Posted on 05/23/2005 3:38:50 PM PDT by tahiti
Rahn wanted Missouri to follow Illinois' lead by adopting a primary seat belt law. Rahn insists such a law could save lives.
Rahn thought the bill had a chance because it also would have done away with the state's motorcycle helmet law. That's right. Had the bill passed, you could be stopped for not wearing a seat belt but not for riding a motorcycle without a helmet. The bill failed.
(Excerpt) Read more at stltoday.com ...
I would like to think the "brief" that I wrote and sent to my state rep, warning him that there is a federal law, 42 USC 1983, upheld by the Supreme Court in the case Hafer v. Melo (1991), that makes him personally responsible for the financial damages his unconstitutional actions may cause by depriving a citizen of his "rights, privileges, or immunities."
I very happy that Missouri legislators did not trade one unconstitutional law for another: mandatory seatbelt law for a no helmet law.
This past weekend, I deliberately rode my motorcycle in Missouri without a helmet for 30 miles hoping to get a ticket, so I could start the process of judicial review to nullify the law as unconstitutional.
Unfortunately, there was not a cop in site.
I will try again this weekend.
There was lots of screaming to Reps and Senators from my friends and associates also, although I don't believe that anyone filed a brief. It was plain as day from the get-go that the intent was to throw a sop to motorcycle riders so that they'd support this POS bill, then, once passed, to reinstate the helmet law.
Someone needs to explain a few things to certain members of the General Assembly, I'd say.
With a horsewhip.
Bump
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