Bikers v. City of Myrtle Beach, February 3, 2010
The 10am case is brought by business owners impacted by the City of Myrtle Beach ordinances to discourage and criminalize motorcycle events, including Myrtle Beach Bike Week, within city limits.
The 10:30 case is bikers with helmet tickets versus the City of Myrtle Beach.
http://www.judicial.state.sc.us/calendar/dspSupEvents.cfm?Day=2010-02-03
SUPREME COURT
Hearing Time: 10:00 a.m.
Case Title: BOOST, a/k/a Business Owners Organized to Save Tourism, and Bart Viers, Petitioners, v. City of Myrtle Beach, Respondent.
Attorneys: Thaddaeus Viers, of Coastal Law, LLC, of Myrtle Beach, and J. Todd Kincannon, of Barnes Alford Stork & Johnson, of Columbia, for Petitioners. Michael W. Battle, of Battle, Vaught & Howe, of Conway, and Thomas Ellenburg, of Myrtle Beach, for Respondent.
Hearing Time: 10:30 a.m.
Case Title: George Jensen Aakjer, III, Leigh Andersen, Bobby Wayne Archer, Donald Lee Ard, Gary Philip Balcom, Thurman Odell Barnes, Ralph Hillary Bell, Jr., Marvin Simon Beverly, Steven M. Brinsfield, Laurie Ann Czerwieniec, Jeffery Jay Galbrath, Ronald Dewayne Gause, Gwendolyn Marie Harvey, Jessica Jane Hayes, Anthony Odell Hyman, Molly Infield, Mark Dale Infield, Bonnie Roberts Johnson, Emmett Earl Jones, Dawn Michell Kelly, Richard Allen Lester, Rodney Alan Louhoff, Rodney Alan Louhoff, Gary Edward Matson, Carla Williams Mercer, Richard O'Neil Mercer, Edward Dee Mitchum, Kathy Mitchum, Carol Justice North, Carol O'Day, William O'Day, III, Paul David Pinette, Steve Pinnell, Robert George Pinto, Debra A. Purcell, Rhonda Delette Robinson, Scott Allen Robinson, Rebecca Ann Rowan, Scott Rowan, Joseph Fred Ruddock, Jr, David Francis Speck, Anita Lynn Teachey, Robert Larry Thompson, Waddell H. Thompson, Michael James Timm, Debbie Timm, Rebel JM Tyler, Janice Waites, Susan Wall, and Edward Lucas Williams, Petitioners, v. City of Myrtle Beach and City of Myrtle Beach Municipal Court, Respondents.
Attorneys: Desa Ballard, of West Columbia, and James Thomas McGrath, of Richmond, VA, for Petitioners. Michael W. Battle, of Battle, Vaught & Howe, of Conway, for Respondents.
If City wins we all lose
It Myrtle Beach win this will open the door for every city our municipality to make and inforce their own laws regardless of the state.
We had an issue in Delray Florida where they tried and lost an attempt to ban Motocycles from riding on a State owned street.
Delray Beach
I remember the Delray Beach incident quite well. Bikers from around the whole country were up in arms about that one.
My favorite part of it was at the end of a city council meeting when the microphones and video camera were still on. The bikers did a respectable job at saying what they needed to say, and were leaving the chamber. The Mayor looked over at one of the council members and whispered loud enough to be heard and recorded, "well, that didn't go good at all".
My second favorite part was this: The Mayor was saying that she was sitting at a table eating (a sidewalk area), and there were a couple other tables where people were eating. A motorcyclist started his bike, and someone from one of the tables threw food at him!
Here's what I thought when I heard that:
1. it might have been the Mayor herself,
2. she ought to have been brought up better than that, and
3. there ought to be an ordinance in DelRay Beach about throwing food at law-abiding motorists.
The motorcyclists' case law argument if the city had chosen to proceed would have been very good because it was clearly preempted by state law. Even in states where the preemption is not clearly spelled out, preemption arguments can be presented. Violation of the 14th Amendment of the US Constitution might also be reviewed for a possible argument. The 14th Amendment is very powerful in many regards.
If anyone wants to be proactive rather than reactive, in terms of legislation in their state, to prevent this type of situation, have a look at Virginia law, and bring it to your legislators. If you have a problem locating it, I'm sure I can find it again easily enough, so contact me. It says something to the extent that all public roads, bridges, and tunnels, must allow access to motorcycles, and motorcycles must be considered in design plans for future highways. It is also a wise idea for anyone seeking helmet law repeal at the state level, to attempt to get a clause that preempts counties and municipalities from implementing their own helmet laws.
Delray Beach
I was there and you are correct . If it wasn't for our SE Chapter of ABATE attorney along others bringing it up to their attention coupled with a few hundred biker that showed up to tell them that they can not do this, it would have been passed. The city attorney did not have a clue that the proposed ban was illegal
Attorney Tom McGrath to speak about Myrtle Beach court case.
Tom McGrath, the attorney representing the bikers in their SC Supreme Court case against the city of Myrtle Beach will be the Special Guest on the B.O.L.T. Liberty Call-In Hour, this Tuesday evening, January 12, 2010, at 9pm EST.
Please listen in to this extremely important conference call / internet talk radio show.
Tom will be brought into the call immediately when he calls in, will be asked to speak about the court case, and pass along important information to the petitioners in this case, and the biker community.
Please get the word to all your brothers and sisters to listen in, and call with any comments or questions,..
this Tuesday evening at 9pm EST at http://www.talkshoe.com/tc/66775
Date: Tuesday 1/12/2010
Start Time (EDT): 1/12/10 09:00 PM Eastern / 8PM Central / 7PM Mountain / 6PM Pacific
Duration (minutes): 60
This episode will be open to the public.
Call-In Line: (724) 444-7444
Call ID: 66775
Also see the full announcement of this special episode of the B.O.L.T. Liberty Call-In Hour
This is not done. I ride
This is not done. I ride Buell and I found it a little bit of over-reaction to the situation. I don't think it is a good idea to discourage and criminalize motorcycle events, including Myrtle Beach Bike Week, within city limits. Nevertheless, we can go for minimizing and binding it in strict regulations.