Virginia Freedom Riders :: Freedom Forums

MissPenny

From: matt@tommcgrathlaw.com [mailto:matt@tommcgrathlaw.com]
Sent: Tuesday, December 02, 2008 5:39 PM
Subject: MB Temporary Injunction Denied - Case Moves Forward

At today's hearing in Horry County SC, a state judge, who indicated that there were problems with the two Myrtle Beach ordinances in question, denied a request to issue a temporary injunction against the City of Myrtle Beach which would have prevented the city from enforcing the ordinances. However, the motion to declare the ordinances unconstitutional and in violation of South Carolina State law still moves forward.

The ordinances in question would require helmets for motorcyclists within the city of Myrtle Beach and would put into place much stricter exhaust requirements than those currently in place under South Carolina State Code. The court was of the opinion that, despite any problems with the ordinances, the harm of allowing the ordinances to stay in effect until the matter could be decided by a court was small given that under South Carolina State Law all ordinances are presumed to be lawful until proven otherwise.

The motion to declare the ordinances unconstitutional and in violation of South Carolina State law, which has been filed by Tom McGrath, is still moving through the system and today's ruling has no effect on the ultimate outcome of the motion itself.

If you have any questions about this motion you may call Tom McGrath at Tom McGrath's Motorcycle Law Group (1-800-321-8968). You may also email tom at tom@tommcgrathlaw.com.

Matt Danielson

Tom McGrath's Motorcycle Law Group

1-800-321-8968

Virginia Coalition of Motorcyclists

1-800-437-9434
_________________
Penny Adams
Virginia Freedom Riders - Legislative Officer

"Government is too big and too important to be left to the politicians."
Chester Bowles (1901 - 1986)