Lawsuit filed against Myrtle Beach

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By Thema Ponton
WBTW News 13 Reporter
Published: September 29, 2008

A lawsuit has been filed against the city of Myrtle Beach over two of the ordinances passed by Myrtle Beach city council last week designed to curtail the rallies.

Monday, attorney J. Thomas McGrath filed suit on behalf of his clients, William and Carol O’Day, who live in Myrtle Beach.

According to the lawsuit, the two would like a judge to declare the ordinances about noise and the ordinance about wearing a helmet and protective eyewear invalid, void, and unenforceable.

The suit was filed just after 2:00 p.m. at the Horry county courthouse in Conway on Monday.

As of early Tuesday afternoon, Myrtle Beach City Spokesman Mark Kruea said the city had not received the summons for the suit.

Attorney Tom McGrath, who has his own firm in Richmond, Va., said he will also file a summons directly with Attorney General Henry McMaster, because the suit calls into question the state constitutionality of the City of Myrtle Beach ordinances.

“If (the city) wants to change the state law, then they need to go to the General Assembly,“ said McGrath Tuesday morning.

“Our position, as motorcyclists, is, if we’re part of the problem, we’d like to be part of the solution,“ McGrath said.

Reader Reactions

Posted by ( Spidey ) on October 11, 2008 at 7:43 pm

I think those that have a problem with motorcycle noise are profoundly ignorant about motorcycles in general. The point is that you want motorcycles to be loud so that people hear them above the normal din of traffic noise. We wnat people to hear us so that they are more aware we are there. If people, especially those in the blue hair category, can hear us they are far less likely to kill us by pulling out in front of use or otherwise “not seeing” us. The noise is an intentional safety device if you will.

I think this very basic point is lost on non-motorcylists. We already have a hard enough time making ourselves more visible to car drivers. If motorcycles become too quite, then we become less safe and there will be more accidents and deaths.

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Posted by ( SOGMC ) on October 02, 2008 at 8:30 pm

This is a great example of how real American law works.  Have a problem with the law?  Then use the law to solve the issue.  Hooray for these bikers that are showing the media and the mainstream public that problems can and should be resolved using legal means, not media hype and popular opinions.  The real legal system is not what is seen on TV.

And to Bocephus, I respect your personal opinion that loud pipes are ear splitting noise, but have you considered that others may LIKE the noise and not find it offensive in the least?  Don’t their opinions matter as much as your own?  Who is thinking only about themselves now????

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Posted by ( Brackey ) on September 30, 2008 at 11:28 am

Look, this whole so called problem is not with all the bikers. I understand that the harley ralley people have loud pipes,but what the residents need to under stand is that those loud pipes are really a saftey device rather than a henderance . A lot of time’s ,people don’t see a biker , but you can sure hear one. Myrtle Beach is a resort town .Did you all not realize that when you moved there? This so called noise is only for a few week’s during the Harley Ralley,GROW UP AND GET OVER IT!!!!!!!

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Posted by ( Bocephus ) on September 30, 2008 at 7:47 am

Why not get the seatbelt law repealed also? If you bikers choose to get your heads cracked open like an egg if you crash, then so be it! That’s your freedom.
Humpty Dumpty will have some company. Heck, he already does!
Also, whats freedom got to do with riding around on a bike that blares a bunch of ear splitting noise? Thats just plain rude and all the biker does is think about themselves. Makes em feel MACHO to roar around on a loud harley.

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Posted by ( bikersrights ) on September 30, 2008 at 5:59 am

The battle for bikers’ rights is not about patches, parties or poker runs. We fight to protect the freedom and promote the interests of American motorcyclists ... to defend our right to choose our own modes of transportation, attire and lifestyle ... to deter and defy discrimination against us ... and to vanquish those who violate our rights or right-of-way.—Bruce Arnold

http://BikersRights.LdrLongDistanceRider.com

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Posted by ( Goodneighbor ) on September 29, 2008 at 10:20 pm

I am glad to see that these two gentleman are doing something about this situation! Please know that there are many mor that support them and all our fellow bikers.

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