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EVERHARDT v. CITY OF NEW ORLEANS

No. 2977.

208 So.2d 423 (1968)

William EVERHARDT, Arnold Eckland, Russell E. Garrett, Dorothy Hayes as Tutrix of Edward Hayes, and Greater New Orleans Motorcycle Association v. CITY OF NEW ORLEANS, Victor H. Schiro, and Joseph Giarrusso.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 8, 1968.

Writ Granted June 4, 1968.

Attorney(s) appearing for the Case

Michael O. Miranne, William F. Wessel, New Orleans, for William Everhardt, Arnold Eckland, Russell E. Garrett, Dorothy Hayes as tutrix of Edward Hayes, and Greater New Orleans Motorcycle Association, plaintiffs-appellants.

Alvin J. Liska, Maurice B. Friedman, New Orleans, for City of New Orleans, Victor H. Schiro, and Joseph Giarrusso, defendants-appellees.

Before YARRUT, CHASEZ and JANVIER, JJ.

CHASEZ, Judge.

Plaintiffs, one retail motorcycle dealer and a group of motorcycle riders residing in the Greater New Orleans Area, brought a class action in the Civil District Court for the Parish of Orleans, to enjoin the City of New Orleans from enforcing a penal ordinance requiring all cyclists to wear helmets while operating motorcycles within the city limits. Plaintiffs invoke this equitable remedy by asserting the ordinance is unconstitutional and that its enforcement...

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