Myrtle Beach Part 2

On Tuesday June 15 The Law Offices of Tom McGrath filed suit in Horry County South Carolina asking the Court to find an ordinance enacted by the City of Myrtle Beach South Carolina unconstitutional and therefore invalid. This ordinance was enacted for the sole purpose of driving motorcyclists out of Myrtle Beach. The plaintiff's in the law suit are numerous residents of the City of Myrtle Beach as well as ABATE of South Carolina, Inc. and ABATE of South Carolina, Inc., Horry County Chapter.

You may be asking yourself why are filing suit when we, with the help and sacrifice of many dedicated riders, already succeeded in overturning the helmet ordinance along with other anti-motorcycling ordinances. The ordinance which is the focus of this suit has nothing to do with helmets. Myrtle Beach also enacted its very own exhaust ordinance.

Under South Carolina State law, you must have an exhaust system in good working order so as to prevent excessive noise or smoke. Apparently the Myrtle Beach City Council felt that it was better equipped to determine the type of equipment one should operate on the roadways and therefore passed their own ordinance. Under their ordinance any motor vehicle operated within the City of Myrtle Beach may not have a measured noise level exceeding 89 decibels when measured twenty inches from the exhaust pipe at a 45 degree angle while the engine is operating at idle. Additionally, every motorcycle (not every motor vehicle) which was manufactured after 1982 operated within the city limits must have an exhaust system bearing an EPA label showing compliance applicable to the motorcycle's model year, as set out in Code of Federal Regulations Title 40, Volume 24, Part 205, Subpart D and Subpart E. Neither of the above requirements appear anywhere in South Carolina State Code.

This brings us to the reason we filed suit. This ordinance, like the prior ones, is aimed at driving motorcyclists out of the City. It is also illegal. A quick review of the South Carolina Supreme Court's language in our previous case clearly demonstrates that the exhaust ordinance is unlawful.

"Were local authorities allowed to enforce individual helmet ordinances, riders would need to familiarize themselves with the various ordinances in advance of a trip, so as to ensure compliance. 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. Moreover, local authorities might enact ordinances imposing additional and even conflicting equipment requirements. Such burdens would unduly limit a citizen's freedom of movement throughout the State. Consequently, the Helmet Ordinance must fail under the doctrine of implied preemption." Aakjer et al v. City of Myrtle Beach, ___ S.C. ___ (2010)

The danger that was described by the Supreme Court in Aakjer is present in the Myrtle Beach exhaust ordinance. If the court found that having to carry a helmet with you as you travel throughout South Carolina unduly limits a citizen's freedom of movement throughout the State then surely having to carry an extra exhaust system which complies with the laws of Myrtle Beach must clearly unduly limit a citizens freedom of movement throughout the State. If Myrtle Beach were allowed to set its own equipment standards then in essence the locality with the strictest equipment laws becomes the law throughout the State of South Carolina. Why have a state legislature if localities are free to regulate all citizens in that manner? What would stop a locality from deciding the type of tires you may use in their city? What would stop a county from deciding the type of lights you may have on your vehicle?

At the end of the day this is another attempt by Myrtle Beach to use the legislative process to reduce or eliminate motorcyclists with their city. We as motorcyclists must not allow that to happen because if they can do it in Myrtle Beach then they can do it anywhere throughout the United States. That is why we have filed suit again and that is why we will not abandon this fight for the rights of all riders.

For additional news and information of concern to motorcyclists feel free to visit our website at motorcyclelawgroup.com.

If you have any further questions or comments concerning this article or any other matters concerning your rights as a motorcyclist please contact me at 1-800-321-8968 or at matt@tommcgrathlaw.com

Matt Danielson
Tom McGrath's Motorcycle Law Group
1-800-321-8968
www.motorcyclelawgroup.com