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South Carolina Strikes Down Helmet Law for Myrtle Beach

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June 10, 2010

FOR IMMEDIATE RELEASE

Contact: James Holter

Phone: (614) 856-1900, ext. 1280

E-mail: jholter@ama-cycle.org

South Carolina Supreme Court strikes down Myrtle Beach helmet law

PICKERINGTON, Ohio -- In a victory against motorcycle discrimination, the South Carolina Supreme Court has struck down a Myrtle Beach, S.C., law that required riders to wear helmets within the city limits, the American Motorcyclist Association (AMA) reports. The measure was one of more than a dozen designed to keep motorcyclists out of Myrtle Beach.

The city passed the law in 2008 despite a state law that allows motorcyclists 21 or older to choose to ride with or without a helmet. The City Council had passed 15 laws and amendments at that time targeting motorcyclists who attended week-long bike rallies in the Myrtle Beach area, ranging from the helmet requirement to a ban on loitering in parking lots, in an attempt to keep riders out of the city.

The state supreme court, in a decision issued on June 8, said the Myrtle Beach helmet ordinance was pre-empted by state law.

"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," the high court ruled.

"It is regrettable that the city of Myrtle Beach felt the need to alienate motorcyclists with the law, especially since motorcyclists had supported businesses in Myrtle Beach for years during rallies," said Ed Moreland, AMA senior vice president for government relations. "But we're pleased that the South Carolina Supreme Court struck down the Myrtle Beach law, sending a clear message to all jurisdictions that discriminatory laws against motorcyclists are unacceptable."

The high court issued the ruling in response to a lawsuit filed on behalf of about 50 riders who were ticketed for riding without helmets shortly after the new law went into effect.

To read the opinion, visit http://www.judicial.state.sc.us/opinions/d...fm?caseNo=26825.

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good, i hate adult helmet laws...while helmets are the best thing we can do to protect ourselves, i dont like politicians tell me that i HAVE to wear one...

i worked in tucson az. for a couple of months and when riding my harley around the area i rode without a helmet the whole time, yes i know--stupid--- but i actually really enjoyed it. my hearing was much better and i didnt get that ringing ear thing you get with a half helmet, or that dead dull hearing you have with a full face helmet. even an open face helemt, i have all 3 styles, give alot of wind buffeting noise in my ears, riding without a helmet does not give me any of these.

i also felt i had a very wide open field of vision and a better awareness of my surroundings.

I AM IN NO WAY ADVOCATING NOT WEARING A HELMET FOR ANYONE ELSE.................................................................

but personally i would choose to go helemtless at times if there were no helmet law, especially if i were riding some kind of cruiser bike and just putting around back roads... :lol:

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I was in Chandler one time for a race (spectating, ya smartasses) and it was 110 in the shade... it was a couple of miles to the track... I could NOT put a helmet on my head.

That was one of the few times I've ridden without a helmet... it was much cooler, and I enjoyed the breeze... I'd just never want to enjoy the breeze directly on my brain, thanks... I'll keep wearing the helmet, and keep cursing the law that says I HAVE TO

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I removed my helmet on the street in the Utah (?) desert many years ago. Jacket, too.

Couldn't stand it.

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im fairly useless too society and am very well covered with life insurance, soooo ventilated brain, while not my first choice, wouldnt be that bad :lol: not much to hurt in there anyway.

ididnt finish the story of arizona...i hit a coyote on my harley at 100+ on a back road at just past dusk wearing nothing but jeans and a t-shirt, leather jacket and gloves strapped on the back.

lost a good bit of skin on my hands, elbows, knee and hip and a big silver dollar sized bald rasberry on the back of my head....after putting a new clutch side case cover on to fix the ground off one with a huge hole in it. i was back riding in a week and a half.....yes helmetless....never said i was bright.

told yoju guys i have alot of great camp fire stories :lol::o

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