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AAKJER v. CITY OF MYRTLE BEACH

No. 26825.

388 S.C. 129 (2010)

694 S.E.2d 213

George Jensen AAKJER, III, Leight Andersen, Bobby Wayne Archer, Donald Lee Ard, Gary Philip Balcom, Thurman Odell Barnes, Ralph Hillary Bell, Jr., Marvin Simon Beverly, Steven M. Brinsfield, Laurie Ann Dzerwieniec, Jeffery Jay Galbrath, Ronald Dewayne Gause, Gwendolyn Marie Harvey, Jessica Jane Hayes, Anthony Odell Hyman, Molly Infield, Mark Dale Infield, Bonnie Roberts Johnson, Emmett Earl Jones, Dawn Michell Kelly, Richard Allen Lester, Rodney Alan Louhoff, Gary Edward Matson, Carla Williams Mercer, Richard O'Neil Mercer, Edward Dee Mitchum, Kathy Mitchum, Carol Justice North, Carol O'Day, William O'Day, III, Paul David Pinette, Steve Pinnell, Robert George Pinto, Debra A. Purcell, Rhonda Delette Robinson, Scott Allen Robinson, Rebecca Ann Rowan, Scott Rowan, Joseph Fred Ruddock, Jr., David Francis Speck, Anita Lynn Teachey, Robert Larry Thompson, Waddell H. Thompson, Michael James Timm, Debbie Timm, Rebel JM Tyler, Janice Waites, Susan Wall, and Edward Lucas Williams, Petitioners, v. CITY OF MYRTLE BEACH, City of Myrtle Beach Municipal Court, Respondents.

Supreme Court of South Carolina.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Desa Ballard, of West Columbia, and James Thomas McGrath, of Richmond, VA, for Petitioners.

Michael W. Battle, of Battle, Vaught & Howe, of Conway, for Respondents.

Justice PLEICONES.

In response to various concerns stemming from motorcycle rallies, the City of Myrtle Beach enacted a number of ordinances and amendments to ordinances (the Motorcycle Ordinances). Among the ordinances was Ordinance 2008-64, which required that any person riding a motorcycle wear a protective helmet and eyewear (the Helmet Ordinance). Petitioners were each cited for violating the Helmet Ordinance by failing to wear the requisite helmet and eyewear...

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