OFF THE WIRE
Kudos to Tom McGrath and his law firm! :*)
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http://www2.scnow.com/scp/news/local/grand_strand/article/bike_groups_sue_myrtle_beach_over_noise_ordinances/198770Bike groups sue Myrtle Beach over noise ordinances
Bike groups sue Myrtle Beach over noise ordinances... MYRTLE BEACH -- A Virginia-based lawyer filed a lawsuit on behalf of several bikers and bike groups in Myrtle Beach, claiming city ordinances passed nearly two years ago don't follow state law. 0 Ratings | 45 Video Views Post a Comment or Rate this Video » View More Videos By Landon Sears | Digital Journalist Published: June 22, 2010 Updated: June 22, 2010 » 2 Comments | Post a Comment vote nowBuzz up!MYRTLE BEACH—A Virginia-based lawyer filed a lawsuit on behalf of several bikers and bike groups in Myrtle Beach, claiming city ordinances passed nearly two years ago don’t follow state law.
Myrtle Beach City Council passed stricter noises ordinances two years ago.
In short, the ordinance requires bikers to have mufflers on their bikes to keep noise below a 89 decibel level while idle. Bikers also must have an EPA issued sticker that state their bike meets federal noise reduction laws according to the ordinance but not South Carolina law.
Bikers like ABATE member Gary Balcom feel city council crossed the line with the noise ordinance. Tom McGrath, the Virginia-based attorney who won a helmet law case against the city last month, has filed a lawsuit on behalf of Balcom’s group abate, and several other bikers.
“It’s frustrating because basically they’re trying to run us out of Myrtle Beach. As far as a personal level, we feel like we’re being singled out…if you get stopped in the city basically if they put that decibel meter in the correct way at the back of your bike and check your mufflers and it’s too loud that you’ll be issued a ticket and your motorcycle will be towed,” said Balcom.
Balcom says he hasn’t been ticketed for a noise violation even though his bike doesn’t have the EPA label.
Meanwhile, Myrtle Beach city spokesman Mark Kruea says the city has spent $64,000 in legal fees in previous biker related cases.
City money spent on legal fees will rise now that the bikers are suing again.
The most recent lawsuit was filed one week ago by McGrath.
A circuit court judge will review the case.
Earlier this month the S.C. Supreme Court ruled on Myrtle Beach’s helmet law.
The high court ruled that the city over reached its bounds and that reversed the helmet law.
Now the city has to pay back the hundreds of tickets it wrote over the two-year period.
City spokesperson Mark Kruea says the refunds will go out soon, but that he does not know when exactly the checks will go out.
