Hannigan

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS ON REQUEST FOR PERMANENT INJUNCTION; ISSUING PERMANENT INJUNCTION.

This case is before the court on a motion for summary judgment on plaintiffs’ request that the court issue a permanent injunction against officials of the California Highway Patrol (CHP). Plaintiffs are motorcyclists who have been issued citations under the California Mandatory Motorcycle Helmet Law, California Vehicle Code § 27803, for wearing helmets that were alleged not to comply with federal safety standards. Plaintiffs ask the court to enjoin defendants, specifically officials of the California Highway Patrol, from enforcing the law in an unconstitutional manner.

I. THE HELMET LAW

The California Mandatory Motorcycle Helmet Law, Vehicle Code § 27808, makes safety helmets mandatory for all drivers and passengers of motorcycles. Further, the law requires that a helmet may not be worn unless it meets certain specifications set out in Vehicle Code § 27802. This section states,

Pursuant to section 27802, the Department of the California Highway Patrol has adopted Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218) as its sole standard to determine…