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This open biker forum is moderated by Bruce Arnold of LdrLongDistanceRider.com and Madd Ray Henke of Motorcyclists-Against-Dumb-Drivers.com. Use this forum to share any information of interest or benefit to American motorcyclists. NOTE: POSTINGS TO THIS FORUM ARE NEITHER ENDORSED BY NOR NECESSARILY REPRESENT THE POSITIONS OF ITS SPONSORS. WE TAKE NO RESPONSIBILITY FOR ANY HARM OR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE, THAT MAY RESULT FROM PUBLICATION OF OR RELIANCE UPON ANY POSTING ... SO, NO WHINING!  If you have problems posting, please click here.



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Subject:   Re: Re: Like I Said, Let's Stay On Point
Name:   rc
Date Posted:   Apr 23, 07 - 8:57 AM
Email:   rckimnama@aol.com
Website:   http://bigbendbikersforfreedom.blogspot.com/
Message:   "Treating motorcyclists differently is subject to the 14th Amendment, but it's a very limited protection -- it only means that the state must show the law is reasonably related to a legitimate state interest."

I would presume that the state interest would be to save lives. If that is the case, then the mandate that one must wear a MC helmet is not "reasonable". There is much controversy over the "actual" protection a Helmet provides and under what circumstances.

Furthermore the incidence of head injuries that occur in other activities where helmets are not mandated would in fact make the law discriminatory.

I would submit that addressing the causes of the accident would be more "reasonably" related to the states interest.

By virtue of your argument the states and courts are not upholding their constitutional obligations by not banning cell phone use while operating a motor vehicle. rc
Replies:    
Where this posting came from by Bruce Arnold · Apr 22, 07 - 12:17 PM
Note to Madd Ray by Bruce Arnold · Apr 22, 07 - 3:10 PM
A Chilling Image by Bruce Arnold · Apr 22, 07 - 9:04 PM
What Rogue posted Friday applies here too by Bruce Arnold · Apr 23, 07 - 5:35 AM


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