Pam Guenther was enjoying a Saturday morning ride on the back of her
husband's motorcycle in Ocala, Fla., when a cop driving in the other
direction abruptly turned around and pulled them to the side of the
road.
"I knew we weren't speeding," Guenther told Asylum. "So my first
question was why is he pulling us over? [The officer] just pointed to
my husband and said, 'He's wearing a mask, and it's illegal to cover
your face when riding a motorcycle.'"
Luis Santiago's motorcycle helmet, a custom-modified gladiator-style head protector
(pictured), is certainly a bit different. Yet, as Guenther pointed out
to the officer, it doesn't obscure the face any more than the typical
tinted-visor biker helmet would. Nevertheless, the officer wrote
Santiago up a warning for "wearing a mask prohibited."
Asylum investigates the validity of this seemingly arbitrary traffic stop on the next page.
How Guenther responded
Irked by what had gone down, and sure her husband hadn't done anything
approaching illegal, Guenther contacted the Florida Highway Patrol. She
was eventually told that Santiago was in violation of Florida statute
FL 876.12.
"876.12 is a criminal statute based on an old (anti-) Klan law where
you are not allowed to cover your face or head," says Guenther, who has
sought legal counsel. "It isn't suppose to be a traffic rule that
applies to people on motorcycles."
What we found out from the Florida Highway Patrol
When we got in touch with Captain Mark Welch, the Chief of Public
Affairs for the Florida Highway Patrol, he also cited FL 876.12. In
addition, he speculated that the officer may have pulled Santiago over
because he wasn't sure if Santiago was wearing eye-protection, which is
required by state law. (Although, again, it's hard to see how
Santiago's helmet differs from some more traditional ones in that
respect.)
While it is true that a literal reading of 876.12 would prohibit face
masks, we asked Welch if it's typical for bikers to be cited or warned
on that statute. "This is somewhat unusual," he admitted. "In fact,
it's the first case that I know of."
What Guenther wants
Guenther feels that she and her husband were unfairly targeted by what
she describes as "a young officer jealous of a cool bike and a cool
helmet looking for a reason to pull us over." What she wants is for the
department to apologize and make clear that a biker protecting his face
is not breaking any laws.
Florida law doesn't require adult bikers to wear helmets
at all. (Florida does have a motorcycle helmet law , and under certain circumastances, you are not required to wear a helmet) So maybe the best way to limit the risk of being pulled over
while riding the streets of the Sunshine State is to throw caution (and
hair) to the wind and go without any head protection.
