ABATE of Georgia v. Georgia
United States District Court for the Northern District of Georgia
137 F. Supp. 2d 1349 (2001)
- Written by Jamie Milne, JD
Facts
Georgia (defendant) enacted a statute that required all persons to wear protective headgear while operating or riding a motorcycle in the state. The statute authorized the Georgia Board of Public Safety (board) to adopt standards for protective headgear and required compliance with those standards. The adopted standards stated technical specifications for acceptable headgear. American Bikers Active Toward Education (ABATE) (plaintiff), an organization that promoted motorcyclists’ rights, sued the state, arguing that the statute was unconstitutionally vague and violated the First Amendment and the Fourteenth Amendment’s Equal Protection Clause. The state filed a motion in the district court to dismiss the suit.
Rule of Law
Issue
Holding and Reasoning (Thrash, J.)
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