won't see ANY of that - or anything LIKE that - (ESPECIALLY in the public) during a HARLEY RALLY in Myrtle Beach...
|
|
woody
Junior Member
Posts: 30
|
Post by woody on Jun 10, 2010 14:37:04 GMT -6
Thats great on the overturned helmet law! Hopefully they will not turn their attention to writing loud exhaust tickets now. I could see the mayor holding a grudge. Also where does this leave the boycott? Is it still on or will it loosen up and we should go only to 100% biker friendly places? Just curious how others feel.
|
|
|
Post by hdgoddess on Jun 10, 2010 16:58:35 GMT -6
Thats great on the overturned helmet law! Hopefully they will not turn their attention to writing loud exhaust tickets now. I could see the mayor holding a grudge. Also where does this leave the boycott? Is it still on or will it loosen up and we should go only to 100% biker friendly places? Just curious how others feel. I've always said go to the biker friendly business you know.
|
|
|
Post by ovation on Jun 10, 2010 18:29:25 GMT -6
As for ME, I say, continue the boycott until,
A. The Little Mayor and CC admit they were wrong, apologize and INVITE the bikers back. (And you know that ain't happing)
2. The little Mayor and CC leave office for any reason before or after the upcoming elections.
C. New MB officials are put in office, apologize for what (The little mayor and CC did) and invites the Harley bikers back.
As for going to biker friendly places, I'll bet a $100.00 bucks that if ask, every business in the city of Myrtle Beach will say their biker friendly and have been from DAY ONE. I say, they all sat on the fence to long waiting to see which way the wind was blowing, and now they can all kiss my AZZ.
And those are my conditions before "I" will ever spend ONE PENNY in The City of Myrtle Beach SC
And BTW, me and my crew come the HD spring rally every year
|
|
woody
Junior Member
Posts: 30
|
Post by woody on Jun 10, 2010 19:13:46 GMT -6
I guess if the voters of MB elected the mayor to speak for them and he says he doesn't want vacationers that visit his city on two wheels. Then I will keep giving him what he wants until he is replaced with someone that is more open minded. Funny that every local I talked to outside of the city thanked me for being there in May for bike week and invited us back next year.
|
|
|
Post by freebird on Jun 10, 2010 19:43:41 GMT -6
I guess if the voters of MB elected the mayor to speak for them and he says he doesn't want vacationers that visit his city on two wheels. Then I will keep giving him what he wants until he is replaced with someone that is more open minded. Funny that every local I talked to outside of the city thanked me for being there in May for bike week and invited us back next year. I have a tendency to agree with you. The voters of MB sent a clear message with their vote which I said in the beginning I would see how they vote and react accordingly. I have for the most part replaced all the businesses that I used with a City Address and have no desire for the cement monuments to mans needs for these things. So I ride through and spend nothing most days but would not rule that out. Will prolly eat at some resturants in the City like Rioz and see how I am treated. Everyone should do what they feel is best. We have made our point and I say lets move on. For me that is a end of the day ride down Ocean at a slo mo 25mph cheezin all the way bap bap bap bap bap bap bapapapbap. Gotta Luv it. The Sky is Blue, The Beer is Cold, The Tea is Sweet, and the Chicks are Hot....... ;D ;D
|
|