Compiled and Edited by BILL BISH,National Coalition of Motorcyclists
NEW MEXICO BIKERS BEAT NOISE LAW
Arguably one of the most onerous laws ever passed against motorcyclists was recently modified in favor of a more reasonable approach to the issue of noise. Following a peaceful demonstration by New Mexico motorcyclists who attended an Albuquerque City Counsel meeting in May, the counsel voted unanimously to amend the city’s current noise ordinance. It now states that:
“No person shall operate a motorcycle, which exceeds 99 dB, measured in accordance with SAE stationary test method J1287 or similar Department-approved method.”
“We have lobbied extensively with the city to repeal the part of the noise ordinance that states that motorcycle pipes must be labeled as made for the year, make and model of your bike,” said Barbara Alvar, Chairman of the NEW MEXICO MOTORCYCLE RIGHTS ORGANIZATION (NMMRO). “Essentially this says that if you ever replace your exhaust with anything other than stock pipes, you are breaking the law!”
The ordinance also measured the cumulative noise level of all motorcycles in a group, not just individual loud bikes, so an entire pack could be stopped and ticketed, effectively making it illegal to ride in groups.
New Mexico motorcyclists are still working with the city of Albuquerque on other traffic codes, such as repealing their handlebar height restrictions. Under New Mexico’s unique “Home Rule” provisions that allow communities to pass laws even if they conflict with state laws, the city of Albuquerque traffic code imposes a handlebar height limit, even though state statute was recently repealed.
ARIZONA MOTORCYCLES TO GET EMISSIONS EXEMPTION
Lawmakers in Arizona have decided to give motorcycles a pass from the state’s mandatory emissions test, the only state that requires motorcyclists to pass such testing.
“On May 6th our Emissions Bill HB 2501, which puts us as a ‘priority’ for the state DEQ (Department of Environmental Quality) to consider removal of motorcycles from the emissions testing prior to any plan submission to EPA, was signed by Governor Jane Dee Hull,” wrote Roger “Priest” Hurm, Chairman of the Board for the MMA of Arizona and member of the National Coalition of Motorcyclists (NCOM) board of directors.
The motorcycle exemption was backed by a variety of motorcycle clubs and organizations. Bobbi Hartman, a lobbyist for ABATE of Arizona, told THE ARIZONA REPUBLIC newspaper that motorcycles are only a small fraction of the vehicle fleet. Besides, she commented, the state’s emissions test isn’t designed to properly test motorcycles.
State records show that 26 percent of the motorcycles taking the test in 2000 failed while cars flunked at the rate of 16 percent, and opponents of the testing are quick to point out that those figures come from an idle test that is not a good gauge of motorcycle performance.
“Going to New Orleans was Good Luck for us,” said Priest, referring to the bill being signed by the governor during their recent trip to the NCOM Convention in Louisiana.
Also during the Convention, on May 9th, SB 1026 was signed into law guaranteeing and dedicating the $1.00 taken from each motorcycle registration to be spent for safety and education. “For 21 years, about $80,000 a year was taken and used by the ADOT for whatever,” said Priest. “Our re-dedication effort has been successful and we are now finally in position to control our money to save lives.”
WASHINGTON BIKERS WIN TWO — TWO TO GO!
Buoyed by recent successes, ABATE OF WASHINGTON approached this year’s legislative session as pro’s in the political process. And they came away with yet another win.
Two years ago, Washington became one of only a handful of states to repeal their handlebar height law. This time around, bikers lobbied successfully for their right to use “Blue Dot” tail lights, so-called because a blue crystal mounted in the center of the lens cover emits a bluish hue when actuated. Many riders use them for conspicuity, but most states’ traffic codes specify that a tail light must be red in color, and therefore they are illegal.
But the Washington State Legislature apparently agreed with the motorcycling professionals, passing the bill unanimously through both the House and Senate, and it was signed by the governor on March 27.
“Handle Bars two years ago and Blue Dot this year, next is Helmet and Discrimination Bills,” said Rich Bright, Legislative Director for ABATE of Washington. “It won’t be long and it will be legal to ride with Blue Dots in Washington, removing one more reason to stop me in my free travel across the state.”
COURT SIDES WITH BIKERS: SONOMA FAIR DRESS CODE UNCONSTITUTIONAL
A state appeals court ruled in San Francisco that a dress code used to keep a Hells Angels Motorcycle Club member out of the Sonoma County Fair in 1998 violated the California Constitution.
Stephen Gatto was ejected from the fairgrounds in Santa Rosa by two city police officers on Aug. 1, 1998, because he was wearing a vest that carried the insignia of the Hells Angels Motorcycle Club. The officers told him the vest was not allowed under the fair’s dress code. The code barred clothing “intended to provoke, offend or intimidate” others, including “offensive slogans, insignia or gang colors.”
In a case pursued by the Confederation of Clubs of Northern California, A.I.M. Attorneys Harris B. Taback and Joseph Wiseman successfully sued Sonoma County on behalf of Mr. Gatto. On May 24, a three-judge panel of the state Court of Appeal unanimously ruled that the dress code violated the state constitutional right of free speech because it was vague and too broad.
Justice Anthony Kline wrote in the ruling that the phrase “intended to provoke, offend or intimidate others” was so broad that it would be impossible for a citizen to determine what clothing items would be considered by a law enforcement official to be covered by the phrase.
Kline wrote, “These operative criteria are so highly subjective as to provide enforcement authorities almost unfettered license to decide what the dress code permits and prohibits.”
According to Aid to Injured Motorcyclists (A.I.M.) Founder, Richard Lester, who’s law practice and A.I.M. Attorney network has represented numerous bikers on discrimination issues, “The court decided that the 14th Amendment’s equal protection provisions precludes the government from excluding a person that is wearing club insignia from the public fair. Because the court published the decision, it can and will be cited as precedence in similar statewide cases, and other states can take judicial notice of the ruling.”
The appeals court upheld a trial court judgment awarding Gatto damages and attorney’s fees.
“The California Appellate Court has ruled that Mr. Gatto has the right to enjoy the County Fair while wearing the clothing of his choice,” said attorney Taback. “The Gatto appellate decision has been published by the Court, which means it can be relied on throughout the State of California by all of you to be secure in this right — you can wear your club’s insignia in a Public event as long as it does not present a clear and present danger of grave and imminent harm. So says the Appellate Court in Stephen Gatto v. County of Sonoma.”
In more good news, Taback and Wiseman have settled a similar claim for the Confederation of Clubs of Monterey Bay on behalf of members of Ancient Iron Motorcycle Club who got tossed from the Mushroom Festival in Morgan Hill, California. This settlement occurred after the A.I.M. Attorneys filed suit and began fighting for the club members’ rights in court.
Following the outcome of the appellate ruling, five Hells Angels who say they were kicked out of the 2001 Shasta District Fair for wearing their group’s logo filed a federal lawsuit against the fair board on Wednesday, June 12, the first day of the event’s 2002 run.
WIERD NEWS OF THE MONTH: POLICE NAME DRAWS LAUGHTER
Quebec criminals can’t stop laughing at the new name for Ontario’s police biker squad, a Canadian biker specialist says.
The initials for Ontario’s revamped biker squad, the Biker Enforcement Unit (BEU), are an insulting slang term for police in Quebec, Guy Ouellette, according to THE TORONTO STAR. “If you ask any French bad guys, they never call the police officers’police’,” said Ouellette, a retired member of the Quebec provincial police biker squad. “They call them ‘Pigs’ or ‘Beu.'”
“‘Beu’ means cop and it’s not a respectful thing.”
Ouellette said he grimaced when he heard the new initials for Ontario’s special biker unit, which had been called the Provincial Special Squad until last week. “When you pronounce that name in Quebec, everybody laughs,” Ouellette said.
Detective-Inspector Don Bell of the biker squad said he’s not concerned. “I’m not into acronyms,” Bell said. “The name change reflects our mandate.”
QUOTABLE QUOTES:
“Our target customer is unlikely to drive a motorcycle,” said Elena Ford, a fifth generation brand manager at Ford Motor Company who was jarred by the opening image of an ad depicting a Grand Marquis towing a motorcycle.
As brand manager for Ford Motor’s struggling Mercury car line, she is trying to reverse a serious sales skid in its most profitable model: the Grand Marquis, a big cruiser favored by the Geritol set. An adman counters that their research “index” finds Grand Marquis drivers “show a 100 percent propensity for buying motorcycles.”
She cuts him off. “I really don’t care where it indexes. It just doesn’t fit. They’re 70 years old, and they’re not driving motorcycles.”
–NEWSWEEK
