Wednesday, Nov. 05, 2008
trampling the constitution
By Eric "Big E" Rutherford
For Weekly Surge
Apparently the Constitution is just a rag that no longer means anything. So far the Myrtle Beach City Council and mayor have managed to supersede human liberties and state laws by passing ordinances that are contrary to what our forefathers intended when they wrote about us all being created equal and having inalienable rights to life, liberty and the pursuit of happiness by targeting motorcycle riders for selective enforcement of unfair laws designed to exclude us from enjoying our civil liberties.
The question being asked by many bikers is where our motorcycle rights and advocacy groups are in all of this. To the best of my knowledge the American Motorcyclist Association (AMA) has distanced itself from the issue and motorcycle rights organizations such as ABATE have done little more than release statements against the ordinances.
Some people are fighting back though. As expected, lawsuits have been filed to challenge the validity of the recently passed ordinances designed to discourage motorcycle tourism in the city of Myrtle Beach.
According to a post on The Sun News Bikers Forum "On Mon, 9/29/08, Matt Danielson of the Tom McGrath Law Group wrote: This afternoon, Tom McGrath 's Motorcycle Law Group filed a lawsuit...against the City of Myrtle Beach...in the Circuit Court for the 15th Judicial Circuit, Horry County , South Carolina.
The suit challenges two of the many new ordinances adopted by the city... in an effort to end the annual motorcycle rallies...The first ordinance would require motorcyclists and passengers to wear helmets when operating a motorcycle within the city limits. South Carolina state law currently allows motorcyclists over the age of 21 to choose whether or not to wear a helmet. The second ordinance challenged by [McGrath's group] concerns new requirements for motor vehicle exhausts within the city. Both ordinances, according to the law suit, are unconstitutional and in violation of South Carolina state law.."
On Oct. 23 The Sun News reported "The U.S. District Court in Florence has scheduled the first hearing in one of the lawsuits local businesses filed against the city of Myrtle Beach over the city's ordinances designed to curtail the May motorcycle rallies... Mike Shank, his businesses Festival Promotions and Highlander Marketing, and Harley-Davidson of Myrtle Beach...have filed suit to stop the city from enforcing five of the 15 ordinances and amendments it passed last month, including a local helmet law and noise standards. The suit claims many of the rules are vague and unconstitutional, and asks for an injunction to stop the city from enforcing them.
Meanwhile, an article dated Oct. 27, also in The Sun News reporting on the Myrtle Beach Area Chamber of Commerce's annual planning retreat included a quote that read, "...city officials are also looking to the chamber to help develop a strategy to replace motorcycle business in May."
How about that for nerve? City officials run off the business and then charge another organization to replace it. When asked directly, Brad Dean, the Chamber President, who many in the motorcycle community recognize as being opposed to the rallies on a personal level dodged the question with the following double-talk, "I have nothing that I can report on yet. I can't give you specifics, but here's what I can tell you. While the chamber's membership is divided between pro-rally and anti-rally voices, the one overriding opinion of our board and members alike is that the chamber can and should lead an effort to develop a post-rally revenue recovery plan. Our view is whether one agrees or disagrees with the city's actions, the plans that will be put in place next year will dramatically impact tourism revenues in the month of May. To replace those revenues will take a strategic, concerted action that includes public and private action." Sounds like neither the city nor the chamber have a clue to me.
My other bone of contention involving trampling the Constitution is regarding a legal decision made after a recent sting aimed at the motorcycle club known as the Mongols. After a three-year investigation, 64 Mongols (of 79 named in racketeering indictments) were arrested in six states. The Mongols have a violent and bitter history with the Hells Angels, who have a local chapter in Myrtle Beach. Club history and politics aside, what caught my eye and the eyes of attorneys and law professors was the fact that as part of the ruling U.S. District Court Judge Florence-Marie Cooper granted an injunction that prohibits Mongol members, their family and associates from wearing, licensing, selling or distributing their club logo, a profile of a pony-tailed Mongolian warrior wearing sunglasses. The government is targeting intellectual property and outlawing a legally obtained trademark.
I'm sure Myrtle Beach Mayor John Rhodes and his council would applaud this first amendment violation.
If you have any questions, comments or suggestions of bike-related topics send a "Big E-mail" to SurgeBiker@yahoo.com.
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