During the last 2 years a lot has been said and written in this Blog about the City Of Myrtle Beach trying to discourage motorcycle rallies in the City and around. For this purpose Myrtle Beach passed a number of ordinances and amendments dealing with rallies and motorcycles, one of them being the Helmet And Eyewear Ordinance. A group of individuals cited by the City Of Myrtle Beach police for not wearing the requisite helmet and/or eyewear while traversing the city filed lawsuit against the city, petitioning for having these ordinances declared invalid. The Supreme Court Of South Carolina heard both parties argument on February 3rd, 2010 and published its judgment today June 8, 2010.
To determine the validity of the local Myrtle Beach ordinances, the Court had to make 2 decisions. 1- did the local government have the power to enact the local ordinance, and if so 2- is the ordinance consistent with the constitution and general laws of this State.
Because State Laws already require all riders under age twenty-one to wear a protective helmet and utilize protective goggles or a face shield, the local Myrtle Beach Helmet And Eyewear Ordinance requiring all riders, regardless of age, to wear a helmet and eyewear is in contradiction with State Laws and declared invalid. In addition, it’s invalid because riders opting not to wear helmets or eyewear in other areas of the state would be obliged to carry the equipment with them if they intended to pass through a city with a helmet ordinance like Myrtle Beach. In contrast, local Myrtle Beach ordinances regarding parking of trailers on public streets or unlicensed private lots remain in effect.
Bikers, if you are above age of 21 you can again cross the city of Myrtle Beach without wearing a helmet. Full judgment by jumping (no helmet required) to State Of South Of Carolina In The Supreme Court. “Aakjer, et al v. City of Myrtle Beach” (thanks Rogue)