December 17, 2003

THE BISH INVESTIGATION–MOVIES, RESTAURANTS AND LEGAL WRANGLING

billbish

Bill Bish author and freedom fighter.

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. For more information, call us at 1-(800) ON-A-BIKE or visit us on our website at http://www.ON-A-BIKE.com

COAST TO COAST BIKER NEWS
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists

abate of wisconsin

CONGRESSMAN FOUND GUILTY IN BIKER’S DEATH, RESIGNS– Representative William Janklow, South Dakota’s lone congressman and former four-term governor, will resign after being found guilty of manslaughter in the death of a Minnesota motorcyclist who crashed his Harley-Davidson into Janklow’s speeding Cadillac as it blew through a stop sign at a rural intersection in eastern South Dakota this summer.

Police investigations revealed that Janklow was driving in excess of 70 mph in a 55 mph zone when he failed to stop and proceeded into the path of motorcyclist Randolph Scott, a 55-year old farmer from Hardwick, MN, who had no chance to avoid the collision.

On December 8th, jurors from Janklow’s boyhood hometown of Flandreau, SD took just five hours of deliberation to reject defense arguments that Janklow was suffering a diabetic episode that impaired his judgment and found him guilty on all counts, including second-degree manslaughter, reckless driving, speeding and running a stop sign. The Moody County jury of eight women and four men was not allowed to hear evidence about Janklow’s prior driving record which included numerous speeding tickets, so they reached their verdict based solely on the facts of the August 18 wreck.

Janklow faces up to 10 years in prison as a result of his conviction, and will be sentenced on January 20th, the effective date of his resignation from the U.S. House of Representatives. He could also face further civil actions by the Scott family.

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SENATOR CAMPBELL EXPRESSES CONCERNS TO NHTSA — U.S. Senator Ben Nighthorse Campbell of Colorado, a longtime motorcyclist and champion of bikers’ rights, has sent a letter to the National Highway Traffic Safety Administration expressing concern over NHTSA’s recent actions in regards to motorcycling issues.

In particular, Campbell’s December 10 letter is critical of the federal agency’s attempt to promote helmet laws through the United Nations, and the rewarding of a contract to complete a study of “Characteristics of Motorcycle Operators” which was improperly awarded six months prior to a public comment period requesting input on the study.

Campbell is one of several lawmakers who serve on the National Coalition of Motorcyclists Legislative Task Force (NCOM-LTF), and he has always stepped up to bat on important issues affecting America’s motorcycle riders.

american rider

EASY RIDER GETS STAR– Peter Fonda, who directed and co-starred in the iconic 1969 Academy Award-nominated biker flic “Easy Rider,” received the 2,241st Star on the famous Hollywood Walk of Fame on October 22, following in his famous father’s footsteps and hoping to carry on his legacy.

He is the son of Henry Fonda, who died in 1982, and the brother of Jane Fonda – both Oscar winners. His daughter is actress Bridget Fonda and his son Justin Fonda is a cameraman who worked on such films as “Vertical Limit” and “The Last Ride.”

“This is great for me to be able to join my father,” Fonda said at the ceremony. “I certainly hope my daughter and my son can join me soon.”

Fonda’s star is located on Hollywood Boulevard in front of the historic Roosevelt Hotel, while his father’s star is on Vine Street.

As for rumors of an Easy Rider sequel, the 64-year old Fonda recently was quoted as saying, “I’ve got maybe one more motorcycle movie in me.”

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EASY RIDER’S GRILL NOW WELCOMES PATCH HOLDERS– The New Mexico Confederation of Clubs is celebrating their first victory! For over a year, an Albuquerque, New Mexico restaurant “Easy Rider?s Grill” (no affiliation to Easyriders magazine) has had a sign posted stating that club colors were not allowed in the restaurant. As a result, the NMCOC had established a boycott of the popular restaurant. The NMCOC contacted the owner of the restaurant and adjacent Easy Rider’s Motorcycle shop about the offending sign, and is pleased to announce that Reinhart “Rhino” Sherman, president of the NMCOC, managed to convince him to remove the sign; therefore the NMCOC considers Easy Rider’s Grill — recently renamed “Rio Grande Big Dog” — to be on the list of COC friendly places.

Members of the NMCOC recently visited Easy Rider’s Grill to celebrate and thank the owner, Clif Fodge. “The COC was really pleased at how open Clif was to speaking with us and resolving this issue,” reports Rhino. “I think most folks are willing to see us in a positive light if we can just talk.”

The NMCOC plans to use this event as a benchmark to convince other New Mexico eating and drinking establishments to remove similar discriminatory signs.

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CANADIAN BIKER BEATS NOISE RAP– Ontario Confederation of Clubs independent member Ted Cairns was pulled over on the afternoon of May 18 while riding his 2002 Harley FLSTC at legal speed through the Peterborough area in the Canadian province of Ontario, and was stopped and ticketed for “unnecessary noise.” The police officer ran a tape measure up his Vance and Hines Longshots exhaust system, deemed them illegal on the spot, and handed Cairns a ticket for $110.00.

During his trial on December 8, Cairns lawyer David Ross pointed out to the court that the Highway Traffic Act does not define “unnecessary noise,” and showed the judge several cases of law that have been overturned on this basis. In all these cases the judges ruled that unnecessary noise had to be a direct and purposeful action of the defendant at the time of the charge or the unnecessary noise would not be subject to criminal charges. In Cairn’s case, the Crown Attorney argued that the simple act of switching from a stock exhaust system to the Vance and Hines was the act that created the unnecessary noise. The judge disagreed with the Crown and the case was dismissed.

“We can see that through this decision that Bill 241 (aka the Street Racing and Vehicle Modification Act) is a little less stronger than it used to be,” said Brian Dodds, recording secretary for the Ontario Confederation of Clubs. “By picking away at this ridiculous law, it can be amended or even repealed.”

BDL

BIKERS CHALLENGE CANADA’S “ANTI-GANG” LAW– Lawyers representing two Hells Angels MC members charged with extortion want Canada’s new “anti-gang” legislation struck from the Criminal Code. The law violates the Charter of Rights because it is too vague, defense lawyer Paul Burnstein told the Toronto Sun on November 29. He said this is the first constitutional challenge of the 2002 legislation.

The law defines a “criminal organization” as an organized group of three or more that commits serious offences for financial benefit. Burnstein said the definition is “vague” and infringes on the right to associate.

He said it could criminalize harmless or political association, thus violating the charter.

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BRITISH POLICE CONFISCATE “NUISANCE MOTORCYCLES” — A four-wheel all terrain vehicle (ATV) and three motorcycles have been confiscated by police in Burnley, UK as part of their continued crackdown on “motorcycle nuisance.” The four vehicles were taken away by police in response to a catalogue of complaints from residents on the Kibble Bank estate about motorbike riding, and owners of the vehicles received verbal and written warnings prior to their bikes being taken away. In removing the vehicles, police were exercising new powers which enable them to seize bikes that are causing alarm, distress or annoyance. Complaints reportedly eased considerably following the seizures, and Burnley police pledge to “keep up the pressure on those reckless motorcyclists.”

Bros Club

OZZY INJURED IN BIKE ACCIDENT– Speaking of Brits and bikes, 55-year old rocker Ozzy Osbourne suffered multiple broken ribs and other injuries when he crashed an ATV on the grounds of his country estate in Buckinghamshire, England on December 8th.

The accident happened during a day off from promoting his new single, “Changes” — a duet recorded with his daughter Kelly.

Osbourne fractured eight ribs and a vertebra in his neck and underwent emergency surgery to reconstruct his left collarbone and restore blood flow to his arm, but doctors said he was comfortable and stable in the hospital, reports Reuters news service.

GIMME MORE– In other celebrity biking news, the National Enquirer reported that actress Demi Moore bought her young lover Ashton Kutcher a brand new motorcycle, but he refused the gift.

Kutcher, who plays the character Kelso in the TV sitcom “That 70’s Show,” reportedly told Moore angrily; “You’ve got to be kidding me! I’m already getting enough crap about our age difference. Now people will start saying I’m your Boy Toy. If I need a motorcycle I’ll buy one myself.”

Moore is almost twice his age, and apparently twice as gutsy.

If he can’t handle it, get out of the kitchen.

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UPS YOUR’S– In last month’s column we told readers about a United Parcel Service ad for holiday employment opportunities that played on the negative stereotype of bikers, but enough concerned riders contacted UPS to complain that the company discontinued the print ad and began sending the following response:

“Due to the number of responses we have received, UPS will no longer be running the commercial in question. In no way did UPS intend the commercial to be offensive to motorcycle enthusiasts. We apologize for any objectionable material contained in the commercial.”

RANDY

WEIRD NEWS OF THE MONTH: BLOWN AWAY– Steve Dass of Walnut Creek, California says strangers stole his money. Dass was riding eastbound on Highway 4 when thousands of dollars flew off the back of his motorcycle. Eyewitnesses say busy freeway traffic came to a halt as dozens of people scrambled for cash. John Craig, a Pittsburg resident, said: “So everybody went crazy, everybody burning rubber, pulling over. So we pulled over, like naturally everybody hopping out…getting money.”

The CHP says Craig was the only one who returned some of the money. $200 dollars was recovered, but Dass is still out $7,000.

A frantic search in, around, and near the freeway turned up nothing. According to Daas, “I was keeping this money for my mother. It was $7,000 and I was going to go give it to her. This money is very important because it’s the last piece of money my mother has for herself.”

The California Highway Patrol says their initial investigation confirms Dass’ story and his intentions. “He told us he was going to use the money to take his mother furniture shopping for her new condo in Antioch,” said a CHP spokesperson. There’s one final component to this sad story: Mr. Dass was recently laid-off from his job.

Samson

QUOTABLE QUOTES: “Bad laws are the worst sort of tyranny.”Edmund Burke, British political writer and statesman (1729-97)

marlon - bob t.

Have a Merry Christmas and ride safe, goddamnit.–Marlon

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