Simon v. Sargent

Asking us to disregard a very considerable weight of authority, see, e.g., Love v. Bell, 1970, 171 Colo. 27, 465 P.2d 118; State v. Laitinen, 1969, 77 Wash. 2d 130, 459 P.2d 789, cert. denied 397 U.S. 1055, 90 S.Ct. 1397, 25 L.Ed.2d 671; Bisenius v. Earns, 1969, 42 Wis.2d 42, 165 N.W.2d 377, appeal dismissed for lack of substantial federal question, 395 U.S. 709, 89 S.Ct. 2033, 23 L.Ed.2d 655, plaintiff seeks a declaratory judgment that a state cannot constitutionally require unwilling motorcyclists to wear protective headgear. Mass. G.L. c. 90, § 7, upheld in Commonwealth v. Howie, 1968, 354…