State v. Fetterly

Defendant appealed from a conviction of a violation of ORS 483.443(1), which prohibits the operation of a motorcycle without wearing protective headgear.

Defendant’s sole ground of appeal is that such a statute is an improper exercise of the police power of the state in that the restraint of the statute upon his personal liberty bears no relation to a legitimate public purpose and, therefore, contravenes the Ninth, Tenth and § 1 of the Fourteenth Amendments to the United States Constitution and §§ 1, 20 and 33 of Article I of the Oregon Constitution. He argues that the sole effect of the…