Post by freebird on Oct 22, 2009 13:00:45 GMT -6
As we at ibiker said in the beginning if we allow this here it will spread. After seeing this unfold I doubt another town will try this crap anytime soon. Unless that is the local politicians wish to have the type of attention MB is getting.
From the Law Office of Tom McGrath..
Why Motorcyclists Everywhere Should Be Watching Myrtle Beach
Lately it seems that wherever I go people want to know what is happening in Myrtle Beach South Carolina. Some are concerned, others are curious, and many are angry. It seems that motorcyclists everywhere have been watching what is going on there. However, I have also met those who don’t really care. They don’t go to Myrtle Beach and therefore could not care less about what happens there. They often ask, “Since I can go elsewhere, why should I care what Myrtle Beach does?” That is a valid question which deserves an answer. However, before I do that let’s have a brief re-cap of what has gone on in Myrtle Beach to date.
Last year the city fathers and mothers decided that they no longer wanted the yearly bike rallies in their city. Not only that, they did not want them in other cities either. So what did they do? Did they contact the chief of police and ask him to strictly enforce all state and city statutes and ordinances? No they did not. They decided to pass new ordinances aimed at motorcyclists. They passed a new noise ordinance which allows for confiscation of the operators motorcycle until the offending exhaust is repaired or replaced. They instituted a city wide helmet law even though the state legislature has already decided that motorcyclists age 21 and over can decide for themselves whether or not to wear a helmet. They have even mandated the type of helmet to be worn and it is different than the type the State has mandated for riders under the age of 21. On top of that, they created their own court system to hear many of these violations. Keep in mind that the creation of courts is
a state not local responsibility and power.
Upon seeing what was going on, our firm immediately challenged the new ordinances. We challenged them as being in violation of South Carolina State law and as being unconstitutional. Before we had a chance to argue these matters the South Carolina State Supreme Court spoke on the creation of special courts. In a memo to localities the Chief Justice of the Supreme Court stated that the creation of such courts was repugnant to state law and that such courts were unconstitutional. That took part of our argument away.
As for the helmet and other ordinances, the fate of those is yet to be determined. In February of this year, numerous motorcyclists and freedom lovers converged at Murrells Inlet South Carolina to stage a protest ride. They willingly rode helmet free into the City of Myrtle Beach. Forty-nine received tickets. We are representing those who were ticketed and the Supreme Court has agreed to take original jurisdiction over them to determine whether or not the ordinances are legal. That means that we do not have to argue these cases in lower court. The Supreme Court of South Carolina will take these cases without the need for an appeal. We are currently awaiting a hearing date.
That brings us back to the original question. Why should motorcyclists everywhere be concerned about what is going on in Myrtle Beach South Carolina? The answer is that if it can happen there it can happen here, wherever here may be. It can happen in Raleigh North Carolina or Richmond Virginia. It can happen in Kitty Hawk North Carolina, Sumter South Carolina, Hillsville Virginia or any other place where an elected few have problems with motorcycles and/or motorcyclists.
“So what” you may say, “I wear a helmet”, or “my state requires helmets so this does not pertain to me”. Wrong! What’s going on in Myrtle Beach does not have a thing to do with helmets or exhausts. It has to do with due process and the rule of law. It has to do with elected officials exceeding their authority in order to impose their own personal values on others. It also has to do with right and wrong. If we as motorcyclists stand by and allow this to happen what will happen when the parking garage that we park in decides that motorcycles are no longer allowed there? What will happen when your homeowners association decides that motorcycles are loud so no one may park a motorcycle in the neighborhood anymore? What will happen when three different localities in your area pass individual noise ordinances which are each different from the other? Which are you going to comply with? If we as motorcyclists allow our rights to be infringed upon anywhere we allow our rights to be in
fringed upon everywhere.
I know that to many this seems to be overly dramatic. Some may say “Danielson, aren’t you getting a little carried away?” I can promise you that I am not. Elected officials are not particularly original. When they perceive a problem they look to see what is happening in other localities and states. If something works in one state another state will borrow it. If it works in one city another city will borrow it. There are localities around the country watching what is happening in Myrtle Beach South Carolina with an eye towards bringing it to their hometown. That should concern all of us.
In the end I am confident that we will prevail in Myrtle Beach. I am just as confident that this problem will arise in other places. Likewise I am just as confident that as there were motorcyclists to stand up against it in Myrtle Beach there will be dedicated motorcyclists to stand up against it when it happens elsewhere. I would urge all to keep a close watch over those whom you elect to make sure that they are representing you and your views. At the same time watch out for what other peoples elected officials are doing because your elected officials are doing just that.
If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist please contact me at 1-800-321-8968 or at matt@tommcgrathlaw.com
Matt Danielson
Tom McGrath’s Motorcycle Law Group
From the Law Office of Tom McGrath..
Why Motorcyclists Everywhere Should Be Watching Myrtle Beach
Lately it seems that wherever I go people want to know what is happening in Myrtle Beach South Carolina. Some are concerned, others are curious, and many are angry. It seems that motorcyclists everywhere have been watching what is going on there. However, I have also met those who don’t really care. They don’t go to Myrtle Beach and therefore could not care less about what happens there. They often ask, “Since I can go elsewhere, why should I care what Myrtle Beach does?” That is a valid question which deserves an answer. However, before I do that let’s have a brief re-cap of what has gone on in Myrtle Beach to date.
Last year the city fathers and mothers decided that they no longer wanted the yearly bike rallies in their city. Not only that, they did not want them in other cities either. So what did they do? Did they contact the chief of police and ask him to strictly enforce all state and city statutes and ordinances? No they did not. They decided to pass new ordinances aimed at motorcyclists. They passed a new noise ordinance which allows for confiscation of the operators motorcycle until the offending exhaust is repaired or replaced. They instituted a city wide helmet law even though the state legislature has already decided that motorcyclists age 21 and over can decide for themselves whether or not to wear a helmet. They have even mandated the type of helmet to be worn and it is different than the type the State has mandated for riders under the age of 21. On top of that, they created their own court system to hear many of these violations. Keep in mind that the creation of courts is
a state not local responsibility and power.
Upon seeing what was going on, our firm immediately challenged the new ordinances. We challenged them as being in violation of South Carolina State law and as being unconstitutional. Before we had a chance to argue these matters the South Carolina State Supreme Court spoke on the creation of special courts. In a memo to localities the Chief Justice of the Supreme Court stated that the creation of such courts was repugnant to state law and that such courts were unconstitutional. That took part of our argument away.
As for the helmet and other ordinances, the fate of those is yet to be determined. In February of this year, numerous motorcyclists and freedom lovers converged at Murrells Inlet South Carolina to stage a protest ride. They willingly rode helmet free into the City of Myrtle Beach. Forty-nine received tickets. We are representing those who were ticketed and the Supreme Court has agreed to take original jurisdiction over them to determine whether or not the ordinances are legal. That means that we do not have to argue these cases in lower court. The Supreme Court of South Carolina will take these cases without the need for an appeal. We are currently awaiting a hearing date.
That brings us back to the original question. Why should motorcyclists everywhere be concerned about what is going on in Myrtle Beach South Carolina? The answer is that if it can happen there it can happen here, wherever here may be. It can happen in Raleigh North Carolina or Richmond Virginia. It can happen in Kitty Hawk North Carolina, Sumter South Carolina, Hillsville Virginia or any other place where an elected few have problems with motorcycles and/or motorcyclists.
“So what” you may say, “I wear a helmet”, or “my state requires helmets so this does not pertain to me”. Wrong! What’s going on in Myrtle Beach does not have a thing to do with helmets or exhausts. It has to do with due process and the rule of law. It has to do with elected officials exceeding their authority in order to impose their own personal values on others. It also has to do with right and wrong. If we as motorcyclists stand by and allow this to happen what will happen when the parking garage that we park in decides that motorcycles are no longer allowed there? What will happen when your homeowners association decides that motorcycles are loud so no one may park a motorcycle in the neighborhood anymore? What will happen when three different localities in your area pass individual noise ordinances which are each different from the other? Which are you going to comply with? If we as motorcyclists allow our rights to be infringed upon anywhere we allow our rights to be in
fringed upon everywhere.
I know that to many this seems to be overly dramatic. Some may say “Danielson, aren’t you getting a little carried away?” I can promise you that I am not. Elected officials are not particularly original. When they perceive a problem they look to see what is happening in other localities and states. If something works in one state another state will borrow it. If it works in one city another city will borrow it. There are localities around the country watching what is happening in Myrtle Beach South Carolina with an eye towards bringing it to their hometown. That should concern all of us.
In the end I am confident that we will prevail in Myrtle Beach. I am just as confident that this problem will arise in other places. Likewise I am just as confident that as there were motorcyclists to stand up against it in Myrtle Beach there will be dedicated motorcyclists to stand up against it when it happens elsewhere. I would urge all to keep a close watch over those whom you elect to make sure that they are representing you and your views. At the same time watch out for what other peoples elected officials are doing because your elected officials are doing just that.
If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist please contact me at 1-800-321-8968 or at matt@tommcgrathlaw.com
Matt Danielson
Tom McGrath’s Motorcycle Law Group