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

NCOM COAST TO COAST BIKER NEWS
Compiled and Edited by BILL BISH,
National Coalition of Motorcyclists

EMISSIONS OUT OF CONTROL The National Coalition of Motorcyclists (NCOM) is urging all concerned motorcyclists and motorcycle organizations to write to the federal Environmental Protection Agency and voice their opposition to new EPA motorcycle emissions regulations which will drastically alter the way motorcycles are built in the future by reducing allowable tailpipe emissions by more than 80%, necessitating the use of catalytic converters, fuel injection and liquid cooling.

The EPA has extended their comment period until January 7 to allow concerned motorcyclists to respond to their proposed rulemaking. You can write to the EPA at the following address:

Margaret Borushko
US EPA
National Vehicle & Fuels Emissions Laboratory
2000 Traverwood
Ann Arbor MI 48105
*Refer to: Docket A-2000-01 (Emission Control Issue)

NCOM has sent letters to nearly 2,000 motorcycle shops enrolled in their Independent Shop Program (ISP) nationwide, urging them to comment on the EPA proposed new emissions standards, as well as contact their congressional representatives and urge them to co-sponsor HR 5433, the ?Motorcycle and Motorcycling Small Business Protection Act,? introduced by U.S. Representative James Barcia of Michigan. Also known as the Barcia Act, this legislation would establish reasonable emissions standards for street motorcycles and will safeguard thousands of small businesses threatened by the EPA rulemaking.

?The Barcia Act will safeguard jobs and protect motorcycling in America, thereby reducing fuel consumption, traffic congestion and air pollution,? writes Richard Lester, Founder of NCOM.

Please contact your congressman today, because tomorrow may be too late!

UNTHINKABLE? Steve Lundwall, state director of CMT/ABATE of Tennessee, and newly elected board member for the National Coalition of Motorcyclists (NCOM), made an excellent point in identifying misconceptions as perceived by those who think that “It’ll never happen here” during an interview with Twiggy for the December issue of Easyriders Magazine.

“As I’m out riding, I take great interest in talking with other bikers and I’ll ask questions like, ‘What do you think of the EPA’s proposal to tighten up emissions standards to the point of eliminating carburetor bikes by 2006?’ I get a blank stare. Or, ‘Did you know that your employer doesn’t have to cover your medical costs if you get hurt on your bike, even though you have insurance?’ Once again, they look at me like I’m talking in a foreign language. Maybe I’ll ask, ‘What do you think about the new End of Life legislation that already exists in two European countries and might be adopted by the European Union?’ I then have explain that End of Life legislation would prevent any car or bike older than 15 years from getting a license. Eventually, I may get a response, and typically it’s something like, ‘That’ll never happen here. That’s unthinkable.’

“The problem is that in today’s society there are no more unthinkable ideas. Sex in the Oval Office use to be unthinkable. Declaring the Pledge of Allegiance unconstitutional used to be unthinkable. A bunch of lowlife cave dwellers destroying our best know symbols of commerce and shattering our sense of security used to be unthinkable. The list could go on, and on, but yet every single one of those things have happened.

“So, why is it unthinkable that motorcycles will be outlawed? Why is it unthinkable that End of Life legislation will be passed? I get tired of people telling me that either they aren’t threatened or they can’t do anything about it. But when it comes to freedom of motorcycling, I’ll pick my fights.”

Steve’s best advice? Get involved, and join your local motorcycle rights organization.

TEXAS LAWMAKER PROPOSES TAX ON ENGINES Cars, off-road equipment and many motorboats and motorcycles would carry a $5 to $7 annual fee to raise money for air pollution-control programs under a proposed new law by Texas State Representative Warren Chisum, the House Environmental Regulation Committee chairman, who said he will file legislation that would require an environmental impact permit sticker on vehicles with a 50-horsepower engine or larger.

“What we are saying is if you have an impact on the environment, that you are going to pay an impact (fee),” Chisum, of Pampa, said after presenting the idea at a clean energy policy forum. “Granted some of you have a greater impact than others, but still everybody has an impact.”

He said he hoped the fee would raise about $188 million annually through 2007. Lawmakers are under pressure to come up with the funding, which is needed to help bring the Houston and Dallas regions into compliance with federal clean air laws.

The plans must meet Environmental Protection Agency approval. If they don’t, the state could lose hundreds of millions of dollars in federal highway money.

Lawmakers last year had approved legislation, Senate Bill 5, that would allow money to be raised through increasing the out-of-state vehicle registration fee from $1 to $225, but the fee was found to be unconstitutional.

“This is not a new tax,” Chisum said. “It’s a different mechanism for funding the same issue.”

Chisum’s plan could meet some criticism, but state money is tight. Comptroller Carole Keeton Rylander has projected the state could face a $5 billion shortfall.

PENNSYLVANIA REPEALS HANDLEBAR HEIGHT LAW “House Bill 152 was signed into law by the Governor on December 9, 2002, and it repeals the requirement that motorcycle handlebars must not be above shoulder height and adds the requirement that all bikes built after 1973 have their headlights on during the day and night,” reports Boyd Spencer, A.I.M. (Aid to Injured Motorcyclists) Attorney for Pennsylvania and New Jersey, and legal counsel for the Pennsylvania Confederation of Clubs.

HB 152 amends Section 3524 of the vehicle code, which deals with footrests, handlebars and handholds for passengers, to delete references to handlebars altogether. Previously, the law stated that “NO PERSON SHALL OPERATE ANY MOTORCYCLE WITH HANDLEBARS ABOVE SHOULDER-HEIGHT OF THE OPERATOR WHILE PROPERLY SEATED UPON THE MOTORCYCLE.”

It becomes law on February 7, 2003.

MASSACHUSETS MOTORCYCLISTS SUE CITY OVER NOISE ISSUE The Massachusetts Motorcycle Association (MMA) has announced its intentions to file a class action suit against the city of Newburyport after 230 motorcyclists were issued excessive noise citations despite the fact that only three noise complaints were filed by residents over the last three years.

After reviewing more than 1,500 pages of Police Department documents, MMA Legislative Director Paul Cote said his organization is questioning whether motorcyclists’ civil rights were violated in the city, especially considering that many of the citations were issued without sound metering equipment.

On September 19, six months after the MMA requested the documentation, state Supervisor of Public Records Alan Cote ordered the police to release the public documents. What the MMA found after analyzing reams of public “noise” documents was that “Out of the 2,321 noise complaints filed in the last year, three complaints were about motorcycles — so for me the question is, what’s all the noise about,” Cote said. “We have enough people to file a class action suit against the city and Police Department.”

Cote said that the MMA plans to bring a class action lawsuit against the city for an estimated $150,000 — the amount in damages to some of the 230 cited riders over the last three years.

Newburyport District Court Judge Peter Doyle has “stayed” all the on-going contested citations awaiting Appeals Court rulings on four cases.

The citation for excessive noise carries a $50 fine, an increased insurance premium of 7 percent for six years, and if more than three citations are issued, the loss of a license for 30 days.

Cote said he believes the city has violated the civil rights of motorcyclists — especially after Patriots Day weekend when over 50 motorcyclists were issued citations. Some motorcyclists say they were detained at roadblocks, harassed, told to “stay out of my town,” and threatened with having their motorcycles confiscated by police Inspector David Foley, who led Newburyport Police on their “Motorcycle Noise Abatement” policy of “directed patrols” this past summer.

Cote said that while only three formal complaints in regard to on-road motorcycles were made in the last three years, the number of citations against motorcyclists continues to grow. In 2000, Cote says there were three noise citations against motorcyclists, but that number grew to 40 citations in 2001, and there were 187 citations filed in 2002. “The number of citations doesn’t reflect residents’ complaints,” he said.

In response to the citations, many motorcyclists have boycotted the city. “There’s definitely an unofficial boycott of the city,” Cote said. “The economic impact to businesses in Newburyport is a $6 million loss. People aren’t coming there even in their cars.”

COP FOUND “NOT GUILTY” IN BIKER’S DEATH The former Rockford, Tennessee police officer who ran down a motorcyclist was found “Not Guilty” of vehicular homicide by a Blount County Circuit Court jury on November 25.

In September 2001, James R. Johnson was indicted by a grand jury for allegedly killing motorcyclist Philip Mickey Laton on March 10, 2001, by running the motorcyclist off the road with his patrol car. Johnson was patrolling old Knoxville Highway in the Rockford area when he received a radio report of a speeding motorcycle coming up behind him.

Johnson told investigators that he then turned on his emergency lights in order to get the rider to slow down, but the motorcyclist lost control and hit a guard rail, and then slid into the police car.

Later, a witness told police that the cruiser had swerved into the path of the approaching motorcycle, causing it to crash. A review of the videotape from the officer’s patrol car confirmed the witness’ account, and Johnson was charged in connection with Laton’s death.

But the jury took less than 30 minutes to return the not guilty verdict, apparently buying into the defense’s argument that Laton’s judgment and reactions were impaired by alcohol, although Laton’s blood-alcohol level was under the legal limit.

The Laton family has filed a $7 million civil lawsuit against Johnson, the Blount County Sheriff’s Office and the now defunct Rockford Police Department.

Due to other incidents, including another motorcyclist who suffered near-fatal injuries following a high-speed chase by another Rockford police officer along Old Knoxville Highway, and a woman who was killed when her car was hit by a Rockford police vehicle, the Rockford city commission voted to disband the city’s four-member police department during an emergency meeting on June 5, 2002.

JAPANESE BUST BIKERS BANNED BY LAW Three biker gang members face up to six months in jail or a 100,000 yen fine after earning the dubious honor of being the first people arrested under a controversial ordinance aiming to rid the Peace City of threatening motorcyclists, police told the Mainichi Shimbun newspaper on November 24.

Police said the three were arrested for violating a Hiroshima Municipal Government ordinance banning biker gang members from assembling in the public areas throughout the city.

“Long plagued by violence from biker gangs, Hiroshima’s contentious ordinance was enacted in April. It forbids biker gangs from assembling in public areas throughout the city, but requires authorities to issue at least three warnings to break up before arrests can be made,” the newspaper reported.

Police told the newspaper that one adult and two teenagers were wearing the uniforms of a biker gang when they assembled with about 60 other bikers in a Hiroshima park on Saturday night. Officers arrived and ordered the bikers to go away, but three of them refused to do so. After standing their ground through another two warnings, they were arrested.

WEIRD NEWS OF THE MONTH: BEER ‘N DEER According to the Darwin Awards, which honors those who have made the supreme sacrifice in cleansing the gene pool, an EMT in southern Georgia was part of a unit that responded to a call from Coffee County late one night in June 2002. They arrived on the scene and found a severely injured man lying at the edge of a field. His stomach had been completely torn open, and he was covered with lacerations and bruises. He also had a prominent tire tread across his chest. The injured man’s companion showed up in a racing model ATV, clearly intoxicated, and gave the following account.

He and his injured friend had been drinkin’ and ridin’ around the field on the three-wheeled ATV, when they sighted a stand of deer in their headlights. The friend, riding the back as a passenger, was struck with a great idea. “Hey man,” he said, “If you quarter off one a those deer, betcha I can bulldog ‘im.” The driver thought this was an entertaining idea, so he proceeded to isolate a buck and race him down. His intoxicated passenger proceeded to leap from the ATV, grab the buck by the antlers, and perform an excellent example of this rodeo sport. He pinned the animal’s head to the ground, but that’s when things went wrong. The buck, less docile than a steer, simply got up, threw his head back, and tore his assailant’s belly open. The deer then proceeded to stomp, kick, and butt him for good measure.

The EMTs noticed that this information accounted for all of the injuries except one. When they asked the driver about the tire track across his injured friend’s chest, he responded: “Well how else was I s’posed to git the deer off ‘im?”

GOOD SAMARITANS CAPTURE HIT-AND-RUN DRIVERS Two young Southern California men were following behind a Harley-Davidson in the city of Brea when a Ford Expedition made a sudden left in front of the motorcycle, clipping the rider’s right leg.

Shaun Linder and Matthew Newcomb pulled over to help the injured motorcyclist while the SUV sat nearby. Charles Kenney, the biker, was holding his leg, crying and screaming for help.

Linder carried Kenney to his car and drove him a short distance to Brea Community Hospital. He was returning to the scene when Newcomb, who had stayed with the motorcycle, motioned to him and yelled that the Expedition had driven off.

Newcomb jumped into Linder’s car, and they drove down several streets, searching for the SUV. They had just about given up when they spotted the red Expedition and Linder said he tried to make a citizen’s arrest.

Linder said he reached speeds of 80 mph as he followed the SUV to an industrial park, where the Expedition pulled into a parking space.

Newcomb hopped out of the car and approached the SUV, holding a Global-Positioning System against his ear. A couple was sitting in the front seat, while three little girls and their grandmother peered at him from the rear seat. “I told them I was on the phone with police and that they were coming,” Newcomb said. “Then they backed into me.”

Newcomb said he fell to the ground and got up only to have the vehicle reposition and ram into him again. His body hurtled onto the vehicle’s hood, and he grabbed a windshield wiper. Linder pulled his car in front of the SUV, blocking it in.

Luckily, another witness had called police, who arrived about 5 p.m., 11 minutes after the collision.

Patricia Summers, 39, was arrested on suspicion of felony hit-and-run and felony driving under the influence. Bradley Summers, 40, was arrested on suspicion of assault with a deadly weapon and DUI. The couple’s three daughters, ages 6, 9, and 11, were released to relatives.

Police believe that Patricia Summers was driving drunk when she slammed into the motorcyclist, and suspect that she later switched seats with her husband.

Kenney suffered fractures to his right leg, right elbow and pelvis.

“They’re my heroes really,” he said of Linder and Newcomb. “Without them, I wouldn’t have anything to go on, no case at all.”

Newcomb, 25, attends Fullerton College. Linder just finished up at the community college and plans to transfer to California State University, Fullerton.

Linder considers lending a helping hand a citizen’s responsibility. “If that happened to me, I would want people to do the same thing,” he told the Orange County Register. “It was the right thing to do.”

ABATE of California plans to reward the dynamic duo with a “Good Samaritan Award” for their act of heroism.

QUOTABLE QUOTES: “One man with courage makes a majority.”ANDREW JACKSON, “Old Hickory”
(1767-1845) 7th U.S. President and Military Hero of the War of 1812

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

From The GUNNY’S SACK

A New Year Is Upon Us Again. And WOW! We got through another, and our accomplishmentsabound around the country. The motorcycle community is closer together now than it everhas been. The National Coalition of Motorcyclists (NCOM) has grown along with theConfederations of Clubs across the country. The various State organizations are growingin most areas, and we ARE coming together. We still have a huge fight on our hands,especially in this current political climate, but it was refreshing for me to see theresponse of our motorcycle world at the polls this year.

Our people are also waking up to the fact that we should NOT drink and ride. The statsI’ve seen show about a ten percent drop in alcohol-related accidents. Unfortunately, thestats also say there seems to be an increase in motorcycle accidents involving those ofus over forty years young. Do we need to take some riding courses and sharpen ourselvesup? Rider training is a positive thing for ALL of us on scoots. You young peoplewouldn’t hurt yourselves by taking a course either. It just makes good sense. I knowyou’re all experts because you’ve told me so, but a little training doesn’t hurt. It’scheaper than chrome and doesn’t get dull with wear, it gets BETTER instead.

GUNNY’S NEW RIDE: As some of you know, I bought a new Gold Wing in October. Sue and Iplan to do some touring soon so I thought we’d get ready. This new bike is completelydifferent than any other scoot I’ve ever owned. It takes some time to get used to thedifferences in handling, the way it feels sitting on it, radial tires, and the brakingsystem. The thing even has a reverse gear for help in backing away from that curb thatdrops away from you. There is cruise control and Oh My God! TUNES on the radio and evena CB and intercom so the better half can talk to me instead of scream at me.

All this newfangled stuff means I need to train myself to ride this bike safely. Whenever we don’t ride for awhile (as in the winter) or get new rides, it means we needto tune ourselves up and re-learn or wake up our sleeping sensitivities to our rides. Asmachines get older or are replaced, we find little things new or things we forgot thatneed to be kept in mind for that terrifying moment when we need to avoid some dipstickwho’s trying to kill us!

This scoot is SO much fun, I’m riding more than I did on the old one, even if it iswinter here in central Oregon. The cold also brings it’s little foibles, such ashypothermia and dehydration. Both these critters can get you in serious trouble so youneed to be aware. Be sure you layer clothing and take care to stay warm. Drink lots ofWATER. Notice it wasn’t spelled B-E-E-R. If you start to get chilled, stop and have acup of coffee or soup in a warm place. You can tell if you are starting to gethypothermic if it’s hard to keep your mind on what you’re doing, and usually you’vestarted shivering some. This is a dangerous place to be, so get yourself warmed upquick, ?cuz it’s a killer.

I’m taking good care of myself this winter…How about you? I have my electric clothingand I carry water in the saddle bags.

NEWS BITS’N PIECES:

MIAMI: The idea of using motorcycles to respond to emergency situations is spreading likewildfire. The firefighters of Miami-Dade county in Florida are proposing their use inthat area, for their EMT’s. The feeling is that quicker response will save lives bygetting much faster response, since a scoot can scoot through the usual traffic gridlockof accidents, especially on freeways.

ELECTRIC SCOOTS: For a measly $99.00, I saw on the ?net that you can now buy your kids a10 mph electric scooter. Just plug it in and charge it up. The kids can ride for about8 miles. It’s got a 100-watt motor and takes 3 to 4 hours to charge it up. Hells Bells,I’d even enjoy one!

TORONTO: Early December the motorcycle show here introduced some motorcycles never beforeseen by our northern neighbors. Aprilia and Benelli made their debut in this country. The 1000 cc Caponord is the Italian company’s first motorcycle to be sold in Canada. This tourer will give Suzuki’s V-Strom a run for it’s money. Benelli’s 900cc Tornado isa hot one with 140 hp. This with many other makes and models made this the motorcycle”show of shows” for Canada this year.

PICKERINGTON, OHIO: If you’ve never been to the Motorcycle Hall of Fame Museum, this yearwould be a good one to make the trip. Progressive Motorcycle Insurance Company plans the”Heroes of Harley Davidson” Exhibit, opening in 2003 to coincide with Harley’s bigbirthday celebration. This will show us a century of growth in Harley-Davidson from agarage shack in the back yard to the sprawling industry it is today, employing thousandsof our people across the country, and giving thousands others of us the pleasure ofreliable motoring enjoyment.

YOU ARE A SUSPECT!.. We already have the US PATRIOT Act to contend with, and now there isa new even more invasive threat on the horizon. It’s called the Homeland Security Act,or as our Oregon A.I.M. (Aid to Injured Motorcyclists) Attorney Sam Hochberg prefers tocall it, the FATHERLAND (as in the Third Reich) Security Act. And if this JohnPoindexter, who is a convicted felon, a Doctor of Physics, and former National Securityadvisor to President Reagan, gets the power he wants with this bill, we as citizens arein about the same place Poland and Hungary were at the beginning of the Second World War!

Our government will have the power to monitor everything every person does in his or herpublic life. He will know more about you than your mother does! Every credit cardpurchase, prescription filled, what magazines you subscribe to, your speeding tickets,and your drivers license number and expiration date, marriage and divorce records,whether you rent or own and almost the color of your socks on Monday morning. We will infact live in a POLICE STATE. Even those new outdoor police cameras will be connected toface-scanners, eventually, to have a little dossier on everyone. He will have the dreamof what they’re calling “Total Information Awareness” (or TIA) on every person in thiscountry. And don’t kid yourself, he WILL USE IT to make himself the most powerful man onearth.

This convict heads the “Information Awareness Office” in our Defense Advanced ResearchProjects Agency, the people responsible for starting the Internet and stealth aircraft,and their official motto is “Knowledge is Power.” The disgraced Navy Admiral has beengiven $200 million of our tax dollars to create dossiers on every one of our people. Just how do you think he will treat Motorcycle Clubs and Associations? We had better bewriting our Congressmen and Senators about how we feel about this monumental intrusioninto our lives. Now I KNOW there’s good reason these days to monitor SOME folks whomight be a 9/11 level of threat; but you can FIND those folks, as I see it, withouthaving to snoop on every American, reason or not.

All this is news printed in the New York Times, The Washington Post, and other largenewspapers all over the country. This is a terrible threat to Freedom in this countryand we need to keep a wary weather eye on this very powerful man and on the proposedlaws. He has no more regard for our freedom than the man on the moon. And we need tospread the word to those that are not so aware.

I don’t know about you but this all scares the skivvies off me, and I gotta tell ya THATain’t a purty sight.

REMINDER: The good people at the Aid to Injured Motorcyclists (A.I.M.) Program are inplace for our protection from unscrupulous insurance adjusters and companies. And SamHochberg asked me to remind you that if you are in a wreck and the adjuster soundspleasant and you’re comfortable dealing with that adjuster, then you’re probably REALLYready to get reamed! If an adjuster calls you, Sam’s motto is “Just say NO; but THENcall a lawyer!” If you get in a bind, call your nearest A.I.M. Attorney or use theA.I.M. 24-Hour Hotline: 1-800-531-2424 (or 1-800-ON-A-BIKE, or online:www.ON-A-BIKE.com), and these guys will take good care of you. They are riders and arevery aware of the world we live in on the highway. Sam’s office here in Oregon can alsobe reached at 503-224-1106 or 1-800-347-1106 toll free. He’s online atSamBikeLaw@aol.comKeep the round side on the bottom.
Gunny, Oregon A.I.M. Chief Of Staff

Antique flicks courtesy of Bob T.

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

NCOM COAST TO COAST BIKER NEWS
Compiled and Edited by BILL BISH,
National Coalition of Motorcyclists

BIKER WINS VOTING RIGHTS FOR PRISONERS The Supreme Court of Canada has ruled that prisoners have the right to vote in elections. The challenge to the law was launched by Richard Sauve, a one-time motorcycle club member from Ontario who was sentenced to life in prison for murder.

He has since won parole, earned a university degree and has continued to campaign for voting rights for those who remain in prison.

By a 5-4 margin, the high court concluded Thursday that the federal government had failed to demonstrate any overriding social objective that could justify such an infringement of the Charter of Rights.

At issue was a section of the Canada Elections Act, passed in 1993, that denied prisoners serving terms of two years or more the right to vote in federal elections.

The ruling doesn’t guarantee that federal prisoners will ever actually get to vote because Parliament could pass a new law before the next election — although it’s not clear how much room the government has to maneuver.

POLICE HARASS CONFEDERATION MEMBERS Although the Eastern Pennsylvania Confederation of Clubs has met at the VFW Post in Darby for two years without incident or any problems with the neighbors or the police, and no breach of the peace has occurred during that time, beginning with their June COC meeting the local police began a pattern of harassment by taking down the license tag numbers of all the bikes in the parking lot.

Then at the August 22, 2002 meeting, Darby police gave parking tickets for every conceivable violation while the meeting was in progress, including some parked on private property with the permission of the owner. After the meeting, they, with the help of law enforcement officers from about four other local townships and some federal agents, stopped every biker who left the meeting as soon as they started to ride away, held some for extended periods of time, and interrogated them as they were extensively photographed and unlawfully searched.

According to reports, the apparent architect of the police action was the Chief of Police of Darby Borough, Robert F. Smythe, who stated outside of the VFW that he did not want “bikers” in his town, and would enforce the rules so that they would no longer meet in Darby Borough.

Many of the bikers were told by officers that certain club’s members were not to return to Darby. This is a clear violation of First Amendment rights to assemble and of association. Two bikes were impounded for high handlebars and one pickup truck was held for a day for lack of proof of insurance.

Aid to Injured Motorcyclists (A.I.M.) Attorney Boyd Spencer has filed a Civil Rights Complaint in the U.S. Eastern District Court for the District of Pennsylvania, requesting declaratory and injunctive relief to prevent further actions by the defendants (Police Chief Smythe, the Darby Borough PD, and 25 other officers), and for monetary damages for their actions.

The suit (02-CV-7707), which will be heard by the Honorable Judge Marvin Katz, alleges unconstitutional actions by the law enforcement officers, and further describes violations of the bikers rights protected under the First, Fourth, and Fourteenth Amendments to the United States Constitution.

“It has become evident that Defendants, and particularly Defendant, Robert F. Smythe, have developed and continued to engage in a pattern and practice of harassment, profiling, and selective enforcement intended to interfere with Plaintiff’s constitutionally protected rights to freedom of association, freedom of assembly, freedom from unreasonable searches and seizures, due process of law, and equal protection under the law,” states the lawsuit.

Stay tuned for further developments.

MASSACHUSETTS MOTORCYCLISTS QUESTION INSURANCE DISCREPANCIES A motorcyclists’ group has hailed new support from the auto-insurers industry as a major step toward ensuring motorcycle owners get fair access to coverage options, reported the Boston Herald in their October 22 Business News section.

The Massachusetts Motorcycle Association claims that insurance policies in the state have for years unfairly treated motorcyclists differently than car drivers, and sent advocates to participate in the insurance industry?s annual rate hearings to voice their concerns.

On August 22, 2002, Betsy Lister and Paul Cote appeared and testified at the rate hearings, and distributed written submissions prepared by the MMA requesting that the Insurance Commissioner investigate “unfair, discriminatory, excessive pricing, and violations of public policy involving motorcycle coverages and rates.”

Consequently, the auto insurers agreed recently with several key proposals that the motorcyclists’ group sought, though the final decision still rests with state Division of Insurance Commissioner Julie Bowler.

Paul Cote, a spokesman for the bikers’ group, said the insurers’ support bodes well for a favorable decision from Bowler. “It’s a major breakthrough,” he said. “We’re grateful that they see the inequities and are taking steps to address those inequities.”

In an October 17 letter to Bowler, a lawyer for the Automobile Insurers Bureau of Massachusetts wrote that the group supports the following reforms:

Giving discounts to motorcyclists who install certain kinds of anti-theft devices, namely vehicle-tracking equipment. Currently, they don’t receive any discount.

Allowing motorcycle riders to buy vehicle insurance with up to $25,000 in optional medical coverage. Currently, such policies can cover up to $5,000 in medical costs for bikers, while auto owners can buy coverage with a limit of $100,000.

Allowing motorcyclists to have their premiums based on appraised values of their bikes instead of book values. Car owners already have that option.

The motorcyclists also want to extend multi-vehicle discounts to bikes, similar to car owners, but the insurers didn’t offer support for that change.

Chris Goetcheus, a Division of Insurance spokesman, said Bowler was receptive to the motorcyclists’ concerns, and will likely issue a decision within the next few weeks.

BIKERS BOYCOTT MYRTLE BEACH During the early morning hours of May 18, 2002 a couple riding a motorcycle were killed at the Myrtle Beach Spring Bike Rally when Lance Cpl. James J. Costello proceeded through a yield sign and collided with them in his unmarked Horry County Police cruiser.

Just prior to the Fall Motorcycle Rally, Horry County Solicitor Greg Hebree decided not to charge the 15-year veteran in the deaths of the two motorcyclists, Victoria Lee Zickafoose of Georgia and Charles Eugene Heyde Sr. of Michigan.

“For many years the local government and police force have been far less than biker friendly,” according to a press release by the Sons of Liberty Riders, a motorcyclists rights organization that rides the information super-highway as an Internet discussion group. “However, the latest incident and failure to bring appropriate charges has motivated bikers to take action.”

SoLR has called for a boycott of Myrtle Beach, and bikers from across the country are now supporting the boycott action, including ABATE of South Carolina where the Myrtle Beach rallies are held. “The purpose of the boycott is to educate the general public on some of the injustices served on only some classes of citizens, while bringing economic woe on those that promote the injustices,” says the SoLR. “Horry County had the opportunity to prosecute the guilty and failed.”

Police investigators insist that there is not enough evidence to support charges or disciplinary action, and an article in The Sun News suggests that, “Grand Strand officials say they aren’t worried about motorcyclists’ plans to boycott the Myrtle Beach area,” and hope that their effort will fizzle as memories fade prior to the spring Harley-Davidson rally.

But bikers from as far away as Maryland, Pennsylvania and Iowa are upset about the way the two motorcyclists’ deaths were handled during this year’s May rally, the paper stated.

“Through the power of the Internet e-mail system, I was informed of this tragedy,” Mary Bowen-Brown of Mechanicsville, Maryland, told The Sun News. “Once the e-mails are forwarded and contacts are made through different bike organizations, you can believe there will be thousands of bikers making their decisions not to return to Myrtle Beach this spring.”

The Carolina Harley-Davidson Dealers Association Myrtle Beach Rally is scheduled for May 9-18. 2003.

Stephanie Durham of Jacksonville, Florida, Zickafoose’s sister, doesn’t ride a motorcycle but is planning on coming to the May rally. “[I want to] basically express my discontent with the way things were handled,” she said. “I want it to be known that this happened and this is not going to be covered up or forgotten about.”

FLORIDA CONSIDERS MOTORCYCLE RESCUES Rescue workers are hoping a motorcycle fleet will help them save lives on Florida’s highways. Under a proposed program, Miami-Dade County firefighters would respond to emergencies on specially designed motorcycles, navigating through gridlock to accidents before other emergency vehicles arrive.

All county firefighters are trained as Emergency Medical Technicians and would have access to defibrillators, oxygen tanks and first aid kits.

“Here in (Miami) Dade County, traffic is a nightmare. There’s a lot of construction. Often when there’s an accident, it’s difficult for emergency vehicles to get to the people,” fire department spokeswoman Shari Holbert Lipner told the Associated Press (AP). “This is another way to get to citizens faster.”

The motorcycle officers would handle minor injuries when larger units must focus on more critical situations, Lipner said.

Such programs exist in Europe, but there are none of similar scale in the United States, Lipner said. The Daytona Beach fire department has a program with four motorcycles that’s used mainly on special events, such as Bike Week.

BMW has offered to donate 10 model 1100 RT-P emergency rescue motorcycles, which the firefighters would ride in pairs — reminiscent of the late 1970s TV show “Chips.”

The Miami-Dade County Commission will consider approval of the program in November, and the fire rescue bikes could be on the road by fall next year.

WEIRD NEWS OF THE MONTH: JUST YOUR AVERAGE JOE The average driver emits more than 912 pints of gas (farts) inside a car during his or her lifetime. This strange factoid, and others, was revealed by BBC Top Gear magazine in a list of statistics profiling the average driver.

The survey also found the average driver will have sex in a car six times in their lives. They will spend around two hours and 14 minutes kissing in their vehicles, researchers found. Mr. or Mrs. Average will swear or blaspheme 32,025 times behind the wheel. And peckish motorists each munch through about 21 lbs of chocolate as they trundle along. They will also nod off at the wheel 11 times and jump 181 red lights. The average driver will also honk the horn 15,250 times in a lifetime and be locked out of their car nine times.

Mr. or Ms. average driver believes their driving is better than 87% of other drivers and they pay attention to only 35% of road signs. In a lifetime of journeys, the average woman driver will throw two-thirds of her body weight out of the window as rubbish or other matter, while men will throw their entire body weight out.

No statistics were issued regarding motorcycle operators.

QUOTABLE QUOTES: “It is dangerous to be right when the government is wrong.”Francois Marie Arouet (aka: Voltaire), French Author and Philosopher (1694 – 1778)

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

The shots that dazzle the news were the creative products of Paul Davis while attending a CBA and ABATE annual swapmeet in North Carolina–enjoy.

From TheGUNNY’S SACK

I gotta tell ya folks, if ya didn’t get to the NCOM (National Coalition of Motorcyclists)Regional Meeting in Portland, OR on November 2nd, ya missed out on not only a great timebut a great experience with talking to and hearing some very knowledgeable freedomfighters from around the country.

The meeting was at the DoubleTree Inn at Jantzen Beach right on the Columbia river. First time in ten years in Oregon. Saturday morning the festivities took off like ashot.

The thing started with an NCOM Board of Directors meeting that all were invited to. Wereceived reports on the status of our fight for personal freedoms across the country. People like “Doc” Reichenbach the NCOM chairman of the board, Florida’s ABATE presidentand lobbyist for motorcyclists in that state. This man can walk into the governor’soffice in Florida (Jeb Bush, our President’s brother), without an appointment. BillCarlton from TMRA (Texas Motorcycle Riders Association) also let us know what ishappening there. Dennis “Big D” Watson from New Mexico gave us a report on his regionand also what is happening in the NCOM “Outreach” program, working with ALL segments ofour riding community, not just street riders.

Later on, Doc gave us some insight on what the proposed “EPA” regulations will do tosmall motorcycle business ventures around the country. So many people are adverselyaffected by some of these hair-brained schemes from bureaucrats. The monetary costsinvolved will have devastating effects on every state’s economies. We’re talkingHUNDREDS OF MILLIONS of dollars in lost revenues because of the closures of small bikeshops and lost jobs in EVERY state. And this country is in recession right now.

Butch Harbaugh, our own Oregon Freedom Fighter and chairman of the NCOM Legislative TaskForce and former Oregon motorcycle lobbyist gave us an overview of the fight for bikers’rights across the country. Things are looking positive overall, but we have so much moreto do. Jeff Rabe, lobbyist for the Modified Motorcycle Association of California andliaison for the Northern California Confederation of Clubs, and wearer of several otherhats, led us on a discussion of working with other lobbyists from other organizations toincrease our clout in the legislative halls in our own states. It works, and if you takea look around you will find many of the issues we have affect others as well. We canwork together in many ways.

Marty Fox, A.I.M. Attorney for Washington, gave a talk about 1st Amendment rights in thatcase you may have read about in Carson City, NV where bikers were ejected from acourthouse because of their patches. The 9th US Circuit Court of Appeals (that’s RIGHTunder the U.S. Supreme Court) gave a BIG VICTORY for bikers, thanks in part to thedonated work of Kevin Karp, our Northern Nevada A.I.M. (Aid to Injured Motorcyclists)lawyer. Marty also talked about problems riding between states. There are things we doin Oregon, for example, that are no-no’s in other states. Don’t try to ride inWashington State from Oregon wearing a “Beanie” helmet, for example. YOU WILL BETICKETED and the threat of having yur scoot confiscated is there. And don’t come toOregon from Washington without motorcycle insurance. It isn’t required in Washington,but is law in Oregon, and can get you in a lot of hot water.

Sam Hochberg (Oregon A.I.M. Attorney) brought Jim Rice, a criminal defense and civilrights lawyer here in Portland, to talk about the terrorist threat and how the newanti-terrorist laws, the “US PATRIOT Act” in particular, effect riders. So much of thisstuff takes place without citizen input. We don’t have a say in our own governmentanymore, and we need to put it to a stop. We’ve lost some more freedoms because ofknee-jerk reactions in our nation’s congressional halls. 9/11 DID SO MUCH MORE THANDESTROY THE TWIN TOWERS AND KILL THOUSANDS OF INNOCENT PEOPLE. Some really scary legalstuff came down too.

Ken Ray, chair of BikePAC of Oregon brought us up to snuff with what the biker plans arefor the upcoming legislative session.

Longview Tom, Gypsy Joker MC, and chair of the Oregon Confederation of Clubs, leddiscussions from Confederation reps from all over the west as to what is happeningjudicially in this region to enhance our freedom to ride and wear colors, if that is ourdesire.

Saturday night, after a very full day of workshops, there was entertainment provided bythe Oregon Confederation of Clubs and a bar for those that had the notion to dampen theirnose. ABATE of Oregon also provided a hospitality room for the duration of theconference. All in all, we (read “I”) had a great time and picked up a ton ofinformation. SPECIAL THANKS for making it all work out go to Wendy and Ed and Ted andJill from Washington County ABATE, Dixie, Jeanne, Sam, and Richard Lester.

These conferences always are full of information and new ideas that work if we put themto use. Most of all, we reaffirmed our commitment to be forever vigilant to what’shappening around us. Big brother really wants to take care of us. If we let thathappen, we don’t deserve to be free. I’m sorry some of you weren’t able to be there forthis very important and productive event in our continual fight for our right to ride andmake our own choices about safety issues. If you can make it, the BIG Annual NCOMconference will be next May in Milwaukee, to coincide with Harley’s 100th! I’ll bethere, you can bet on that.

NEWS BITS’N PIECES:

LOUISVILLE, KY: Shawna McCown lost her leg in a motorcycle accident and vowed to herfamily she would run again in competition as soon as she could walk. 18 months later shedid just that, even with her prosthetic leg! I’m proud of her.

ENGLAND: Harleys aren’t the only bikes to get ripped off. The irony here is a couple ona world bike tour for charity had their “Beemer” snatched just a few miles fromcompletion of their journey around the world. They stopped for a breather in Wales, justshort of London. They hadda finish the trip by train. I guess the thief or thievesneeded the scoot more than they did. It’s a bloody shame we have some kinds of peoplerunnin’ loose.

MARYSVILLE, OHIO: Just a thought, Honda Motor Co. started building cars here twenty yearsago and bikes shortly thereafter. Makes them the first offshore transportation buildersin this country. Look what’s happened since then. Most all foreign makers have plantsin this country and design products here giving our people jobs.

HANOI: A short while ago, I reported that Yamaha had closed several plants in Vietnambecause of a stiff government restriction on importing parts. I guess it got the resultsneeded and the plants have reopened. Funny what stopping income will do to get results!

PHILADELPHIA, PA.: This sort of stuff happens all the time and it brings again to mindthe juvenile thinking on the part of those in authority. The police here prevented theWarlocks Motorcycle Club from delivering toys as part of the annual Children’s HospitalToy run. The club had been riding in this run for 15 years. Suddenly they are labeled a”gang” and can’t participate. The city is gettin’ sued, as well they should.

PENN: Several terrible injury accidents to report to ya. Not makin’ fun of ’em at all –seems two Amish families had serious buggy accidents on the same day recently, back Eastwhere they hang out. In one case, both the horses slipped into a pond, and a youngsterdrowned. In the other, the buggy was hit by a car, and there were 6 very seriousinjuries, all to the same family in the buggy, as I heard it. My heart goes out to thefamilies, of course. Reason I mention it: Watch for some damned new “buggy safety laws”next. It wouldn’t surprise me. If so, well, politics makes strange bedfellows. Maybewe’ll see some Amish folks and buggy’s at some future NCOM Convention!

MILWAUKEE: Harley-Davidson Inc. says they are enjoying almost a 50% increase in salesthis quarter. Wonder if the100th anniversary has anything to do with it. Do ya THINK?

RANCHO SANTA FE, CA.: Ever hear of the famed Vincent Black Shadow? Well, it’s backfolks. Some of us “long in the tooth” folks got to ride them way back in the forties andearly fifties. Unfortunately, they went out of business in the mid-fifties. This bikeset land speed records in the late forties. Now, I’m told, they are back with FIVE,count’m, FIVE prototype models. More info for ya when I find out more.

GUNNY AGAIN: We’re runnin long this month folks, so I’ll stop the drivel for now. Remember the A.I.M. program and the people that are part of it are here for us all andlive in our world. If ya have a problem, accident or other legal matter, call yourA.I.M. Attorney in your state or call 1-800-ON-A-BIKE and they’ll hook you up, whetherit’s for wrecks or criminal problems. You can get Sam Hochberg here in Oregon at (503)224-1106 or Toll free at 1-(800) 347-1106. I want to wish everyone a HAPPY HOLIDAYSEASON and all the best for the coming new year. Let’s make 2003 a banner year for themotorcycle community.

Keep the round side on the bottom.

Gunny, Oregon A.I.M. Chief of Staff

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 LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

From TheGUNNY’S SACK

You know there is no end to some of the nastiness we see in the media about riders andmotorcycles. We’ve had a few reports recently from my boss, Oregon A.I.M. Attorney SamHochberg, about what he sees on TV now and then that gets HIS hackles up. He just toldme another one: Seems that on the VERY popular NBC show “ER,” there was a scene with ayoung girl who was on the back of a bike when it wrecked. She arrived basically DOA inthe emergency room. Not much talk in the script about what CAUSED the wreck. Not ANYtalk about safety training. Just this little exchange. One doc says “What was she doingon the back of a motorcycle?” The British doctor, “Dr. Corday,” says: “What is ANYBODYdoing on a motorcycle?!” It couldn’t hurt to complain to NBC. They’re big boys, they can take it. Tell ’em yourGunny sent you, and e-mail an extra copy of whatever you write to me, if you would, atAIMGunny@aol.com.

NEWS BITS’N PIECES:

TORONTO, CANADA: Here’s some more media hype I saw; this one online. The headline:”Dozens of Outlaw motorcycle gang members, including some top leaders, were arrested inraids on biker clubhouses in Canada and the United States.”

In Canada there were supposedly over 500 officers involved in this abomination, but thepress made it look even bigger than it really was. In the USA, the same game is beingplayed. I’m not saying I think all riders are saints. We have a few sour apples, too. Our biggest problem as I see it is much the same as the Harley parked outside a bar thateverybody sees but no one ever sees the five or six pick-ups parked there too.

HARRISBURG, PA.: This is some good news. Pennsylvania Motorcyclists have “taxed”themselves to ensure safer riding. They voted in some increased funding for their stateMotorcycle Safety Program. It’s the best way to prevent motorcycle accidents, injuriesand deaths, says ABATE of Pennsylvania. And Joe Public still thinks we have a death wishbecause we ride. This bill had 68 co-sponsors.

All SMRO’s (State Motorcycle Rights Associations) could take a lesson here. In Oregon wedid about the same thing a couple of sessions ago and it works.

NOVA SCOTIA, CANADA: This bit comes to me (word for word) from Animal, my good buddy fromthe north country: “Each year I emcee a toy run up in New Brunswick. This year we raisedover $10000 in cash and toys which is an awesome amount for up here. $5000 of it camefrom the inmates of the Dorchester Penitentiary.” Wow! Even convicts in Canada lovekids. And why not.

TOKYO, JAPAN: Government is stickin’ it’s paws where they shouldn’t be again, this timein Vietnam, and it’s about motorcycles. In September, their government put a cap on howmany bikes and bike parts they would allow Yamaha build in their Vietnam plants. I guessthey wanted to give a leg up to their locally-owned motorcycle businesses there. Niceidea, but it sorta backfired. Yamaha just said “screw it,” and shut down their Vietnamplant, at least for now.

EARTH ORBIT: A biker’s wife is the pilot of the space shuttle Atlantis, at this writing. The crew is headed up to the international space station. Pilot-astronaut Pamela Melroyis the third woman to fly as a space shuttle pilot. Seems she hesitated about herhusband getting a scoot. But listen to what she said:

“I thought to myself, the guy’s an airline pilot flying international and I’m a shuttlepilot. Who am I to tell him it’s not safe enough? To hold either of us back from doingsomething that we’re really excited about, because the other person would be worriedabout you, would just be wrong. We just don’t do it.” Now THERE’S a “top-flight” womanwith the right attitude!

NHTSA:(National Highway Traffic Safety Administration) From these good safetycrats comesthis critical information: “{…on a national level, motorcycle deaths have for the lastfour years been steadily rising. The latest figures show that 3,181 people died inmotorcycle crashes in 2001, up nearly 10 percent from 2000, according to Rae Tyson ofNHTSA in Washington, D.C. It’s fairly obvious to me that some folks don’t take intoaccount that ridership has increased phenomenally in the last several years and many ofthese new riders – some of ’em baby-boomers who are just NOW starting to ride – haveNEVER TAKEN A RIDING COURSE! NHTSA says they are perplexed at the sudden rise and tendto blame it on states that have repealed their helmet laws. Well let me tell them this:If we had BETTER and MORE rider ed, you’d see a big DROP in accidents and death. And aLOT of these new boomer-riders have never ridden a big bike, and that’s what NHTSA’s ownstats say they’re riding. Well, if the last time you rode was on a Honda 350 in 1973 andyou get yourself up on a brand-new Fatboy, you’re just askin’ for it if you don’t get outand get some training. A WHOLE lot has changed in the past 30 years about riding. Ifwe’re all better riders and crash LESS, we can continue to tell NHTSA where to put theirstatistics.

DEHLI, INDIA: So I come across this article from Reuters, and I find out that India’stransportation situation is the same as in a LOT of the poorer but up’n coming countries. In short, they all go nuts for motorcycles! Now, some folks think it’s just because thebuggers can’t afford a car, and that IS part of it. These are countries that are justnow getting invigorated with growth and change — kinda like it was here in the USA, along time ago. Bikes are THE most practical thing a person could buy there! Cheap ongas, but flashy and cool. There are a whole slew of models and wild colors — even frommajor companies like Honda — that we NEVER, ever see here in the US. Sounds great forthem — I’ll stick with my Valkyrie.

GUNNY AGAIN:

Remember that the Aid to Injured Motorcyclists (A.I.M.) program is in place to helpriders who have had any sort of mishap on the road. Our A.I.M. Attorneys around thecountry are here for us and they are part of our riding world, so they know of that whichthey speak. You can reach these guys by dialing 1-800-ON-A-BIKE or 1-800-531-2424. Youcan reach Sam Hochberg here in Oregon at 503-224-1106, or toll free at 1-800-347-1106.

Keep the round side on the bottom.
Gunny, Oregon A.I.M. Chief of Staff

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

NCOM COAST TO COAST BIKER NEWSCompiled and Edited by BILL BISH,National Coalition of Motorcyclists

JUST THE FACTS, PLEASE– Statistics are like a bikini, what they reveal is interesting,but what they conceal is vital. And what the National Highway Traffic SafetyAdministration has been concealing in their crusade to promote helmet laws borders onfraud. In their efforts to sway public opinion in favor of mandatory helmet laws, NHTSAand others have been quick to point out an increase in Florida’s motorcycle fatalities inthe year following a repeal of their lid law. What they fail to mention, however, isthat a jump in motorcycle ownership has outpaced the fatality rate, and ABATE of Floridahas compiled the actual numbers to refute the apparently flawed statistics beingcirculated by the federal agency.

“These figures represent the statistics for the first full year of our amended helmetlaw,” explains James, “Doc” Reichenbach, President and Lobbyist for ABATE of Florida andchairman of the board for the National Coalition of Motorcyclists (NCOM). “As you cansee, the actual number of deaths were up 11%, however the motorcycle registrations wereup 20.4%, which represents an increase of over 40,000 new motorcycles on the roads. After all the figures are compiled according to the Florida Department of HighwaySafety and Motor Vehicles, the death rate was actually down by 5.2%.”

Also, based on the 40,000 new motorcycles on the road this past year, ABATE made thefollowing estimates of what this amended law has brought into the economy of Florida:

40,000 new motorcycles at an average of $10,000 each: $400,000,000
Sales tax on motorcycles at 6%: $ 24,000,000
Registration fee on motorcycles: $ 1,444,000
Change of title: $ 1,190,000
Total: $ 426,634,000

“This total is almost one half a BILLION dollars in one year that was put into theeconomy of the state of Florida,” says Doc. “Of this amount, over 25 million dollarswent directly into the state treasury for the budget. This also does not include thetourist money that increased because of Florida being a freedom of choice state. In 2001over 300,000,000 dollars was spent in Florida at Bike Week during a ten day period.” The2002 figures are not available yet, but participation was up from 2001.

“I hope these figures will help anyone who has heard the bad publicity that has come ofour amended law,” Doc summarized. “Deaths per mile ridden are down and the economy hasgotten a huge boost.”

WISCONSIN SUPREME COURT RULES AGAINST HELMETLESS RIDERS– The Wisconsin Supreme Court hasruled that ATV riders injured in accidents may have damage awards reduced by up to 100%for failing to wear a helmet. On June 26, 2002, the court issued a decision in anAll-Terrain Vehicle accident case that allowed a reduction in damages from a head injurybecause the injured party was not wearing a helmet, reports ABATE of Wisconsin.

Although this was an ATV case, the court also stated that, “Our conclusion here pertainsto helmet use while operating or riding a motorized, non-enclosed, moderate-to-high-speedvehicle such as an ATV or like vehicle.”

“The leaders and Legislative Committee of ABATE are taking this threat very seriously andgiving it a Level One priority,” reports Dave Dwyer, Legislative Chair for ABATE ofWisconsin. “We have already been in contact with legislators to let them know what isgoing on and how we feel about it.”

Wisconsin State Senator Dave Zien, long time biker and member of the National Coalitionof Motorcyclists (NCOM) Legislative Task Force, is working with ABATE to determine if thedecision can be applied to motorcycle riders who suffer a head injury while not wearing ahelmet.

“We intend to be ready with a bill to introduce when the new legislature comes intosession in January,” said Dwyer. “If for some reason this decision cannot be applied tomotorcycles, I feel that we should go ahead with language to clarify how the courtsshould handle the ‘no helmet’ defense.”

Wisconsin has enacted legislation that allows damages to be reduced by 15% for anyoneinjured in a car accident who is not wearing a seat belt, in reaction to an earlierWisconsin Supreme Court decision regarding seat belt use and injury damages awardreductions. But the high court refused to transfer that over to the helmet use case,even though they used the seat belt use ruling as a guide in their recent decision.

The court stated, “that, ultimately, is a question for the legislature.”

WEST VIRGINIA BIKERS ASK COURT: WHAT IS A HELMET?– Trial was to be held this summerregarding motorcyclist Mark Fike’s traffic citation for not wearing an approved helmetwhile operating his motorcycle on SR 119 in Spencer, West Virginia. Mr. Fike could havepled no contest and paid a relatively small fine to avoid the hassle of going to court. However, W. Virginia State Senator John Mitchell and Aid to Injured Motorcyclists(A.I.M.) Attorney Ralph Buss, anticipating an unfavorable ruling, took the case to trialin order to obtain a verdict for the purpose of arguing on appeal to the State SupremeCourt the issue of what is an approved motorcycle helmet.

At issue is what are the specific parameters of what is and what is not a legal helmet inthe state of West Virginia? Federal Vehicle Safety Standards and Regulations; Article57, Section 218 that sets forth helmet design regulations was to have been introduced inits entirety in order that it become part of the record for use on appeal. Walter Snyder,Coordinator of the W. Virginia Motorcycle Safety Education Program, was scheduled totestify regarding the meaning of Department of Transportation (DOT) compliance. He wasalso set to describe his committee of eight persons interaction with the State Police onhelmet related issues.

During the preparations for trial, it was learned that the CEO of the State Police wouldbe unable to provide testimony regarding valid helmet compliance for W. Virginia. It wasalso learned that there are no courses available to the State Police to train them torecognize a compliant helmet. Currently, officers use the “eyeball and instinct method”to determine compliance.

As neither the arresting officer, Sgt. D. U. Garrett nor his superior, Colonel Hillshowed up for court on July 31, 2002, the Magistrate permanently dismissed the case for”failure to prosecute”. At the conclusion of the session, the prosecutor jokinglysuggested that perhaps when the bikers come back, one of them might wear a “bucket oflard with a DOT sticker affixed to it and see what happens.”

President of ABATE of West Virginia, Duck, and West Virginia Confederation of ClubsChairman Widowmaker, along with the numerous other motorcyclists in attendance, vowedthat they will have another day in court.

The leadership of West Virginia’s motorcyclists’ rights organizations are at this timeconsidering what forum to use for their next confrontation. Three of the issues underconsideration are: 1) Does W.V. Statute 17C-15-44 adequately inform motorcyclists as towhat is an approved helmet and/or what is a non-compliant device? 2) Is the Statute sovague that most persons cannot come to a reasonable conclusion as to the definition of anapproved helmet? 3) Is the State required to have an expert testify on its behalf whenthe approved/not approved helmet design issue is again presented to the court? Staytuned.

CITY SENDS SAFETY MESSAGE– Darlene Kimsey, vice-president of the High Point Chapter ofthe Concerned Bikers Association of North Carolina, was sick of hearing about motorcycleaccidents, so she approached the city council with an idea to make drivers more aware ofriders on the road.”The public needs to understand that with the rise of riding, we are out there,” Kimseytold the Greensboro News and Record. “Riding isn’t just a recreational thing anymore, buta mode of transportation.”

After almost a year of lobbying the city, Kimsey says High Point will be the first cityin the nation to put up signs reminding motorists to share the road with motorcycles.

About a year ago, Kimsey went to the North Carolina Department of Transportation to seeabout getting some signs posted along roads along streets throughout the state remindingmotorists to share the road with motorcycles.

When the state rejected the proposal, Kimsey went to the city of High Point.

Following a letter to the city council, and several meetings with the city manager andcity transportation officials, Kimsey was able to identify four city streets where thesigns were needed, based on a high volume of motorcycle accidents.

The city is expected to erect four signs on each street, and the transportationdepartment will monitor accidents on the streets to see if the signs have an impact.

While state transportation officials haven’t approved signs for state-owned streets,Kimsey says they will be watching the project in High Point. “If we can show that thesigns have an impact on reducing the number of accidents, the state may consider thesigns,” Kimsey said. “I am hoping it’s something that will catch on.”

CALIFORNIA GOVERNOR VETOES RED LIGHT BILL– California Assembly Bill 2521, introduced byAssembly Member Jay LaSuer (R- County of San Diego), would have required all new andreplacement traffic-actuated signal devices to recognize motorcycles and bicycles, aswell as new lighter cars, but was vetoed by Governor Gray Davis.

The bill passed through the legislature without opposition in both the Senate and theAssembly, but was doomed to defeat when it reached the governor?s desk on September 18.

“Now that is unconscionable!,” exclaimed Nancy Nemecek, chairman of the board for ABATEof California. “If any motorcycle rider was on the fence about Davis, this should showhis true colors,” she said in reference to the upcoming gubernatorial election in theGolden State.

WEIRD NEWS OF THE MONTH– Dangerous Intersections More Safe?! British traffic consultantBen Hamilton-Bailie told the British Institution of Civil Engineers that improving roadsafety by making intersections more dangerous may actually decrease accidents.

The approach has already proved successful in Holland and Denmark, and relies on the ideathat drivers will be more careful if they perceive more danger. Without road signs androad markings, they are forced to slow down and make eye contact with other road users toestablish who makes the next move.

This has lead to many new intersections in Northern Europe resembling the days beforecars were commonplace, and it is said that it has reduced accidents without affectingjourney times, but it does rely on vehicles traveling below 20mph.

QUOTABLE QUOTES: “Democracy is two wolves and a lamb voting on what to have for lunch.Liberty is a well-armed lamb contesting the vote.”BENJAMIN FRANKLIN, Patriot & Founding Father

GLENDALE, CA – Sheryl Crow, Mick Fleetwood & Friends, and JeffersonStarship will headline Love Ride 19, the largest motorcycle fundraisingevent in the world, on Sunday, November 10. Grand Marshal Jay Leno,Honorary Grand Marshal Peter Fonda, and a host of celebrity bikers will lead20,000+ motorcyclists on a 50-mile caravan from Harley-Davidson of Glendale,California, to a barbecue, trade show, and concert at Castaic Lake.Proceeds will benefit Reading By 9, MDA, and other charities. In 18 years,the Love Ride has raised over $15 million.

Sign up is 6am-9am on Sunday, November 10 at Harley-Davidson of Glendale,with a 90-minute Jefferson Starship concert at 7:00am, followed by acelebrity press conference at 8:45a.m. The caravan of bikes departs toCastaic Lake at 9:15am.

Festivities at Castaic Lake will begin at 11 a.m. until 4 p.m. (gatesopen at 10am). Mick Fleetwood & Friends perform at 11:45am followed bySheryl Crow at 1:15. The minimum donation is $60, or $50 if you sign-up inadvance online (www.loveride.org) or at Harley-Davidson of Glendale beforeNovember 5, 2002. For larger donations, participants qualify to receive avariety of prizes, including a 2003 100th Anniversary Harley-Davidson V-Rodand a 2003 Ford Harley-Davidson F-150.

Harley-Davidson of Glendale is located at 3717 San Fernando Road betweenLos Feliz Blvd. and Glendale Avenue. For more information, call (818)246-5618, extension 7.

Cops, Helmets And Budgets Collide

Organized by Rogue

CC: Ooops! Apparently disappointed and pissed off that they were unable to locate and bust “street racers” in Houston, the city cops offered K-Mart shoppers a texas-sized Blue Light Special and hauled in everybody they could find hanging around a K-Mart parking lot. Thirteen police officials have been suspended with pay in the wake of the arrests of 273 people at a Kmart and a burger stand, allegedly for loitering and trespassing. The police chief implied that officers should have refused the order to arrest people. The head of the police union seems to think the raid on hapless bystanders was justified because there are “no loitering” signs posted in the K-Mart parking lot.

This appears to be a pretty good example of a complete absence of common sense on the part of the cops. Leadership on the scene of the debacle included two Captains, two Lieutenants and a raft of sergeants. It seems to us that a citation was the way to go in this case, but the boys in blue opted to “cuff ’em up” and haul the crowd off to Central Booking. The city is now bracing for an onslaught of well deserved lawsuits, one of which has already been filed for $100 million. So far, no reports on whether or not Homeland Security will be invoked as a defense or if the cops will simply claim this event was “for the kids.”

http://www.chron.com/cs/CDA/story.hts/topstory2/1552982

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CC: If you think the arrests in Houston were an isolated bit of police over-kill, wait until you read this. A New Hampshire police chief thinks his department should be permitted to seize a college dorm under the state’s forfeiture law because drugs were found there. He claims the dorm comes under the “Crack House” law. Good grief!

http://www.free-market.net/rd/277493920.html

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CC: If you’re still not sure of what the Patriot Act has done to decimate your civil liberties, this article gives a thumbnail sketch of how your personal freedom has gone down the shitter since last September.

http://insightmag.com/news/262278.html

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CC: Before it happened, experts warned that the feds shouldn’t be allowed to completely take over airport screening. They argued that private companies should be held to higher standards when hiring and training their employees. They foresaw major screw ups if federal employees – with federal supervisors – were to take over at the nation’s airports.

Well……. several billion dollars later, it appears the doomsayers were right. Not surprising is the fact that the feds are cutting corners and taxpayers are getting less service at a much higher cost.

The following article details how an “elite team” of TSA baggage screeners are on the job protecting the traveling public after only 15 minutes of training. The manufacturer of the equipment they’re using claims they should have had a minimum training period of 100 hours. The government claims there will be retro-training to bring the screeners up to speed. Meanwhile, we recommend taking the bus.

http://www.free-market.net/rd/824854090.html

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CC: It’s a rare occasion when we reprint a complete message from one of our subscribers. It isn’t because we have a policy against it. Rather, few of you send us something we feel should be shared with, and can be used by, thousands of your fellow readers. The following letter is one of those items we think everyone will appreciate. Hopefully, it may inspire you to write your elected representatives and ask for help in keeping the NHTSA focused on the problem.

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Dear Congressman Pastor,

My name is Mitchell Elder. I have lived in Arizona now for almost 15years. The Air Force brought me to Tucson to begin with and in threemonths I will retire with 21 years of active service. I plan onremaining here in Tucson to work and support my community as an activemember of the civilian population along with the retired military herein Southern Arizona. In addition to my affiliation with the UnitedStates Air Force, I am also an ordained minister and an avid motorcyclerider with over 30 years experience in the saddle.

I am very concerned about the NHTSA’s current agenda concerningmotorcycles and those of us who ride them. After spending 21 years inthe military, protecting the rights of Americans to make their ownchoices in life, it disturbs me to see federal agencies attempting tolegislate the daily lives of average taxpayers.

The NHTSA’s continued focus on legislating what riders wear is entirelythe wrong approach to public safety. I do not require laws designed toprotect me from myself. Further, the NHTSA’s failure to support ridertraining, coupled with a dramatic increase in motorcycle sales, has onlycontributed to an increase in rider accidents and deaths.Unfortunately, the raw statistics are presented by the NHTSA in such amanner as to suggest that mandated rider clothing (i.e., helmets, brightcolors, etc) is the answer.

This does not address the basic problem: rider AND driver ignorance.

I share the road with thousands of automobile drivers. Unlike me (Ihave attended annual motorcycle riding training on a regular basis sinceit was first made available) these drivers are never given additionaltraining on how to safely share the road with other vehicles, includingmotorcycles. As a result, these drivers continue to pull out, and makeleft-hand turns in front of motorcycles “they just didn’t see.”

They were never taught to look for us.

So over the years, the burden has been placed on the victim (the rider).

Now, the NHTSA wants to conduct more “safer crash” tests. This is aridiculous waste of taxpayer money. Since the NHTSA’s agenda – as isclearly shown by their consistent track record – is to manufacturelegislation designed to burden motorcyclists and the “synthetic”statistics to support said legislation, I fear that these tests willonly go toward the creation of more ill-conceived rules that will notprovide any measurable increase in safety for motorcycle riders butrather, will only serve to further burden them. In fact, the very ideaof “safer crashes” is ludicrous. Why not focus on crash avoidanceinstead?

I’ve crashed a motorcycle before – more than once – I’ve got the x-raysto prove it. My goal is always to avoid the accident in the first placeand they only way I can effectively do that, is to ride defensively. Itsure would be nice if I knew that the other riders and car drivers onthe road had had some education as well.

Congressman, the bottom line is this: if the NHTSA wants to perform avaluable public service, they should be focusing on education of ridersand drivers, not legislation. They should be supporting equity on thehighway, not placing burdens on a minority who simply choose analternate form of transportation. They should be recognizing thatoverall, motorcyclists are better educated users of the roads and aremore alert and aware than operators of other vehicles, instead oftreating us like pariah and attempting to legislate us out of existence.

Motorcyclists are not the enemy, ignorance is.

Please urge the NHTSA to address the real issues: rider and drivereducation and training, and leave the personal choices of individuals(rider clothing and gear) exactly where they belong – to the individual.

Thank you so much for your time. I hope I can count on your support toprotect the rights of individuals to choose freely how they will livetheir own lives.

Sincerely,

Mitchell Elder
“Ridin’ Reverend”
Tucson

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CC: Recently I was asked to participate in yet another charity run to help raise money for the victims of the World Trade Center disaster. I declined and the sponsor’s immediate reaction suggested that he thought I was a heartless bastard.

Well, I probably am. But beyond my natural tendency to gravitate toward helping critters (because they, unlike humans, cannot help themselves when they’re in a disaster situation), I have a problem with increasing what I can only define as the “windfall profits” that came from that horrible event. Maybe because of my current economic situation I’m a bit jealous, but I don’t think that’s all of it.

Perhaps your own feelings after you read the following article might better explain my position. Keep in mind, as you read this, that the family of a serviceman killed in Afghanistan will receive a flag, $200 toward his funeral and a very meager survivor’s benefit.

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ENRICHING SURVIVORS WAS A COSTLY MISTAKE
By Jeff Jacoby
The Boston Globe
August 29, 2002

Last week, the federal Victim Compensation Fund announced its first 25 awards to families of those who were killed on Sept. 11. The amounts offered were not uniform, but after taking into account the mandatory deductions for life insurance policies and pensions, the average award came to $1.36 million. That much income would ordinarily be taxable at the highest rate — currently, 38.6 percent. Thanks to legislation passed in January, however, the victims’ families will receive their awards tax-free. The same law also exempted Sept. 11 victims retroactively from income tax liability for 2000 and 2001. Any taxes they already paid will be refunded.

Last week’s awards were actually on the low side; according to Kenneth Feinberg, the special master overseeing the fund, the average net payout will ultimately be around $1.5 million. That is roughly 36 times the median US household income, and is considerably more money than the vast majority of American families will ever see. No amount of money, of course, could ever replace a murdered loved one. But as an expression of sympathy and support for those who suffered a devastating loss in the terrorist attacks, the federal victims fund was munificent in the extreme.

It was also a mistake.

The American people didn’t need the government’s help to demonstrate their compassion for the families of the Sept. 11 victims. Well before the law creating the federal compensation fund was passed, tens of millions of Americans had donated hundreds of millions of dollars for the benefit of those affected by the attacks. By now, the total raised by private charities is estimated at a mind-boggling $2.7 billion, more than half of which has already been distributed.

This torrent of private relief has not merely ensured that survivors can meet their mortgage payments and put food on the table. It has turned many of them into millionaires. USA Today reports that relatives of the New York police officers who died on Sept. 11 are receiving an average of $929,000 in charitable funds. The families of firefighters and ambulance crews are getting $1,037,000. All of these gifts are tax-free. (Surviving spouses of most rescue workers also receive a lifetime pension equal to the victim’s salary, plus a federal death benefit of $259,000 for public safety officers killed in the line of duty.)

To be sure, not every victim’s family has been enriched as lavishly as those of the emergency workers killed at Ground Zero. The charitable gifts received by other families have averaged only $146,000. But “only” $146,000 is hardly trivial, especially when it comes with no strings attached, when it is not taxed, and when it is in addition to any insurance, pension, or Social Security benefits the family is entitled to. And when more than $1 billion remains to be distributed.

Add to all this the billions of dollars’ worth of goods and services that have been donated to the victims’ families — from free financial planning for life by top Wall Street firms to the hundreds of free slots at children’s summer camps nationwide to the free gifts Tiffany’s will distribute next week at a baby shower for the 103 widows who have given birth since last September.

Never has the extraordinary generosity of ordinary Americans been more evident than in the months since Sept. 11. It wasn’t necessary for the government to get in on the act, let alone to shower the victims’ families with seven-figure jackpots. Those who lost a child, parent, or spouse in the attacks last fall suffered a terrible tragedy, and the hearts of decent people everywhere went out to them. But tragedy strikes American families every day, and their grief is not eased with million-dollar fortunes from the Treasury. Why should the families of Sept. 11 have been treated differently?

The Victims Compensation Fund was created in part to protect the airlines from being bankrupted by wrongful-death litigation; survivors who accept money from the fund are barred from filing suit. But the airlines were not to blame for the horrors of Sept. 11. Their losses that day, both human and financial, were staggering. If Congress wanted to shield them from catastrophic lawsuits, the way to do it was to cap their liability at $0.00, not to bribe the victims’ families with million-dollar awards.

With such huge sums of money at stake, the congressional fund has predictably led to feuds and ill will, as relatives of the dead fight over the federal largesse. It has inflamed greed, too. Many families now insist that the planned awards are not lucrative enough; others gripe that after insurance and pension proceeds are deducted, they will get nothing. (“Nothing,” in this case, means a quarter of a million dollars, which Feinberg says is the minimum payment guaranteed to virtually every victim’s family.)

Meanwhile, a corrosive precedent has been set for the future. The next time innocent victims die in a terrorist attack, their relatives will expect a handsome government payment. The next time *any* catastrophe strikes — terrorist or otherwise — there will be a clamor for federal compensation. But the worst consequence of all is that after the next disaster, fewer people will give willingly to private charity. Why donate to help stricken fellow Americans, they will reason, if Uncle Sam is going to make them rich anyway?

A Pandora’s box has been opened. It will not easily be closed.

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CC: With all of the rhetoric flying around about attacking Iraq (and the not-so-surprising news that Iraq is digging in, moving equipment and readying for the assault), we’re wondering why Congress just doesn’t simply reinstate the CIA’s authority to terminate with extreme prejudice. It seems to us there is a lot less risk, at least in the numbers of potential US casualties, to unleash a team of well trained special ops professionals on Sadaam.

Uh, wait a minute……we forgot. The US doesn’t have anyone so trained these days. Congress cut the CIA’s balls off years ago, thinking it’s not nice to over-throw the governments, or kill the leaders, of hostile nations.

Yep, sure makes sense to announce an impending attack well in advance and then commit tens of thousands of troops to go after an army on high alert. We suppose it just isn’t politically correct to use the element of surprise these days. Too bad the Japs didn’t play by the same rules sixty-odd years ago.

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at www.ON-A-BIKE.com.

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

NATION’S CAPITOL QUIET, EXCEPT FOR MOTORCYCLES It was a quiet day on Capitol Hill onSeptember 11th, until a hearty group of motorcycle riders roared across the Potomac aftertraveling more than 3,000 miles and collecting $1 million to help the families of 9/11victims.

A year ago, smoke from the Pentagon cast a shadowy pall over the Capitol, but onWednesday a picture-perfect blue sunlit sky greeted the riders as they gathered for aPentagon Memorial.

“The nation is back on its feet and we’re doing the hard work of trying to help thesepeople who lost their family members try and put their lives together and to fight thewar that needs to be fought so this can never happen again,” Representative ChristopherCox told the 75 riders gathered at the base of the Capitol dome. Cox, R-Newport Beach,traded his business suit in for jeans and a leather vest as he rode out to join themotorcyclists for the ride into the city.

“I’ve completed my mission,” Mitch Morrison of Newport Beach told the Orange CountyRegister. As chairman of the Word Trade Center Miracles Foundation, Morrison organizedthe ride when fund raising began to ebb several months after the attacks.

Wearing black leather vests with an American flag and the words “Let’s Roll” on the back,the motorcyclists have stopped in communities along the way, picking up contributions andother riders during their cross-country pilgrimage.

FEDERAL COURT RULES BIKER COLORS OKAY IN NEVADA COURTHOUSE A Carson City courthousedress code that prohibits biker “colors” is unconstitutional, a federal appeals courtruled on Monday, August 26th, overturning a Northern Nevada judge’s ruling and findingthat motorcyclists can wear “biker colors,” even those with swastikas, inside thecourthouse.

The 9th U.S. Circuit Court of Appeals tentatively canceled a ruling by U.S. DistrictJudge Philip Pro and ruled that a ban on such garb in a Carson City court buildingviolated First Amendment rights of expression.

Circuit Judge William Fletcher, writing for a three-judge panel, said restrictions thatled to the arrests of motorcyclists who refused to take their jackets off at thecourthouse were unreasonable.

The ruling applies to areas of court buildings except for courtrooms where, Fletchersaid, judges can impose restrictions to ensure “a reasoned resolution of issues.”

But he said there was nothing to show that extending a ban on biker clothing to hallwaysor other non-courtroom areas “can plausibly be justified by the need to protect thecourtroom environment itself.”

The judge also said there’s no evidence to conclude that, “clothing indicatingaffiliation with biker organizations is particularly likely to be disruptive orintimidating.”

Citing 1985 and 1971 U.S. Supreme Court cases on First Amendment rights, Fletcher addedit’s not reasonable “to prohibit speech in courthouse hallways merely because it mayoffend some people’s sense of decorum.” There was no evidence of any danger created bythe bikers’ jackets and so the rules seem to be “impermissibly motivated by a desire tosuppress a particular point of view,” the judge said.

The controversy began with the March 2001 arrests of Scot Banks and Steve Dominguez ofReno when they appeared at the courthouse to contest a traffic citation and were told bysecurity officers that they couldn’t wear their swastika-decorated Branded Few M/C clubcolors inside. After refusing to remove their vests or leave, they were arrested fortrespassing and their vests were confiscated.

Two weeks later, ten other bikers were cited for the same offense when they came to themen’s hearing to show their support and also refused to take their jackets off or leavethe premises.

Those cited wore vests that carried a variety of symbols, including an angel over thebackground of a Christian cross and the American flag.

One of those bikers, Rick Eckhardt of the Christian motorcycle club His Royal Priesthood,told the Reno Gazette-Journal that the dress code discriminates against motorcycle ridersby limiting what they can wear in a public building. “It’s very important that we’reable to enter the federal building and the courthouse, especially if we have a hearing togo to or need to go to court in support of one of our friends,” said Eckhardt. “We justwant the same rights everyone else has to go to court and be heard.”

They all pled innocent and then challenged the constitutionality of the court’s dresscode rules before going to trial on the trespassing charges, said lawyer Kevin Karp, whois representing the bikers on the criminal charges. Karp is the Northern Nevada A.I.M.(Aid to Injured Motorcyclists) Attorney, and serves as legal counsel to the NorthernNevada Confederation of Clubs.

“The court did the right thing,” said Karp, who has contacted the District Attorney torequest dismissal of the trespassing charges in light of the federal court’s decision. “This issue has started to arise in other parts of the country where courthouses aretrying to ban biker apparel, and we hope this decision stops those restrictions dead intheir tracks.”

SUPREME COURT DECLINES TO HEAR HELMET CASE The United States Supreme Court has declinedABATE of Georgia’s application for a hearing on the constitutionality of the state’s”protective headgear” law.

According to ABATE State Director Dan Rathbun, “They only gave a one-sentence statement,with no reason stated on why they chose not to hear our case. They don’t have to give areason, and chose not to. Our attorneys stated that they only choose to review about 2%of the case brought to them, and we fell into the other 98%.”

Rathbun went on to say, “This brings an end to what has been an interesting experience. There is nowhere else we can go with this on a legal front. But you can bet your buttthat we got a lot of folks attention under the gold dome. There have been more than afew legislators who have come by and said that they did not realize how organized we areand that we had grown enough to be able to do this. So now that they know we are a forceto be reckoned with, we need to keep after those folks at the Capitol.”

“As we have exhausted any legal efforts at present, the political arena is where we willneed to focus our energy,” summed up Rathbun.ER of Dallas

HELMETS FOR EVERYBODY Safetycrats are at it again, as the governor of California hassigned into law a bill approved by the state legislature mandating helmets for kids whoride, practically anything.

Senate Bill 1924 by State Senator Jack O’Connell (D-San Luis Obispo) says that anyone 18years old and younger must wear headgear when riding any non-motorized scooter,skateboard or in-line skates, extending the existing bicycle helmet law to such popularwheeled toys.

Other states, including Rhode Island, Maryland, New Jersey and New York, already havesimilar laws on the books. Helmets already are required for bicycle riders 18 years oldand under, and they are also mandatory in all youth baseball leagues and in other youthsports such as football and hockey. And, of course, California is one of 20 states thatrequire all motorcyclists to wear helmets.

According to the American Academy of Pediatrics, skateboard-related injuries in 2000 wereresponsible for 50,000 emergency room visits and 1,500 hospitalizations. The ConsumerProduct Safety Commission states that nationwide there were 40,500 scooter-relatedinjuries treated in emergency rooms in 2000.

ABATE of California mounted a letter writing campaign against the bill, and testifiedagainst it in both houses, “But, of course, anything to protect the children?” said ABATELegislative Director Jean Hughes, sarcastically explaining the legislature’s reasoning inenacting the new helmet law.

“It is interesting to note the hypocrisy of this particular piece of legislation,”continues Hughes, “Now, a 19 year old skateboarder can decide how to dress himself, but a40 year old biker can’t.”

MASSACHUSETTS APPROVES HANDICAP PLATES FOR MOTORCYCLISTS Until now, Rick “Bubba” Youngof Palmer, Mass., an amputee, could park his truck but not his motorcycle in designatedhandicap parking spaces.

On Saturday, September 7, 2002 at Tibby’s Harley-Davidson dealership in Springfield, theDeputy Registrar of Motor Vehicles Steve Sebestyen presented two local residents thefirst issue of handicap registration plates for motorcyclists who qualify, announced JimiRicci, chairman of the Massachusetts Motorcycle Association and a member of the NationalCoalition of Motorcyclists (NCOM) board of directors.

Bubba and other handicap riders and members of the motorcycle association, have beenfighting over eight years, for equal assess and “equity” to be able to park theirmotorcycles in handicap spaces. But until now, it’s been against the law.

Last month Governor Jane Swift signed into law House Bill 4099, an act authorizing theRegistry of Motor Vehicles to issue such “equity plates” to motorcyclists who qualify.

“When the international access symbol was first issued in 1978, I think it was just anoversight and preconceived opinion a person with a handicap couldn’t ride a motorcycle,”said Paul W. Cote, the Association’s Legislative Director. “However, to those with somehandicap, riding a motorcycle is one of the greatest freedoms.”

WEIRD NEWS OF THE MONTH: WEIGHTY EXAMINERS TOO HEAVY FOR MOTORCYCLE TESTS Motorcycletests in a Norwegian town were postponed because the available examiners were too heavyto ride tandem. All the thin examiners at Elverum Traffic Station were away on summervacation, and those left on duty to put people through the light motorcycle test weightoo much. The license regulations include a maximum load that assumes the driver weighs165 lbs. A tandem passenger who breaks the limit by himself isn’t allowed, reports theAftenposten newspaper.

Examiner Bjoern Mellembakken, who weighs 202 lbs, says the station only has three peoplewho are light enough to accompany learners during the practical test. He said: “This isa problem for us in general. We’re big guys.” He said he doesn’t foresee diets or liposuction being used to reverse the trend.

QUOTABLE QUOTE: “Every great advance in natural knowledge has involved the absoluterejection of authority.”

THOMAS HUXLEY, Scientist (1825-1895)

AND NOW FOR THE GUNNY’S SACK

This might be a last reminder to make your plans to come to Portland, Oregon for theupcoming West Coast Regional Conference of the National Coalition Of Motorcyclists, NCOM.

Come in on Friday night, November 1st, and the main action runs all day Saturday,November 2nd. Reserve your room NOW at the NCOM rate of only $69 a night, at theDOUBLETREE HOTEL, 1401 N. Hayden Island Dr. Call 503-283-2111. That’s about $40 a nightoff their cheapie rate! Call that number too, for the FREE airport shuttle. TheConference is free to all bikers. Saturday night is the party with LIVE MUSIC to topthings off, and a no-host bar right there. The hotel is also fully equipped.

Those of you in the West who for whatever reason can’t get to the big nationalconventions: make an effort to come see us! It’s in our back yard. Co-Sponsors are AIM,BikePAC of Oregon, ABATE of Oregon, and the Oregon Confederation of Clubs.

You can expect to LEARN a ton at the seminars, and be more effective in your localmotorcycle rights issues. Yours truly will be there, along with NCOM and AIM founderRichard Lester, AIM attorneys Sam Hochberg, Marty Fox, and many, many more.

These conferences are there for all the biker leaders as well as troops from all over theWest who feel the same way we do about our basic freedoms. FREEDOM ain’t free folks, andwe need to spend the time it takes to maintain it. A good friend of mine and fellowfreedom fighter Lil’ Jimmy Rouse, recently deceased, rest his soul, said: “If we don’thang together we’ll sure as hell hang by ourselves.”

As it happens, Lil’ Jimmy is another of those so dear to me that inspired me to continuein this never ending contest for our rights in this great country of ours. Almost dailynow we lose some of our most powerful members of this group. We should actively recruitYOUNG people to forge ahead with our ideals and notions of right and wrong or we will oneday not have folks to carry on the ideals of our forefathers. That scares the skivviesoffa me folks. That’s why Lil’ Jimmy was one of my heroes.

MORE HEROES: Continuing with my thoughts from the last Sack about the terrific peopleI’ve known in the biker world, there are many folks that come to mind, but y’can’t missSPUTNIK from Texas. Almost single-handedly, he set up the network that eventually took agreat deal of power in the Texas Democratic Party. He went home from an NCOM Conventionone year and went to work for his people, the bikers of Texas. This man wears out tireson his bike before the bluing comes off the sidewalls. He rides more than a 100,000miles a year, and he’s a true freedom Warrior. He is also a recent recipient of NCOM’sRon Roloff Lifetime Achievement award. There are many more biker heroes, and I want tocontinue to talk about them from time to time, right here in Sack-land.

MORE ON TV: And morons on TV, too. Sam Hochberg, our AIM Attorney, saw some and reportson it. He WAS a news guy, a disk-jockey and a radio talk-show host, y’know. Here’s hisreport: SAM here! So, a few Sundays back, I was sitting in my recliner, laptop on my lapand online while my wife and I had the TV on. The regular modern man. Well I’m staringat god-knows-what on my computer screen when I hear a motorcycle on TV, on the HBO show,”Sex in the City.” So I pop my head up, and there’s “Carrie’s” new maybe-beau, trying toride what looked like a Yamaha cruiser. He’s wearing a FULL-face helmet, he’s barelyever ridden, he almost drops it and he nearly hits the pavement. Next thing I hearCarrie is worried about problems with this guy, and says “They oughta have a helmet lawfor relationships!” An innocent enough, almost-funny quip, but it DOES betray a mediamind-set now, doesn’t it?

NEWS BITS’N PIECES: MILWAUKEE, WIS. : 2003 signals the 100th anniversary of America?sbeloved Harley-Davidson motorcycle. It’s gonna be a year-long celebration all over thecountry. Be sure you get in on the fun. Watch your local news media for coverage ofevents in your town. WOW! 100 years old. Some landmark. Finally, something evenolder’n me!

SANTA MONICA, Calif.: According to reports from the Associated Press (AP), KeithEmerson’s custom motorcycle, hand-painted with cover art from his band’s 1973 album”Brain Salad Surgery,” was stolen from his home.

Emerson played keyboard with the group Emerson, Lake, and Palmer. This is a $60,000scoot. Guess even the wealthy get ripped off.

VILNIUS, Lithuania: This AP story brings back memories from days long passed. To slowdown the traffic, the cops in Lithuania thought it would be great to set up woodencutouts of cops riding scoots alongside some highways. They seem to have pretty nastytraffic problems there, especially around schools and other high density areas. Wellsir, they tried that in the US once years ago, and the same damned thing happened: Peoplewent and STOLE the cutouts! Can’t say it wouldn’t be an attractive little item to own inyour garage or clubhouse, can y’imagine? Your own cardboard or wood cutout of a cop on abike?! I love it! Not that I’d be one to encourage theft, mind you.

GUNNY AGAIN: Remember as always that our Aid to Injured Motorcyclists (AIM) Attorneysacross this great land all RIDE and they know our world. Ole’ Sam Hochberg here has beenon all kinds of scoots since 1971, and he isn’t about to stop, either. These guysnetwork all the time so you aren’t getting the use of just ONE brain when you put one ofthese fine folks to work for your best interests. They are the people that care about usand take good care of us when we’re hurt in ANY kind of wreck, or in trouble. Be sureand consider their value to you when you need an attorney. Call AIM – Aid to InjuredMotorcyclists – at 1-800-531-2424, or 1-800-ON-A-BIKE, for good free advice. SamHochberg here in Oregon is at 503-224-1106 or toll free at 1-800-3447-1106.

THE WEBSITE: NCOM and AIM would like to extend a warm welcome to Hawk, from NCOM membergroup Sons of Liberty Riders (SOLR), as our webmaster, and he’s keeping that cyber-shiprunning ship-shape. Go point your browser to www.aimncom.com, or the new address, sameplace: www.ON-A-BIKE.com – either address will gitcha there. Hell, even this old dog haslearned some new tricks, and you can find ME by email at AIMGunny@aol.com, or email Samat SamBikeLaw@aol.com – let us know your thoughts or concerns about the Sack,motorcycling, or for more info on the upcoming conference – and I hope I’ll SEE YOU ALLhere in Portland, Oregon for our NCOM Regional, Nov. 2nd!! By the way, in the last SackI erroneously stated that the NCOM West Coast Conference would be the second weekend inNovember, and I hope nobody was inconvenienced.

Keep the round side on the bottom,
Gunny, Oregon AIM Chief of Staff

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists(AIM) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the LawOffices of Richard M. Lester. For more information, call us at (800) ON-A-BIKE, or visitus on the web at .

From TheGUNNY’S SACK

Recognition: I’m blessed to associate with many motorcycle people, but some really standout in my mind. Right up on the top of the list is Butch Harbaugh, who lives here inOregon, and is also Chairman of the NCOM Legislative Task Force (LTF), and true friend.Longview Tom of the Gypsy Jokers M C, and Chairman of the Oregon Confederation of Clubshas been an inspiration to me, when he took over the job from another great one, Showman,from Brother Speed M.C. And people like Rotten Roger Hendricks, our Oregon ABATE runcoordinator and lifetime freedom fighter, are always there for you. Like yours truly,Rotten Roger was presented a Silver Spoke Special Recognition “Grunt” Award from NCOMlast year for all his hard work over the years.

I should also announce to the world that Butch Harbaugh was selected by NCOM to receivenext year’s Ron Roloff Lifetime Achievement Award, NCOM’s highest honor.

There are so many that they can’t all be mentioned in one presentation, but I’m justfeeling this gratitude welling up in this old biker. So, I’ll try to include many moreas we go on with future Gunny’s Sacks. I don’t want to leave anyone out if I can helpit. These people are the driving force in Oregon’s fight for freedom and my brothers andsisters, and I love them all.

New Big Dog sports Avon Tyres.

OREGON CONFISCATIONS: Some late word on the motorcycle seizure case we’ve been following. This is a pro bono case that’s been handled by our AIM (Aid to InjuredMotorcyclists)/NCOM (National Coalition of Motorcyclists) Attorney here in Oregon, SamHochberg. You’ll recall a bike was seized because Eugene cops “thought” parts werestolen. THAT was in February. Sam’s firm went to court and raised constitutionalarguments about why they shouldn’t be permitted to keep a scoot indefinitely!

The Oregon Confederation of Clubs stood behind the plaintiff with support, and the casewent to the Court of Appeals, but it had to be withdrawn. Why? The cops finally CLAIMto have found a stolen part now, so the appeal is moot, says Sam.

But here’s the GOOD NEWS: As a result of this high-profile case, and because it’shappened to so many other Oregon bikers, our political action committee, BikePAC ofOregon, has targeted this confiscation law for reform in the legislature. Sam’s on theBikePAC committee that is going to try to structure and propose a fair law to ourlawmakers. We’ll keep ya’ posted, here in Sack-land, and you Oregon riders oughtta bemembers of BikePAC, if you aren’t already. The membership info is always in your ABATEand other biker newsletters, or you can e-mail me at AIMGunny@aol.com.

MIES, SWITZERLAND: This is a NO, NO and it doesn’t matter who you are. New Zealandmotocross rider Joshua Coppins tested positive at the Austrian 250cc Grand Prix for morethan six times the limit of the stimulant pseudoephedrine. He was suspended and a heavyfine slapped on. Why don’t I feel sorry for him?

DETROIT, MICHIGAN: How about these apples? According to the AP services, Harley-Davidsonis NO LONGER the bike of choice for thieves. Of the 25 most stolen motorcycles in 2001,eight were Hondas, seven were Suzukis, six were built by Yamaha, three by Kawasaki andjust one by Harley-Davidson, according to the study by CCC Information Services Inc. Themost popular bike to steal was the Yamaha YZFR6. Honda was the most stolen makeregardless of model.

I’m sure Harley is pleased to pass the honor on, and I’d guess Honda would sooner sellbikes than have them stolen.

ORLANDO, FLORIDA.: Less than 75 miles from the Kennedy Space Center one of our otherAmerican Bike success stories, Polaris’ Victory, has launched their own mission in thelargest product release in their history. A whole gob of new products. New all terrainrigs, New water sports stuff, and a stunning new custom Cruiser called the “Vegas”. 92inches of go, and pretty, according to press releases. Maybe we all need to pay Polarisdealers a visit. Sounds like some goodies we might not be able to live without.

ENGLAND: A 15 year-old lad here was killed during a riding demonstration, at a charityevent, when he collided with two others in the event that were down. Here’s a fellow whowas riding with people who KNEW what they were doing in a set display, and still he losthis life. Our hearts go out to his family; yet if there is any good in the whole thingit proves the fact that training, training, training is so important. Things can happenso fast. We must be alert ANY time we’re on our scoots.

ATLANTA, GEORGIA: If you get chased down the sidewalk by a man in blue on two wheels, itmight be a cop on one of those Segway scooters we reported on here in the Sack. You’veseen ’em on TV: the wheels are one next to the other, like a push- mower. You just standon the damned thing and it pops you around town. More for fast sidewalk riding, Ifigure. The company that builds these odd little machines has turned over a small batchof ’em for the cops in Atlanta to use, to figure out whether it’s gonna work for ’em, orif they will just feel silly riding them. We’ll see!

HOW ABOUT A BEANIE RECALL? NEXL Sports Products says all sizes of its NXT “Beanie”helmets, NEXL 01, Part Nos., MB021, MB031, and MB041 manufactured prior to February 28,2002, fail to comply with Federal Motor Vehicle Safety Standard (FMVSS) 218,” which isthe federal regulations on helmets…not that anyone can figure out what all thatbeaurocratic mumbo-jumbo really means. But, if you own one of these critters get back tothe manufacturer, and they’ll make it right.

FROM TIGER MIKE IN OKLAHOMA COMES THIS GOOD WORD. . . I got word that a biker named Ronfrom Broken Arrow, Oklahoma just contacted Tiger Mike Revere, State Coordinator for ABATEof Oklahoma, with some good news. I want to share it with folks, since we need to savorour victories large and small. For a while now, according to Ron, a specific policeofficer from the Broken Arrow Police Department has been handing out exhaust violationtickets to Harley riders only. From the information Ron received, the officer had givenout 90 tickets in 30 days, and Ron says he was going strictly by the appearance of thepipes. No noise measurements at all.

His boss, the Broken Arrow Chief of Police, wascontacted by the Oklahoma Highway Patrol, and they requested a meeting with the Chief andthe officer involved. Ron said that after this meeting, the Chief and the officer metwith the county District Attorney. Apparently, the DA told the cop to cut it out,because of all the complaints from various high-level offices! So, big kudos to Ron forkeeping after this, and for keeping his ABATE folks informed. This is what we need:rank-and-file citizen-riders keeping vigilant and fighting to preserve Riding Liberty.

Thanks to Tiger Mike for the info, and all you folks up in the Broken Arrow area, enjoyyour victory, stay gracious, and we’ll all learn a lesson from ya. By the way, TigerMike is also a member of our NCOM Board of Directors, and it’s people like him that makeNCOM tick!

GUNNY AGAIN: It’s also important we remember the people that take such good care of uswhen we are hurt and our scooters are all bent up by cage drivers.

Our AIM attorneys across this great country of ours (and Canada) are our most importantasset and we should always take advantage of that. These good folks ride with us dailyand know what our world is because they live in it with us. If you are involved in anaccident or just need some legal advice on harassment or helmet issues, do call your AIMattorney at 1-800-ON-A-BIKE, and you will get useful information. Advice is always free.

Keep the round side on the bottom
Gunny, Oregon AIM Chief of Staff

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 LawOffices of Richard M. Lester. For more information, call us at 1-(800) ON-A-BIKE orvisit us on our website at

NCOM COAST TO COAST BIKER NEWSCompiled and Edited By BILL BISH, National Coalition of Motorcyclists

FEDS PROPOSE NEW MOTORCYCLE EMISSIONS STANDARDS No more air-cooled engines? No morecarburetors? Catalytic converters? By 2010, motorcycle tailpipe emissions must beslashed by over 80%, making it necessary for manufacturers to use fuel injection on theintake and catalytic converters on the exhaust in order to comply with tough new federalregulations, as well as altering cam timing and making other engine modifications,including liquid cooling.

The federal Environmental Protection Agency, which has already succeeded in curbingemissions for the first time from off-road motorcycles, ATV’s, snowmobiles anddiesel-powered boats to help reduce pollution, is now turning their attention to streetmotorcycles, and new bike buyers in future decades will likely see a big difference indesign, styling and price.

The EPA released its proposed rule on motorcycle emissions on July 26, 2002, andfollowing a brief public comment period intends to implement the California-stylecutbacks in a two-phase plan beginning in 2006.

Stricter new limits will be established for hydrocarbons and nitrogen oxides emitted bythe engines, requiring motorcycles over 280cc to reduce emissions from a currentlyallowable 5 grams of Hydrocarbons per kilometer to 1.4 grams/km by 2006 and .8 grams by2010, achieving more than an 80% reduction in less than a decade. Nitrogen oxides, whichare unregulated at this time, must also be reduced to 1.4 grams/km in 2006 and .8grams/km by 2010.

Smaller cc motorcycles must also meet stringent new standards, ultimately reducing HC andNOx emissions to1.0 grams/km by 2010.

The proposed standards for new motorcycles will not affect their performance, says theEPA, adding that the Agency’s proposal does not in any way change the existing law thatmakes it illegal to modify the emission control devices causing the emission systems toexceed applicable standards. Motorcycle owners may make cosmetic changes such as thecolor and chrome.

Public hearings on this proposal will be held by the EPA on September 17, in Ypsilanti,MI, with the public comment period ending November 8, 2002, after which the finalregulations will be issued. For more information on the proposed rule, how to submitcomments and the public hearings, visit: http://www.epa.gov/otaq/roadbike.htm andhttp://www.epa.gov/otaq/recveh.htm.

The National Coalition of Motorcyclists encourages all concerned riders andmotorcyclists? rights organizations to make their feelings known to the EPA and ourelected officials on this important issue which will affect the future of motorcycling aswe know it.

HANDLEBAR HEIGHT REPEAL CLEARS PENNSYLVANIA HOUSE House Bill 1553 to repeal heightrestrictions on motorcycle handlebars in Pennsylvania, passed unanimously through theHouse of Representatives and is expected to see movement in September when the Senatereconvenes, reports Rocky Gambale on behalf of Pennsylvania’s Confederation of Clubs.

“This Bill passed the House 196-0 on June 12th, and has to date no opposition in theSenate,” according to Rocky-G, adding, “I cannot stress enough that we also thankBikePac, Charles Umbenhauer and ABATE of Pennsylvania for their assistance with thislegislation, their help has been invaluable.”

Earlier this year, both New Hampshire and Minnesota modified their motorcycle handlebarheight requirements. Minnesota eliminated the handlebar height limit altogether, whileNew Hampshire amended their “15 inches higher than the seat” maximum height limit with a”no more than shoulder height when seated” legal limit.

MASSACHUSETTS MOTORCYCLISTS DEMAND EQUITIBLE INSURANCE The MMA of Massachusetts hasrequested to meet with the Division of Insurance to discuss discriminatory price andcoverage practices, and seeking equitable changes in insurance practices for more than125,000 registered motorcycles in the Commonwealth.

“We’re tired of not having the same coverage availability for our motorcycles as we havefor our cars and trucks,” said Jimi Ricci, Chairman of the Massachusetts MotorcycleAssociation (MMA), and a member of the NCOM Board of Directors.

“It’s unfair,” said Betsy Lister, MMA Safety & Education Director who has been anindependent insurance agent over 28 years and owns Lister Insurance Agency, “that as’motor vehicles,’ motorcycles don’t have the same options as other vehicles when it comesto coverages and limits.”

She cites that motorcycles are excluded from “stated value” coverage, when the marketvalue of a custom or specially modified motorcycle’s value exceeds it “book value”; no”multi-vehicle” discounts; no “anti-theft” discounts; and only $5,000 in coverage can bepurchased in “optional” medical payments coverage by riders, despite their ability to paythe increased premiums. Premium income and loss data over the past 3 seasons is”unfairly disproportionate,” she says.

MMA Legislative Director Paul Cote, a former insurance claims examiner and currently alegal consultant on accident reconstruction and claim handling, sent a letter to Divisionof Insurance Commissioner Julianne Bowler “requesting a meeting with policy-makers withinthe Division to address these inequities” that the MMA has uncovered.

“Nationwide, more than 80% of the motor vehicle/motorcycle accidents are the motorvehicle operator’s fault,” says Cote, “yet we suffer due to their negligence and ourlimited coverage availability. We want to address that, and our rates with theCommissioner.”

“I’m happy we have the talent, experience and energy of Betsy and Paul on our MMA Boardto address these issues professionally,” said Ricci. “We believe a lot of good will comeout of this for those who ride motorcycles in the Commonwealth.”

ALLSTATE LOSES —– MOTORCYCLISTS WIN! An attempt by Allstate Insurance to eliminatemotorcyclists from medical payment coverage went down in defeat in the case of a youngpassenger on a bike in Virginia, thanks to the efforts of Virginia Aid to InjuredMotorcyclists (A.I.M.) Attorney J. Thomas (Tom) McGrath.

Jennifer L., a teenager living with her grandmother, went for a ride on a motorcycleowned by a friend. The driver crashed the bike and Jennifer was injured. Hergrandmother had a policy of insurance on her car with Allstate Insurance Company, and foran extra premium she purchased a $1,000.00 medical payment benefit which would reimburseany resident relative of the grandmother’s household up to $1,000.00 for injuriessustained in an accident.

The law in Virginia requires an insurance company that sells bodily injury liabilityinsurance to also offer medical payment insurance provided it covers the named insuredand any resident relative of the named insured while in or upon, entering or alightingfrom or through being struck by a motor vehicle?

“Allstate sold the coverage to Jennifer’s grandmother but had changed the language init’s policy to limit the coverage to injuries sustained while in or upon a four wheelvehicle,” said attorney McGrath. “This attempt to cut motorcyclists out of coverage ispart of what I see as an ongoing struggle between us and the insurance industry. Theykeep trying to take away our freedom to ride by trying in every way to deny us coverage.”

Suit was filed in the Circuit Court of The City of Richmond based on the statutorylanguage and the fact that the definition of “motor vehicle” in Virginia includesmotorcycles. In addition to the $1,000.00 that we claimed was owed to Jennifer L., weasked for double the damages plus attorney fees and court costs.

McGrath argued, and the Court agreed, that Allstate’s effort to change it’s policy wasreally an attempt to change the Virginia statutory law. “The Court declared Allstate’sdefinition void and we received a check in the amount of $6,345.00,” said McGrath. “Notbad for a $1,000.00 claim.”

If you have medical payment benefits on any of your policies check the language and ifyou find that it is similar to Allstate’s, in that it defines a motor vehicle as anautomobile or vehicle having four wheels, please let AIM know.

“Remember this,” McGrath admonishes, “companies that write insurance are always seekingways to limit what they have to cover. Only we can protect our rights.”

POLITICS AND THE ART OF MOTORCYCLE MECHANICS With another election cycle coming upon us,we’d like to share with you the following article by Marcia Mercer written June 25 forthe Media General News Service, regarding the political appeal of motorcycles:

WASHINGTON — In the world of presidential politics, it was hot news. John Kerry, theDemocratic senator from Massachusetts, had decided to make a serious bid for the WhiteHouse.

No, he didn’t announce his candidacy. Officially, Kerry was still testing the waters.

But to political observers, Kerry had sent a clear sign of his intentions. He got rid ofhis Italian-made Ducati motorcycle a few weeks ago in favor of a shiny blackHarley-Davidson.

The switch wasn’t just a matter of what Kerry is riding. It said Kerry is running.

In America, it’s not enough to dash around the country, raising money, making eyecontact, acting humble and talking about your vision. Lots of people do that.

To show you’re a real presidential contender, you need to do something that shouts, “I’ma regular guy.”

It’s a curiosity of American politics that presidential candidates have to prove they’reordinary men, the kind of guy other guys enjoy hanging out with.

Kerry may be super-smart and super-rich, a fellow with four houses and a chestful ofcombat medals. Voters may have elected him to the Senate three times. But he has aproblem: People see him as aloof, arrogant and stiff. (Shades of Al Gore?)

So, Kerry works at presenting himself as a man’s man. He tells people he fliesairplanes. Plays ice hockey. Windsurfs. And he hopped on a Harley.

A man with three purple hearts shouldn’t have to prove anything. But that’s a topic foranother day.

“It’s an American icon,” said a Harley-Davidson spokesman. Sales of the American-madebikes are up 21 percent post-Sept. 11.

At least Kerry didn’t send his wife, Teresa Heinz, out on a chopper. In 1996, GOPcandidate Bob Dole’s wife Elizabeth rode onto the Tonight Show stage on the back of aHarley, behind Jay Leno. The very ladylike Dole wore jeans, motorcycle boots and a blackleather jacket with chains.

The motorcycle effect was dramatic in Ames, Iowa, in August 1999, when the Republicanssponsored a presidential straw poll, a symbolic test of popularity in the state with thefirst presidential caucuses.

At first, it looked as if the governor of Texas might skip the event. But no. The signthat the man with the famous pedigree had decided to be a serious presidential contendercame when he rounded up a couple hundred bikers.

Led by the unlikeliest of Republicans – Senator Ben Nighthorse Campbell of Colorado, withhis ponytail and black leather jacket with chains – the bikers swooped in off the prairieand revved their Harleys for George W. Bush in the parking lot outside the arena. Takethat, Gary Bauer.

George Bush, the elder – senator’s son, prep school, Yale – never could shake theperception that he was born with a silver spoon in his mouth. George Bush, the younger -president’s son, prep school, Yale – wasn’t going to let that happen to him.

Bush didn’t actually straddle a motorcycle that day, but that was OK. He was one ofthem. He won the straw poll.

A few months after that, Elizabeth Dole, a presidential candidate in her own right, rodeon the back of a Harley to a barbecue in Salem, N.H.

Later in the 2000 campaign, Democratic vice presidential candidate Joe Lieberman, visitedthe Harley-Davidson factory in Kansas City. Lieberman donned a helmet and hopped on theback of a Harley. The candidate joked that putting on the helmet was “another act ofcourage.”

A few weeks before Election Day 2000, Al Gore went on the Queen Latifah Show and talkedabout how much he and Tipper had loved riding motorcycles in their youth.

In 2002, when it comes to projecting an image of raw, American manliness with the help ofa motorcycle, John Kerry has an edge. He likes riding bareheaded, and freedom-loving NewHampshire, site of the first presidential primary, has spurned mandatory helmet laws.

Brace yourself for a barrage of pictures showing regular guy Kerry astride his blackHarley, hair blowing in the wind.

WEIRD NEWS OF THE MONTH: Children Blackmail Parents With Landmine Suicide Threats Authorities in India say children are using landmines to blackmail their parents. Armypersonnel patrolling India’s border with Pakistan claim to have averted eight suicideattempts in the last month. The Dainik Ujala newspaper reports a teenager who wasrescued after crossing into mined territory claimed he was trying to kill himself becausehis parents refused to buy him a motorbike. Harnam Singh, a farmer from the bordervillage of Kahangarh, said: “The mines have become a very effective tool for blackmail.Children know they can extract anything from their parents if they threaten to walk intothe danger area.”

A DEATH IN THE FAMILY “Little Jimmy” Rouse, Business Manager for the Modified MotorcycleAssociation (MMA) of California and member of the National Coalition of Motorcyclists(NCOM) Board of Directors, died on Friday, July 19, 2002, in Sacramento of complicationsfrom lymphatic cancer.

“Lil’ Jimmy was one of the founding fathers of the MMA of California back in 1972 and hasbeen involved ever since,” said “Sleepy,” Chairman of the MMA Board of Directors. “Lil’Jimmy helped fight for motorcyclists alongside Ron Roloff, Gorilla, Whitey, and Sonny.

Lil’ Jimmy was involved to the very end, even reviewing and approving the newsletter thenight before. Lil’ Jimmy was always there for all motorcyclists and will be missedbeyond description.”

Our sympathies go out to the MMA and to the family and friends of “Little Jimmy” Rouse, apioneer in the motorcyclists rights movement and a true freedom fighter.

QUOTABLE QUOTE: “If we don’t all hang together, then we’ll all damn sure hangseparately, by the straps of our own helmets.””LITTLE JIMMY” ROUSE, MMA of California

–BILL BISH

NO CELL PHONES FOR YOUBy Elisa Batista,3:40 p.m. Aug. 15, 2002 PDT.New York was the first major city in the United States to prohibit driving while talking on a cell phone. Now a city councilman wants cell phones banned in public places throughout the city, including libraries, movie theaters and museums.

In a move lambasted by the cellular phone industry, Councilman Philip Reed introduced legislation that prohibits the use of cell phones in “any place to which the public is invited or permitted and where members of the public assemble to witness cultural, recreational or educational activities.”

While the bill makes an exception for emergency calls, it punishes anyone who infringes on the rule with a $50 fine.”New Yorkers are sick and tired of people on their cell phones in the middle of a play or a movie,” Reed said. “It’s distracting, it’s annoying, and as a public nuisance, it should be against the law.”

While members of the cell-phone industry discourage its customers from using a mobile phone in, for example, the movie theater, it is vehemently against such legislation for safety reasons.

“We’re going to have policemen come into a theater and take the phone away from a mother speaking with her child’s babysitter?” asked Kim Kuo, spokeswoman for the Cellular Telecommunications and Internet Association. “That’s ridiculous.”

Kuo said that educating the public on cell-phone etiquette was needed, but “it’s silly trying to legislate common sense.”

Reed, however, said that movie theaters and other public places are already asking patrons to shut off their cell phones to no avail.

“Apparently, the requests of theater management and the disapproval of the rest of the audience is not enough for some people to quit their gabbing,” Reed said. “You have to legislate so they’ll put it on vibrate.”

The council will vote on Reed’s bill next week.

ABC, BIKERS AND PUBLIC BURDEN ABC News is airing a segment tonight that, as usual, attempts to paint the motorcycle community as a “Burden on Society.” The AMA, MRF and others have begun posting to the message board at Nightline their views on this subject. The links are posted below.?I have also tossed in my nickle’s worth of opinion. You can read it at this linkhttp://boards.abcnews.go.com/cgi/abcnews/request.dll?MESSAGE&room=WorldNewsTonight&id=29044

I urge each of you that care about personal freedom to post your views on ABC’s message board. This may be a feeble attempt to bolster ratings and stir up controversary, (because they know motorcyclists will vehemently respond) but if it is, then it is. There will be plenty of uninformed, me-too tv watchers who think motorcyclists are too stupid to think for themselves and therefore need “protection.” The “I’m doing this for your own good” crowd never sleeps nor takes a day off.

–Scott Cochran, Editor
Dixie Rider Motorcycle News