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Post by freebird on Dec 3, 2008 16:54:46 GMT -6
At today’s hearing in Horry County SC, a state judge, who indicated that there were problems with the two Myrtle Beach ordinances in question, denied a request to issue a temporary injunction against the City of Myrtle Beach which would have prevented the city from enforcing the ordinances. However, the motion to declare the ordinances unconstitutional and in violation of South Carolina State law still moves forward.
The ordinances in question would require helmets for motorcyclists within the city of Myrtle Beach and would put into place much stricter exhaust requirements than those currently in place under South Carolina State Code. The court was of the opinion that, despite any problems with the ordinances, the harm of allowing the ordinances to stay in effect until the matter could be decided by a court was small given that under South Carolina State Law all ordinances are presumed to be lawful until proven otherwise.
The motion to declare the ordinances unconstitutional and in violation of South Carolina State law, which has been filed by Tom McGrath, is still moving through the system and today’s ruling has no effect on the ultimate outcome of the motion itself.
If you have any questions about this motion you may call Tom McGrath at Tom McGrath’s Motorcycle Law Group (1-800-321-8968). You may also email tom at tom@tommcgrathlaw.com.
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Post by freebird on Dec 3, 2008 17:02:43 GMT -6
I attended the hearing and The Judge seemed to have some problems with these two ordinances. He seemed to chastise the City Attorney on several points and suggested this will be solved in the Supreme Court. The City Attorney said these laws will apply to all vehicles when asked by the judge. She also said some tweaking was in order when challenged by the judge. Two things she said would be done when she gets back are the decibels being raised to 89 and the fine being dropped from $100.00 to $25.00. All in all these court cases are having an effect as is The Boycott.
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Post by classic53 on Dec 24, 2008 4:40:25 GMT -6
Well, it looks like the second injunction didn't fly. The judge gave the same reasons as the first judge. More investigation is needed. Mayeb this stems from the "city" delaying the enforcement of the new ordinances. As far as I am concerned though, the "city" of Myrtle Beach is dead! Let them install their "boardwalk". Their crime will keep people from utilizing it, if there are any businesses left after they hike the taxes to pay for it.
Oops, her I go again! I better stop now.
Merry Christmas to all and a Happy New Year. If you all are planning a "polar bear" ride, ride safe.
Keith and Carol in Pa. 07 FLHTC rider
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Post by Pat on Dec 24, 2008 14:47:35 GMT -6
I attended the hearing and The Judge seemed to have some problems with these two ordinances. He seemed to chastise the City Attorney on several points and suggested this will be solved in the Supreme Court. The City Attorney said these laws will apply to all vehicles when asked by the judge. She also said some tweaking was in order when challenged by the judge. Two things she said would be done when she gets back are the decibels being raised to 89 and the fine being dropped from $100.00 to $25.00. All in all these court cases are having an effect as is The Boycott. Interesting that they tell the court they will be dropping the fine to $25 and then a week later set all the administrative fines at $100. I'm gonna have to go and lookup the definition of perjury again, just to be sure I have it straight, because the City Attorney does not seem to know.
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Post by freebird on Dec 25, 2008 13:37:02 GMT -6
Hee Hee The Bro is BACK... Dats right.............
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