The South Carolina Supreme Court today heard two cases involving the controversial and mandatory helmet law in Myrtle Beach.
Opponents call it unconstitutional, but the city says it had every right to pass the law. Now the high court will decide what's legal.
It's been almost one year since the helmet law took effect, and it's spurred several lawsuits, all questioning the law's legality. Only two suits remain, and both were heard this afternoon inside the Supreme Court building in downtown Columbia.
The first suit was filed by Myrtle Beach resident Bart Viers, brother of SC Representative Thad Viers, and the pro-rally, pro-motorcycle group BOOST (Business Owners Organized To Save Tourism).
The second suit, a class action filing, was filed by an estimated 50 bikers who received tickets for not wearing helmets.
At the center of both suits lies one central question that this court must answer: does the City of Myrtle Beach have the power to pass a mandatory helmet law when state law requires only those younger than 21 to wear one. In other words, does or can a city ordinance supercede state law? Lawyers for the biker enthusiasts say it does not. And they fear if the court sides with the city, a dangerous precedent will be set of local municipalities passing overreaching ordinances.
On the other side of this story is the City of Myrtle Beach whose lawyers feel they're well within their rights. They say state law doesn't address helmets for riders 21 and older, and since the law is quiet, they feel the city's law doesn't contradict anything.
As for a ruling from the high court, no one knows when that will come. The justices grilled both sides pretty aggressively, perhaps targeting the city's lawyers more. Several suggested the city passed the helmet and other ordinances just to get rid of the bikers, and the justices asked if that was a legitimate reason.
Myrtle Beach says it passed the laws because of the overwhelming stress on local resources when the bikers come to town.
We'll let you know when the court reaches its decision.
To read more about the court proceedings, as reported by The Sun News, click here.
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