MAY 10, 1996
Everett Rice, Esquire
Pinellas County Sheriff
250-Ulmerton Road
Largo Florida
Ref: Unconstitutionality of Florida's
Helmet Law (Fla.Stat. 316.211)
Dear Everett::
As you may know I represent the
Suncoast Chapter of A.B.A.T.E. (A Brotherhood Against Totalitarian
Enactments), which has steadfastly argued against Florida's Motorcycle
Helmet Law, Fla. Stat. 316-211. On December
8, 1995 Judge Blackwood held the entire statute
unconstitutional and the State as well as the City of Largo appealed.
I understand that your office, through
a memo from
Major Sam Lynn dated 12-27-95 has directed the
enforcement of a portion of the statute requiring some helmet be worn
by motorcyclists, and it need not be DOT approved. I refer you to the
memo of 12-27, a copy of which Is attached. I further refer you to the
Order of Judge Blackwood dated 12-8-95, which is attached and does not
specify anything near what your Major has directed your troops to
enforce. In reliance upon the Judge's ruling, I have advised my client
that no helmet is necessary on a motorcycle provided the motorcyclist
is also relying upon the Judge's ruling.
As such, yesterday I argued a
no-helmet ticket before Judge Radford Smith, and he agreed that the
State is estopped from enforcement of the helmet law until the Appeal
Court ruling comes down, and has dismissed the first no-helmet, ticket
written after Judge Blackwood's ruling. A copy of Judge
Smith's ruling is also attached herein. I'm sure you
will agree with me that this will act as a precedent and essentially
the helmet law is unenforceable in Pinellas County pending the Second
DCA's ruling.
At this point I am asking you to
revise the Major's memorandum and circulate this word to your officers
that the helmet law is unenforceable against motorcyclists riding
helmetless relying upon Judge Blackwood's decision. I hope you can
agree with me on this matter and preclude any further Court action
such as an injunction to preclude enforcement of a law that has been
held unconstitutional. In this regard when you circulate such a
memorandum, I would appreciate a copy.
Should you or any of your officers
have any questions in this regard, please feel free to contact my
office, or page me 468-1156. I'm looking forward to discussing this in
the near future.
Ron Smith, Esquire