Company that rented out motor scooters, which were deemed motor-driven cycles under state law, brought action against city for a judgment declaring that city ordinance that required renters of motor scooters to have a motorcycle license or motorcycle license endorsement was invalid.
Company also sought monetary damages and attorney fees and costs.
After a jury trial, the Circuit Court entered final judgment that declared that the ordinance was preempted by state law and that awarded company compensatory damages pursuant to the jury’s verdict. and the Court later entered an order that awarded company attorney fees. City appealed both the judgment and the order, and the Supreme Court consolidated those appeals.
The Supreme Court held that state law did not preempt the ordinance.