Myrtle Beach New Bike Rally Ordinances Challenged In Court

Attorney Alice Paylor who is representing Shank and Phil Schoonover, who owns Harley Davidson of Myrtle Beach argued their cases against the city of Myrtle Beach and answered questions from federal judge Perry Wooten for 3 hours on Thursday morning October 30. Shank’s attorney asked for an injunction against the city to prevent the enforcement of five of its new anti-bike rally ordinances. Her argument is that the city’s declaration of the May motorcycle rallies as a nuisance and the city’s ordinance that allows it to recover damages from anyone promoting a public nuisance are vague, unconstitutional and infringe on her clients’ first amendment rights. Attorney Mike Battle representing the city of Myrtle Beach argued that it is not known what effect the ordinances will have on businesses or the May motorcycle rallies, but the rallies impacts on the city and its residents are already well-documented. Battle said the court should allow the city to see how the ordinances work before making a decision to halt them. He said: “We’ve been struggling with these for ten years.” Judge Wooten said he will take the attorneys’ arguments into consideration, and try to come up with a decision in a reasonable amount of time, but he will not rush a decision.


24 Responses to “Myrtle Beach New Bike Rally Ordinances Challenged In Court”

  1. 1 Rodent Nov 1st, 2008 at 7:27 am

    forget myrtle beach and find a town that wants us…teach em a lesson..NO ON MYRTLE BEACH

  2. 2 Dan Nov 1st, 2008 at 8:08 am

    I hear thru the grapevine there is talk of moving the event to Homestead Fl.

  3. 3 Rodent Nov 1st, 2008 at 8:33 am

    Homestead could work or maybe that town that Hoda use to Hoot in somewhere in the Carolinas

  4. 4 Kephas Nov 1st, 2008 at 9:05 am

    The scariest part of this article is the Federal Judge. Let’s see if he actually judges the rule of law in the USA or, legislates the issue into some kind of compromise. Compromise does not exist on the Federal bench when it comes to the constitution and our rights as motorcyclists.

  5. 5 aft customs Nov 1st, 2008 at 12:45 pm

    This is like trying to throw a party in someones house who does’t like you.I don’t think it would be hard to find a community that would welcome the event with open arms for the revenue it would generate.Especially in the economic times we’re headed into.Sturgis & Daytona have become so greedy that attendance is dropping in those communities & spilling over into the surrounding areas.Even if the suit goes in the rallies favor the fees for everthing will go through the roof

  6. 6 Lugnut Nov 2nd, 2008 at 8:32 pm

    Lets take it right up the road to the Outer Banks. I am not all that interested in trying to teach the so-called leadeship of Myrtle Beach a lesson. They have already proven they are to resistant to knowledge to ever hope they will learn. The voters in Myrtle Beach will scorch their ass come election time when the unemployment rate their is twice the national average. It is almost too unbleievable to be true. A tourist town decides to chase off 500,000 tourist in the middle of one of the biggest recessions in decades. If their were a law against stupidity, the leadership of Myrtle Beach would easily be convicted and get life with no possibility of parole.

    Lets help a small town out, or at least a smaller one than Myrtle Beach.

  7. 7 Dyno Dave Nov 3rd, 2008 at 2:49 pm

    Hey guys we all need to cool our jets for a minute, you’re all missing the point. The powers that be tried to stop the Black Bike Week because of the increase in crime, abuse, and vandalism. This was pushed through by the residents and business owners saying they would all be much safer and money ahead to band the Black Bike Week. So you must of missed it when Jesse, and the NAACP crawled up their tight white asses and made it very clear that this is racist and cannot happen. So Myrtle beach realized they much stop all motorcycle events to get rid of the not white bike week. Hope this helps!

  8. 8 Mike Greenwald Nov 3rd, 2008 at 3:28 pm

    Dyno Dave,
    Is it any less racist or bigoted for the government to pursue any other group?
    Something about “race, creed or color” seems to come to mind.
    Would the government be amenable to putting all SUV or all minivan operators out? DO we make it just about fracturing an entire group of society because we can not be racist? Then make it a racist thing amongst motorcyclists? Race didn’t ruin the motorcycling thing in MB. Racism did it.

  9. 9 Jeff Nicklus Nov 3rd, 2008 at 4:12 pm

    Right on Mike !

    Over & Out,


  10. 10 Big Dummy Dave Nov 3rd, 2008 at 6:26 pm

    Forget the reasons why and except the fact that MB does not want bikers there any more. There are hundreds of new places to ride and see, go find them in May. MBBW has become nothing more than drunk bike week. A bunch of bikers that ride from bar to bar wiht no real excitement. You can do that at home and money.

  11. 11 Dyno Dave Nov 3rd, 2008 at 10:00 pm

    Don’t shoot the messenger.

  12. 12 Mike Greenwald Nov 3rd, 2008 at 10:01 pm

    Stay out of the cross hairs lest you catch one marked “to whom it may concern”

  13. 13 FRED PROCTOR Nov 4th, 2008 at 7:28 pm

    Well, I see the new Hard Rock Park filed and closed down in a little over 6 months. I wonder missing 100k bikers per year had anything to do with them leaving an empty lot for the Mrtyle beach Taxpayers to pay for now.

  14. 14 fuji Nov 5th, 2008 at 7:43 pm

    Mike : I don’t always see eye to eye with your views but you pinned it with this sentence.

    ” Race didn’t ruin the motorcycling thing in MB. Racism did it ”

    I”am surprised the rotted ” local pliticions ” bigots had not surfaced before now.

    MB has a great sewer system its main facility is very recognisable . It ‘s the biulding that says city hall.

    I just made a trip to Biketoberfest and made it a point not to spend one dime in Daytona city limits. let the bastards beg.

  15. 15 CREEPY Nov 10th, 2008 at 6:54 pm

    So the judge can take his TIME. That’s ok we all have TIME. After all it is a two year long BOYCOTT along with Mayhem. So we say go head and take your Time, Because right now the only ones being hurt are all the locals that get their bikes impounded, the businesses that are being Boycotted, and the Mayhem which I hear is in fully operating condition and is costing the tax payers most of their allocated budget, and May is not even here yet.. Lots of nuisance, pranks, and petty crime to go along with the rapid, continuously growing major crime, and all that is now. Just wait until tourist season comes back around. That is when Myrtle Beach will feel the real effects, and that is for two more years, regardless of what the governments decide. The tourist will have the final word.

  16. 16 Mike Greenwald Nov 11th, 2008 at 2:18 am

    Public forums to air rally issues

    Motorcycle rallies will be the topics of discussion during four public forums the city of North Myrtle Beach plans to hold to hear residents’ criticisms and ideas about the events.

    Here is a schedule of the forums that Mayor Marilyn Hatley and city council members will attend:

    Windy Hill/Barefoot Resort Forum, 6-8 p.m. Nov. 18, Premier Resorts, Mainsail Lobby C

    Crescent Beach Forum, 6-8 p.m. Nov. 25, J. Bryan Floyd Community Center

    Ocean Drive Forum, 6-8 p.m. Dec. 3, North Myrtle Beach City Hall

    Cherry Grove Beach Forum, 6-8 p.m. Dec. 9, Prince Resort, Ballroom C

    For information, call Nicole Aiello at 280-5612 or

  17. 17 dandy dave Dec 10th, 2008 at 11:12 am

    Concerning the bike rallies at Myrtle Beach. I recently viewed a site that documented the history of Myrtle beach from 1905 til 2005. The beach as it grew became a popular tourist attraction and as happens so often, people from all over began to move there calling it home or home away from home. The problem with this is, those folks begin to see that as theirs partly because they live there, pay taxes and vote on local issues as they should. However, the mindset becomes, this is ours and ours alone so don’t bother us, don’t make noise, don’t create traffic problems etc. Folks, Myrtle Beach belongs to everyone as should any tourist destination. If one has issues with noise, traffic, congestion and so forth then Myrtle beach for example is not where you should live. Many move or buy there for the amminities such as golf, beaches and so on. Well us bikers want and love to come there for our things but your government is saying we do not want you. I hardly think Disney would be outlawed due to traffic, noise, etc. and if it bothered you as a resident you should move on to a place more to your liking. Last year I spent $5000 in that area. Say goodbye to that. Until my bike is welcome, me and my wallet is gone.

  18. 18 john Jan 4th, 2009 at 11:27 pm

    if you people dont want our money and that seem what it is, there are other place that will take it. Im a rider and i love myrtle beach but for the last few years theres been a problem with us coming to your state, so even on vacations with my family im sure someplace else will gladly take my money!!!

  19. 19 Classic53 Jan 5th, 2009 at 12:32 pm

    Hey all,
    I hope everybody had a wonderful christmas and new year.
    My wife and I have been riding to myrtle beach for the past several years for the spring rally. Since I heard about the new ordinances, I became involved with some people who live down there in the area. These people keep me informed as to what is going on and to pass on all information. The injunctions have not been affective since the “city” keeps pushing back the date as to when they will become law. The lawsuits are still pending and everybody seems to think they (bikers) will win them. That would be a good thing.

    The reason that I am posting here is to get the word really out that if you plan on attending the rally, as my wife and I plan on doing, stay out of the “city”! Make your reservations elsewhere and ride around the city. Let them have their “city”. Do not spend a dime in the city! The new slogan for this is, “Not A Dime Until the End of Time”!

    If you want to stay up to date on what is happening there, visit It is a very informative site geared towards us.

  20. 20 big tim va Jan 11th, 2009 at 3:11 am

    Im a fellow biker from the hampton roads va. area and we travel to Myrtle Beach every Memorial Day weekend for the annual sportbike rally I also bring my family during my vacation and spend more money……THIS WILL BE MY LAST BIKE WEEK…….Maybe Myrtle beach will experience what the rest of the world is going through (recession) and realize that our money is very important to their coffers…..Bike weeks have been going on a lot longer than many of these residents have been living in Myrtle. Our money was fine while the city was growing now its not. FUCK ‘EM!

  21. 21 big tim va Jan 11th, 2009 at 3:20 am

    We stay at a resort where the minimum is four nights, so we spend at least $3000 in lodging alone….this doesnt include our trips to wal-mart, eating out, gas, clubbing, trips to redline(somethings gonna break)…we support the vendors as well as local businesses….maybe its time to check out Florida

  22. 22 John B Jan 13th, 2009 at 5:34 pm

    I have a question concerning some of the ordinances passed, is there a lawyer out there that can answer the following: does the city of Myrtle beach have juristiction over state or federal roads within the city? If not how can they enforce helmet, noise etc ordinances? I will continue to go to the spring rally and stay and hang out at Murrels Inlet The city of Myrtle beach isn’t that big and there are plenty of other great places to hang out at with great people that appreciate us bikers.

  1. 1 Myrtle Beach New Bike Rally Ordinances Challenged In Court Pingback on Nov 1st, 2008 at 12:39 am
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