> By Dennis
Pelham
> Daily
Telegram
> Posted Jun 24,
2010 @ 05:08 PM
> ADRIAN,
Mich. —Motorcyclists fighting unapproved helmet tickets
they
> received this
spring from Adrian police were notified last week the
> cases are being
dropped.
>
> Legal issues
brought up in Lenawee County District Court by an
> attorney for a
motorcycle rights group are the same ones involved in a
> lawsuit in federal
court in Grand Rapids, said Adrian City Attorney
> Sarah Osburn.
Rather than leave the half-dozen tickets pending in
> Lenawee County
District Court for months or years while the federal
> case is decided,
she said, the tickets were dismissed.
>
> Depending on the
outcome of the federal lawsuit, she said, it is
> possible the
tickets could be reinstated. But that has not been
> decided, Osburn
said.
>
> Helmet enforcement
in Adrian this spring drew the attention of ABATE
> of Michigan Inc.
An attorney for the state’s chapter of American
> Bikers Aiming
Toward Education showed up for an April 20 hearing on a
> challenged helmet
ticket in district court, along with about 20 local
> members of the
group.
>
> Osburn said she
and Sgt. Lynn Courington, who wrote the helmet
> tickets, agreed to
drop enforcement action until the federal lawsuit
> defines how the
helmet law is to be applied.
>
> Courington, a
motorcycle instructor and enthusiast, said there was
> nothing personal
about the enforcement actions or the decision to wait
> for legal issues
to clear up.
>
> “Whatever the law
says to do, that’s what you do,” he said Wednesday.
>
> Martin Richardson,
one of the first motorcyclists to fight the helmet
> tickets, said he
was happy to learn the city is dropping the cases.
>
> “I did not think
it was appropriate the way it was handled,”
> Richardson said.
He said he felt his rights were being abused when he
> was stopped and
his helmet taken for evidence, forcing him to wait for
> a friend to bring
him another helmet before he could ride home.
>
> A federal judge in
Grand Rapids agreed in April to decide a claim by
> ABATE that
Michigan’s helmet law is being illegally enforced by police
> who stop riders on
suspicion of wearing an unapproved helmet. The
> group claims there
is no method for police to determine if helmets
> meet federal
Department of Transportation requirements without looking
> inside the
headgear, making the stops illegal searches.
Rogue
Sturgis Freedom
Fighters
Motorcycle Hall Of Fame
Member 2005
www.bikerrogue.com