Yes, but that still doesn’t make it right for the state to be able to prosecute you for not wearing one. It should be none of the state’s business if somebody wants to be dumb. In Texas motorcycle riders do not have to wear a helmet but people have to wear seatbelts in cars. Apparently bikers have better lobbyist than the general motoring public.
It’s the same in Wisconsin.
Neurosurgeons can be a demanding group with deep pockets.