Apr 14 2009
Myrtle Beach Sued Over Helmet Law
Told you so!
A group of South Carolina beach businesses is suing the city of Myrtle Beach over its new restrictions on bikers.
The Sun News of Myrtle Beach reports the organization filed its suit Monday with the state Supreme Court, saying Myrtle Beach’s law requiring motorcycle riders wear helmets is illegal because the state doesn’t have a helmet law.
I made this same point a month ago when the town started handing out tickets to bikers. How can they pass an ordinance like this when the state already declared that helmet use wasn’t required? Unless the state constitution permits municipalities to make restrictions like this on their own the city government has stepped in it yet again.
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This is crazy that the city of Myrtle Beach would even impose such a thing all over two weekends out of the year (Bikers Fest). If this bothers some residents that much, they shl pack up and leave for the weekend. South Carolina is suppose to be a tourist state, so what kind of image are we sending here. We are telling people they are not welcome with trailers and all sorts of things. I think the mayor of Myrtle Beach should be kicked out for doing such a thing. To make a long story short, this should not have happened. GET RID OF THE MAYOR!
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MYSELF AND MY FRIENDS HAVE BEEN GOING TO MYRTLE BEACH BIKE WEEK,SHOULD BE CHANGED TO HORRY COUNTY BIKE WEEK, FOR YEARS NOW. BEING A POLICE OFFICER FOR 15YRS ONLONG ISLAND, I HAVE NEVER HEARD OF ANYTHING AS RIDICULOUS AS THIS HELMET LAW ORDINANCE IN MYRTLE. I’M SURE THE COPS THERE THINK ITS A JOKE TOO BEING MANY OF THEM ARE FROM NEW YORK ALSO. MYSELF AND ALL MY FRIENDS WHOM VISIT EVERY SPRING,ALL BEING ACTIVE COPS AND RETIRED THINK THE SAME. THIS ORDINANCE IS A JOKE. WE LOVE THE STATE OF SOUTH CAROLINA AND WILL SPEND OUR MONEY EVERYWHERE BUT MYRTLE BEACH.THIS IS ALL IN RETALIATION BECAUSE OF BBW. ALL THE BUSINESSES CLOSE THAT WEEK,MOST OF THEM I SHOULD SAY,BECAUSE OF THE PROBLEMS SO THE NAACP IS SUING BECAUSE OF RACISM. THE MAYOR’S ANSWER IS TO HAVE THESE NEW ORDINANCES TO SHOW THEY ARE AFTER ALL BIKERS. NOT TOO BRIGHT!!! WE ALWAYS HAVE A GREAT AND SAFE TIME AND LOOK FORWARD TO COMING DOWN. DON’T TURN LIBERAL LIKE N.Y. !!!!!!!!!
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I can see where the people would complain about the noise. But please correct if Im wrong when I wear my helmet the sound of my bike does not change. Is there some weird freek of nature that changes this on the grand strand. I don’t attend bike week however I have been come to M.B. every year since 1984 on vacation. That changed this year due to this lame attempt to justify the fact that M.B. wants tourist, they just want to pick and choose who they are. I live in VA and have no say in the local government in Horry county. However I do have control over where my family, RV, and money vacation . Myrtle Beach does not have the only beach front proprty on the atlantic coast.
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Sec. 14-223 In enacting this section, it is the intent of the City Council to ensure that
12 all persons are provided with an additional safety benefit while on any motorcycle, as
13 defined and licensed by the state of origin, or any motor-driven cycle that does not
14 completely encase a person within the body of the vehicle, or motorcycles as defined by
15 the South Carolina Department of Motor Vehicles, hereinafter “motorcycle or cycle”.
16 While on a cycle, the operators and passengers must be helmeted as set forth herein and
17 wear a form of protective eyewear.
This is part of the ordinance in question. Here is the full link: http://www.cityofmyrtlebeach.com/PDF%20Forms/Helmet%20eyewear%20Sept%2008-64.pdf
What I see here is a major problem for others besides Motorcycle Enthusiasts.
The law reads “any motor-driven cycle that does not 14completely encase a person within the body of the vehicle”,
this would obviously include golf carts, electric vehicles (many are rented during the summer), motorized wheelchairs, Trikes, and even automobiles with a convertible top, (since the person isn’t completely enclosed as the ordinance defines it).
So far this hasn’t happened, but it could be construed and enforced that way by some overzealous persons in law enforcement and city government.
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I applaud Myrtle Beach for implementing this. Untill last week I did not know this myself. My sister died in April of this year in Greenville, SC on a moped without a helmet. Needless to say she died as a result of traumatic brain injuries. When I got there from Virginia, she lay in a bed her head was still bleeding severely, she was on a breathing machine and pronouced brain dead within 24 hours of the crash. Anyone who opposes this law is crazy. It could save so many lives. This affected not just my family but others, like doctors that were unable to save her, people who stopped at the accident to try and save her. Listen to me if you oppose this law, there is something wrong with you.
I am personally going to fight to change this law in South Carolina untill I die. Think about this people if you saw your loved one in that situation, you would definitely change your position on this law, trust me. I can still smell her blood and hear that damm machine. I have cried every day since then.
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Ruth, part of living in a free society is having the freedom to make bad decisions. I don’t ride, but if I did I guarantee you that I would never get on a motorcycle without a helmet, but that’s me and that’s my decision. I don’t need the government to nanny me and force me to do it through a law. If I were to decide to not wear it, that is also my decision as a grown man living in what is supposed to be a free country.
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Mr Windlow, while I understand your thought, about the right to make bad decisions, we as American citizens need Laws to keep us from danger and chaos. The same principle applies if someone runs a redlight and hits someone. We need red lights to keep us from chaos, and endangering others. Yes the Governent should protect and keep us from harm, if and when they can. Any grown Man out there that thinks his head is harder than the pavement is in for a rude awakening, and I feel sorry for anyones family, that would have to endure such pain and misery , that could have been prevented. I can assure you that I’m not for the Government into all of our business, but there are occasions were it is needed, for our own good.
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Ruth, when someone runs a red light they are also putting someone else’s life at risk. When you don’t wear a helmet, it’s only your own.
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I suppose the next thing people in SC will say is that seat belts arent needed or they dont have them in their cars and they also dont have or need air bags, or smoke detectors in their homes, etc. Come on SC its time to come out of the dark ages, its a safety issue. Helmets can only save Lives. Its time to change this law…Lets do the Right thing, by all of SC citizens and also for others who may want to visit SC, if they knew about this unlawfulness I think many may change their minds about coming to SC. Who would want to witness while driving thru SC someones Brains scattered onto the freeway. Believe me when I tell you the day I saw my sister, there were NO smiling Faces and the ICU and mortuary are Not beautiful Places.
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It is very unfortunate that your sister died, however,it was her choice not to wear a helmet and as an adult she should have that choice, key word adult. I do not need nor do I want the government dictating to me that I must wear a helmet or for that matter a seat belt. This country was based on freedom of choice and as long as my choice does not impact you or anyone else it should not be your concern. Yes, I pay for health insurance and motorcycle insurance so my choice not to wear a helmet does not cost you or anyone else if I should get injured. That is a bogus argument I have heard in favor of manditory helmet laws many times. As far as seeing brains on SC highways (never have in 35 years driving in SC) I have seen more car accidents with horrific injuries; may be we should make speed limits 20 mph so no one will get hurt or just ban cars all together. Indivduals must decide and take responsibility for their own personal safety it is not the job of the federal government to do it.
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Ruth doesn’t get it. Anyone that believes the Government is here to protect us from OURSELF has no clue about our Constitution and what the framers of it were getting at when they wrote it. Ruth this is how Democracies turn into Socialist governments and the next step is Communism. We are supposed to be a Republic. The government doesn’t have parental rights over anyone.
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Oh I get it alright, You guys are so stubborn, that you would cut your nose off to spite your face. Come on , the numbers are so striking, that an astounding 40% of peoples lives could be saved my merely wearing a helmet.I am a full blooded American Girl, who believes in her country and supports our troops, most of my family members are war veterans. Thats why alot of people supported our troops getting the proper armor to wear- so that it could save their lives. I am not about the government controling our lives, I just want people to be safe on our highways of this beautiful country of ours thats all.
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Ruth I am a vietnam era veteran who served to protect our liberties and freedom of choice. I respect your right to wear or not wear a helmet or do whatever you feel is required to protect yourself. However I do not want you or the government
making that choice for me. There is far too much government regulation on how I live my life as it is, I do not want it and do not need it. I do understand where you are coming from, however forcing your views on others will not bring your sister back
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Hello John, I do respect your choice and I understand that while some like myself are willing to sacrifice some of their freedoms others are not. Afterall freedom is what are founding fathers fought for. I just hope and pray that you and others may gain some insight on this matter and perhaps it might save someone elses life one day. By the way John, my sisters name is Myrtle, I think that its ironic, and anyway hers friends of course would jokingly call her Myrtle Beach. John I want you and everyone out there to know that I loved her so much, if I thought for one moment that when she died she didnt go to heaven, I would certainly, take her place. She was sucjh a loving person. I know that she is in heaven now. I learned a lot from my little sister, and it was very difficult to tell her children, that she died. Anyway God Bless.
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If your sister Myrtle was half as concerned for the safety of others as you are I am very sure she is in heaven smiling on you right now. We may disagree but that is what this country is all about the freedom to voice our views. May god watch over you and your sisters family all ways.
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Hello, John, thank you . Hey John I know you are a vietnam vet, my father was in ww2 and my grandfather was in ww1, all of my cousins were in vietnam and a couple of my exboyfriends were in vietnam as well. I remember going with my father to the va hospital, I tell you when I saw a lot of those guys there, with no arms or leg, abandoned by their counrty, if that doesnt break your heart nothing will. There are alot of people here in the good old USA, Who dont know lucky they are, if t werent for those guys who sacrificed all, and alot of them got nothing in return, except, to know what they did was the right thing, and there are people out there who do appreciate them. All I can say is thank God for them, we are so lucky they fought for us.
God Bless, you John
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I have to agree-the laws are ridiculous in some states. I’m from Washington and here, everyone is required to wear helmets, regardless of age (even on bicycles in your own driveway…I mean really, come on people!). They also have strict seat belt laws and you can be pulled over for not being buckled in or wearing the seat belt improperly.
While I, myself, wouldnt go without a seat belt or go without a helmet, I feel that the government making those decisions for us is wrong. I do agree with children’s helmet/seat belt laws however; they shouldnt have to pay for parental ignorance.
Oh yeah, and kids have to be in booster seats until they are 8 or 80 pounds, you know how freaking annoying that is?!
Imo, the government is just in cahoots with the carseat manufacturers.
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Put things in perspective
I just looked up the statistics on bicycle related deaths, data from the Helmet Safety Inst. for 2007 there were an estimated 73-85 million bicycle riders in the US with a total of 698 deaths of those 60% were head injuries = 418 deaths (all age groups).
Looked up Home injuries
Unitentional home related deaths for 2002
14 and under age group
420 drownings (comparable to bicycle deaths)
620 suffications
330 fire
What’s my point? Shall the government (local, state, federal) mandate all swimmers under the age of 14 wear lifejackets? I think not.
Unintentional death by any means is a tragedy but it is not the governments responsibility to protect us from ourselves. We as citizens must take responsibility for our own lives. If you feel the risk is to great not to wear a helmet, seat belt or life jacket etc. then by all means wear it. I want that freedom of choice
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Ruth,
So sorry for your loss. I’m a firm beliver that from the day I was borned, there is a big calander up in the heavens with my name on it. Come that day weather I’m riding my bike or doing something else, I will pass. I tell my wife that when that day comes, if I’m doing anything else but riding my bike, make sure they put it in the paper that I wasn’t wearing a helmet. You also mentioned seatbelts, Is there any proof out there that a person wouldn’t have lived without the seatbelt(NO). Have you ever seen a car engulfed in flames with a person inside, unable to get out because they could not release the seatbelt and to hot for anyone to get near….trust me not a pretty sight.
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One thing is for sure that we all agree on is that when our time is up, it just is. None us know when or how that will be, if we did then the world would be a different place. All we can do is try to be the best that we can be, and to let the people that you Love, know that you do care and Love them very much, while we are on this earth. Every time I spoke to my sister we never hung up the phone without saying I Love You.I would always send her cards, money-when I could, and coffee, she loved her coffee. Upon the last visit to the hospital, they handed me the earings, that I had given her for Christmas, I cried and almost fell out in the floor.
God Bless All, Ruth
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Funny. Bikers don’t want the government to “nanny” them into wearing helmets, but when it comes to insurance companies wanting to regulate their costs bikers want to hide behind the skirts of their representatives. When it comes to irresponsible people and their risky habits, I’m always more impressed when the folks engaging in those activites and accept the responsibility for their actions.
Now, who’s up for paying 10x the medical and motorcycle insurance for the “right” to blow off helmets? I thought so.
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