FENWICK ISLAND, De. - Fenwick Island's ban on low speed vehicles like golf carts has been overturned by a Delaware Chancery Court judge.
The town's ordinance to ban LSVs stood for just four months.
A Chancery Court judge in Georgetown ordered a restraining order against Fenwick's ordinance that banned low speed vehicles.
The judge said the town's ordinance conflicted with state law, which does allow low speed vehicles on roads with a speed limit less than 35 miles per hour.
Jim Winebrenner says LSVs are a safer alternative for getting around.
"The golf carts if they have a safe driver and they're in the bike plan, away from pedestrians it's probably safer than the drunk drivers that are on the road today," he said.
In banning LSVs earlier this year, the town's Mayor Vicky Carmean cited safety as a major concern.
In Chancery Court in Georgetown Wednesday afternoon, Fenwick's Town Solicitor said the town vigorously opposes allowing LSVs back on the road.
The town argued it has every right to regulate traffic and cars.
Matt Griffin, owner at Matteo's Salsa Loco says low speed vehicles are a great way for restaurants to transport customers especially with limited parking.
"I think it would be great to have golf carts in town it could shuttle people back and forth from the restaurant, keep people from drinking and driving. They're small, I think it's a great idea," Griffin said.
But in court, the town argued it has an obligation to protect cyclists and pedestrians. The town's solicitor argued allowing LSVs would make it harder to do that.