Helemt Legislation

State Senate bill aims to lift helmet rules at skateparks

Surfersvillage Global Surf News, 12 February, 2006 : - - The state mandate for helmets at skateparks could vanish if a state legislator's bill finds favor in Sacramento. Clarkie Clark, the Santa Cruz-based editor of Realskate.com, couldn't be more pleased. But Scotts Valley Mayor Stephany Aguilar isn't sure that repealing the helmet law is a good idea.

State Sen. Bill Morrow, 51, a Carlsbad Republican who introduced Senate Bill 1179 this week, has been following skateboard issues for more than a decade. His term is up this year; last month he announced he wants to win the Congressional seat up for grabs in a special election April 11. The new bill, according to Morrow staffer Wade Teasdale, is designed to allow skateboarders to enjoy skateparks without elbow pads and knee pads and helmets and protect cities from being sued by injured skateboarders.

Morrow's strategy: add skateboarding to the list of hazardous recreational activities such as hang gliding, surfing and kayaking, exempting cities from liability. If the bill is passed and signed by the governor, it would be up to local governments to decide on helmet rules.

The move makes sense to Clark, who started a petition drive to repeal the existing legislation mandating helmets and pads for skateboarders. "This does not mean we are against wearing helmets," Clark explained. "Injury statistics in skateparks do not support a state law or health and safety code just for skateboarding. We believe it should be an individual or family choice and that nobody should be fined or arrested for their choice not to wear safety."

The International Association of Skateboard Companies supports the bill, but it is likely to face opposition from the Consumer Attorneys of California.

In Scotts Valley, more than 70 tickets for lack of safety gear were issued in six weeks after the city skatepark opened in August 2004. Skateboarding teens complained about paying $360 when caught going without a helmet at the skatepark. Much of the penalty was due to court costs, and the City Council cut its fines from $100 to $30 after hearing pleas from parents.

For information, visit www.realskate.com and www.sen.ca.gov/.

Contact Jondi Gumz at jgumz@santacruzsentinel.com.

History of skateboarding legislation

1993: Assemblyman Bill Morrow proposed AB 533 to add skateboarding to the list of 'hazardous recreational activities' so cities would not be liable for injuries at skateparks but the bill died.

1996: Morrow reintroduced the bill, AB 2357, which got through committee, then was rejected by the Senate's Judiciary Committee.

1997: Morrow introduced the bill again as AB 1296. Senate Judiciary Committee revised it, exempting cities with skateparks if they posted signs requiring helmets, elbow pads and knee pads. Morrow accepted the compromise, and the bill is approved by the Assembly and Senate.

1998: AB 1296 took effect Jan. 1, with a sunset provision Dec. 31, 2002.

2001: Morrow, now a senator, introduced SB 994 to extend AB 1296.

2003: SB 994, with a sunset provision of Dec. 31, 2007, signed into law in January.

2006: Morrow introduced SB 1179 to add skateboarding to the list of 'hazardous recreational activities' so cities would not be liable for injuries at skateparks. The state mandate for helmets while skateboarding would be lifted and cities would make their own helmet rules.

Read the full article by Jondi Gumz at the Sentinel

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Jondi Gumz / The Sentinel

Helmets - Surfersvillage