California IN BRIEF : FULLERTON : Judge Upholds State Helmet Law

For the second time in two months, motorcyclists failed to persuade a judge to block enforcement of the state’s new mandatory motorcycle helmet law, despite arguments that it violates riders’ freedom of expression. Superior Court Judge James J. Alfano rejected a host of constitutional challenges, saying that in passing the law, California legislators had a legitimate intent to protect the safety of people on the highways. Higher courts have consistently held that driving motor vehicles is a privilege, not a right, and those who engage in it must endure regulation for the safety of all concerned, Alfano said. Alfano admitted that the law infringes on motorcyclists’ freedom of expression by imposing headgear on them, but he said such an intrusion is justified by the need to protect them from injury. The four plaintiffs who filed the lawsuit vowed to appeal.