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After 107 years in Milwaukee, Harley could leave
By DINESH RAMDE (AP) 

MILWAUKEE — It's the roar that made Milwaukee famous — the distinctive throaty rumble of a Harley-Davidson motorcycle. But that much-loved racket could be rumbling away to another state if the company cannot bring down its labor costs.

Harley- Davidson warned employees in April that it will move its Wisconsin manufacturing operations elsewhere if it cannot cut millions of dollars at the factories that build the bikes known as "Milwaukee Iron."

Harley's corporate headquarters would remain here, but that's small consolation to a community that has already endured repeated blows to its civic identity.

"When you think of Milwaukee you think of beer, brats and Harley-Davidson," said Steve Daily, a researcher at the Milwaukee County Historical Society. "Right or wrong, that's what it is."

But that's been changing. For example, beer giant Miller Brewing Co. moved its headquarters to Chicago in 2008 after merging with Molson Coors Brewing Co. Then there was Schlitz, which billed itself as "the beer that made Milwaukee famous" until financial and labor problems forced it to sell out to a Detroit company in the 1980s.

That leaves Harley-Davidson Inc. as the city's lone signature brand. It's also a magnet for tourists, many of whom want to visit the factories where Harley engines are made.

"We get asked frequently where the plants are," said Paul Upchurch, the president of the VISIT Milwaukee tourism bureau. "A lot of people around the world associate Milwaukee with the home of Harley."

Harley chief executive Keith Wandell said the company will make its decision on whether to move in the next two months. Harley executives are already scouting out other states, though Wandell will not say which ones.

The company, he said, would also be open to incentives to keep the 1,630 manufacturing jobs in Wisconsin. But the idea that it could move production elsewhere stuns many Harley loyalists.

"You can't describe it. They've got so much history here. They've just become the blood of the community," said Tom Steepy, a lifelong rider and the director of the suburban Milwaukee chapter of the Harley Owners Group, or HOG. "If they moved their manufacturing, it would just create a void you can't fill."

Harley has been a local fixture for more than a century. It all started in 1903 when 23-year old William S. Harley and 22-year old Arthur Davidson began selling motorcycles built in a cramped wooden shed.

The company later built motorcycles for the U.S. military in both world wars, which helped introduce the bikes to a global audience that saw them as an American icon.

"They symbolize the classic American values of independence and hard work, freedom, all those values," said Kanti Prasad, a marketing professor at the University of Wisconsin-Milwaukee business school. "Harley-Davidson is a uniquely American phenomenon."

And a Milwaukee phenomenon. Prasad said when he travels to Europe, China or Japan most people respond blankly when he says he's from Milwaukee. Then he points out it's Harley's hometown and their faces light up with recognition.

As storied a company as Harley has been, it's weathered some rough spots, too, most notably in 1984, when a banker had the option of allowing the company to refinance a $90 million loan or forcing them to declare bankruptcy.

At the last minute, the banker allowed the company to refinance. According to the story, it's because he owned a Harley.

The famed motorcycles have also had a long history with Hollywood. They've appeared in films from "Easy Rider" to the more recent "Simpsons" movie. Elvis Presley rode one. And so did the Fonz in "Happy Days" — the classic TV sitcom that was set in Milwaukee.

So if the Milwaukee-Harley marriage is so solid, how could the company even think of straying?

Company spokesman Bob Klein said Harley wants to remain faithful, but its production schedule needs to be more closely aligned with seasonal demand, a change that would require approval from labor unions.

Negotiations with the unions began in late July. The president of Harley's largest union did not return multiple messages seeking comment.

Prasad, the UW-Milwaukee professor, doesn't see Harley's threat to move simply as a negotiating tactic. A company with a 107-year history is more concerned with the next 100 years than with making idle threats to extract short-term advantages, he said.

Harley benefits the city's image and its bottom line. When the company turned 105 two years ago, some 100,000 fans from around the world joined the Milwaukee celebration.

But even if Harley's production goes elsewhere, there's still a tourist draw here — the popular Harley-Davidson Museum. Whether that's enough to help Milwaukee cling to the brand that keeps it on the map is another question.

Either way, the loss of Harley production would be another painful drop of water in the erosion of the city's proud working-class history, Milwaukee historian John Gurda said.

"It's important to have that identity. You need a certain level of civic self-confidence," Gurda said. "And Harley-Davidson, that's a brand that's been imprinted on America's imagination unlike any other Milwaukee-made product."

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FROM MRF:  April 23, 2010

The Motorcycle Riders Foundation (MRF) has learned that, in a hearing held this week by the U.S. Senate Environment and Public Works Committee, Senator Frank Lautenberg (D-NJ) repeatedly called for a national mandatory helmet law. The hearing, entitled "Opportunities to Improve Highway Safety," focused on areas that need improvement when it comes to the landscape of highway injuries and fatalities.

In his opening statement, Lautenberg said that there should be a mandatory motorcycle helmet law for all riders in America. This is typical for the 86-year-old senator. He has routinely attempted to put a federal mandatory helmet law in place before. Lautenberg currently chairs or sits on every single senate committee that has jurisdiction over roads and road safety.

During this hearing, Lautenberg was not alone in his quest for an all-rider federal helmet law. As expected, the spokesperson for the Advocates for Highway Safety also voiced their opinion that a national helmet law is a good idea.

Fortunately, the hearing didn't only focus on the helmet debate; in fact, very little of it did. There were other issues covered such as impaired driving, distracted driving, and big trucks.

As always, the MRF will keep you informed on this and all issues affecting motorcyclists from Washington DC.

 

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From The Winston Salem Journal

 

 Letters to the Editor

Published: April 26, 2010

This letter is dedicated to all the people who were involved in the Triad Flight of Honor, which took our group of World War II veterans to Washington on April 17: the sponsors, our chaperones, all the people who came out so early to see us off, the volunteers who saw to all our needs and those who helped us to the plane, especially the ones who needed wheelchairs.

The honor guard that greeted us, Rolling Thunder, was comprised of Vietnam veterans. There must have been at least a hundred of them, all holding American flags and saluting us. I was very proud to see that they were taking care of us.

The entire trip was so very meaningful, especially visiting the World War II and Air Force memorials and the Iwo Jima memorial, dedicated to the Marines.

When we returned, there was a large crowd of people there just to welcome us back home. I was very touched. People I didn't even know were shaking my hand, saying, "Thank you for your service." It was hard to keep from shedding tears.

It made me proud all over again to be an American, living in this great country, being with so many others who shared the same feelings. There were more than a hundred of us, and I did not hear one complaint the entire day. Perhaps that's something that our generation learned from our experiences.

GEORGE TOLER

Rural Hall

 

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Bikers gather for motorcycle safety
 

Source: wafb.com

Baton Rouge, LA - Hundreds of motorcycles surrounded the State Capitol on Sunday. Bikers gathered to kick off motorcycle safety month which begins in May.

An estimated 600 people came out to bring awareness to motorcycle safety. More than one hundred riders died in bike accidents in 2009.

Elizabeth Webb lost her son and little Shaye lost a father. Webb said in April of 2009 someone carelessly drove out in front of Matthew Webb as he rode on his motorcycle. She said that person took Webb's life and changed hers forever.

"He was a good son," said Webb."Living with this is like living in a nightmare. The only time you get away from this is when you're asleep."

According to state police, last year 104 people died in motorcycle accidents in Louisiana. That was a jump from 2008 when the reported deaths were 81.

"We want to leave our house, go take a ride, enjoy our rides and make it home," said Baton Rouge Police

Chief Jeff LeDuff. "Just watch out for us."

Chief LeDuff was in a motorcycle accident himself in late 2009. He said it is time for people to recognize that bikers have rights to the road as well.

"If people would look left, right, then left again, there would be less accidents," said Webb. "There's never a day that goes by that we don't cry."

Webb said the person who hit her son was never charged. A bill, set to be discussed by lawmakers Monday would increase penalties for drivers cited for failure to yield in the right-of-way.

 

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Motorcyclists ask Legislature for fair treatment – Jan 24, 2010 – Washington 

By Marks Goldenshiteyn


Motorcyclists ask Legislature for fair treatment – Jan 24, 2010 – Washington – By Marks Goldenshiteyn - Riders say law enforcement harasses them; bill addresses issue - Donnie Landsman has grown accustomed to those fleeting looks of disapproval and trepidation.  When drivers pull up alongside his motorcycle on the highway, they grip their steering wheels a little tighter and tell their kids to look away. Landsman said he’s been denied service at restaurants for wearing a bandanna and a leather vest.   But Landsman, better known in the riding community as “Mr. Breeze,” isn’t in a gang. The husband and father of three has been riding motorcycles for about 40 years, and said he has yet to encounter anyone who belongs to one. As the man who heads up legislative efforts for the Washington chapter of ABATE (American Bikers for Awareness, Training, and Education), a motorcyclist advocacy group, Landsman works to fight negative assumptions about riders.

Such stereotypes are particularly grating when they come from law enforcement officers, who Landsman and others say target bikers for selective enforcement and even harassment.   In a word: profiling.  “Motorcyclists aren’t looking for special rights,” Landsman said.   “We want the same rights that are afforded to every other section of the population as American citizens and as citizens of Washington State.  We aren’t being given that.”

The group found a champion in Rep. Steve Kirby, D-Tacoma, who introduced a bill that would force local law enforcement agencies to adopt a written policy designed to condemn and prevent the profiling of motorcyclists and to institute training to address the issue.

But police officials say such a measure would be unnecessary.  Capt. Jason Berry of the Washington State Patrol says that there are already policies in place that prohibit profiling of any kind. And anyone who wants to can call in or go online to report any misconduct.  “We do not profile any group according to what they ride or drive,” Berry said. “We stop for violations of the law and take the appropriate enforcement actions as a result.”

Monitored By Police: Biker advocates point to an incident last year as evidence that they are being singled out.   Last Jan, dozens of motorcyclists traveled to Olympia for an event called Black Thu, an annual motorcycle rights lobbying day.  They parked their motorcycles near the governor’s mansion, as directed by parking personnel.

In the meantime, the Washington State Patrol released a statement to the media announcing the motorcyclists’ arrival. Part of that statement read: “Approximately 25 Bandito organized motorcycle gang members have arrived on campus for the ABATE ‘Black Thursday’ event. They are showing their gang colors; however, we do not expect any trouble. WSP troopers will be closely monitoring this group.”  While the riders were inside the Capitol attempting to find sponsorship for a bill that would stop motorcycle profiling, the Washington State Patrol arrived and began taking down license plate numbers.   None of the motorcyclists would have ever known about the incident were it not for some video footage that was captured as the officers were working.  Some officers are even shown ducking through bushes to record the information.   “That’s gang activity, to go see our legislators?” Landsman said.   “I guess the idea is that if bikers come in, we’re shutting the door and beating them (legislators) up.”

ABATE leaders cite several other recent episodes of what they see as profiling. And they say they have evidence to show that law enforcement officials are not only aware of motorcycle profiling, but that they had as recently as eight years ago been circulating a training pamphlet that encouraged it.  In December 2002, a permanent injunction was issued by Thurston County Superior Court against the state and the Washington State Patrol from using a document called “Biker’s Basic – 101” as an outline for training troopers and other officers.

‘Bikers Are Dangerous’: A copy provided by ABATE’s attorney outlines the three main motorcycle equipment violations in Washington state (helmet, noise and handlebar height); includes protocol for how to pull bikers over; directs troopers to legally impound the motorcycle and “book” the biker if possible; and tells them to talk to riders about their patches, to take pictures of their badges and bikes, and to be professional.   The first line reads: “Bikers are dangerous.”   “Now if that isn’t a statement of profiling, I don’t know what is,” Landsman said.

ABATE claims these protocols are still being followed and that the state’s helmet, handlebar and noise laws are being used as a false justification for pulling over motorcyclists.

Authorities’ Response: Kirby, a South Tacoma Democrat, says he’s been intrigued by the topic for a while.  He sponsored similar bills in 2003 and 2005, but they garnered little attention.  Lately, he’s been wondering whether his long hair and beard would make him a target if he ever got on a bike.  “I would be profiled too if I had a fancy enough machine,” Kirby said, also stressing that his measure has little to do with picking a fight with law enforcement.  “I think what you have is a limited number of people in agencies that have some sort of predisposition about bikers,” said Kirby.

Much of the language used in Kirby’s House Bill 2511 is borrowed from a measure passed in 2002 that required law enforcement agencies to initiate policies to reduce racial profiling. That law seemed to “work overnight,” he said.

Law enforcement officials, meanwhile, deny that motorcyclists are being targeted.  “What motorcycle profiling?” asked Don Pierce, executive director for the Washington Association of Sheriffs & Police Chiefs. “In traffic situations, here’s who we profile: people who violate the law.”

Article URL: http://www.thenewstribune.com/topstories/story/1041829.html

 

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Six and 1/2 Lines

BY: Danno
Source: na

Kentucky - William, "Stay Puff" Hutchinson, 52, was westbound on a 2002 Yamaha Motorcycle on Ky. 80 near the Windsor community about 3:50 p.m. when an eastbound 2002 Chevrolet pickup truck turned into the path of the motorcycle, police said. The driver of the pickup, Jimmy R. Sandusky, 24, of Windsor, was attempting to turn into a private driveway when the accident occurred. Sandusky and a passenger in the truck, Jessica Dilsaver, 23, of Bowling Green were belted and not injured in the collision. Hutchinson, who was not wearing a helmet, was pronounced dead at Russell County Hospital, state police said.

6 1/2 lines on Kentucky Connect described the end of a man's life in south central Kentucky last Friday. One full line indicated that somehow he was partially to blame because he was not wearing a helmet. No one mentioned that virtually every bone in his body was broken. He had massive internal injuries. William "Stay Puff" Hutchinson died tragically. His story deserved better coverage. The killer was interviewed but not the victim's family. Blame was placed on the victim for not wearing a helmet and there was no reference for drivers to be more aware of motorcycles.

If I sound a bit bitter, I am. You see, this man was my brother and my friend. He had a family that relied on him. Am I angry with the driver of the truck? Of course, he should have been paying better attention. He should have seen my friend. He should not have been in such a hurry to pull in the driveway. There is nothing that is that important. However, hating them will not bring back my brother Stay Puff. I feel they will be punished; unfortunately it will likely not be in the criminal courts. He was just an old biker. I am sure there will be some punishment in the civil court system. My real frustration is with the media, both print and broadcast.

Stay Puff was my brother. Not by blood, but by choice. He watched over me and me over him. We have a large family in the state and around the country and we all mourned his passing yesterday. His life was important. His death was tragic. He got a few lines, 30 seconds of coverage. Most of his friends around the state did not find out, and likely still do not know. There are just too many calls to make for friends and family to communicate that kind of information. That was what the news used to do, especially when something tragic happened.

This morning a young man was killed in a car accident. It was as tragic as Stay Puff's accident. They had his picture on the TV. They described the accident. They made no inference as to what might have caused the accident. It was a single car fatality where the driver appeared to lose control and the car rolled several times ejecting the driver. That was it. Clear and concise with no moral judgments, not even the slightest reference to any negligence on the part of the victim.

I cannot understand why that does not happen with motorcycle accidents. That is not really true. I do believe I know, or at least it appears to me that most news organizations, either actively or unwittingly, support helmet laws. Instead of a complete story that would have notified the public of a tragic death readers are given a snippet of information that explains a biker was killed and had he been wearing a helmet he would likely have survived.

There is little mention of running broadside into a car at highway speed. After all, the occupants of the pickup truck were fine because they were using their government mandated seat belts, they were uninjured. No mention was made of his injuries, only the fact that he was not wearing a helmet.

Freedom of the press is fundamental. Our right to express political and cultural opinion is paramount to our continued freedom, but there is such a thing as good judgment but using a man's death to push helmet laws is immoral. I know that the rebuttal to this will be that "we were simply reporting the facts", unfortunately in this case, as in many, it was not all the facts.

Stay Puff would not have survived this accident had he been wearing the most modern and sophisticated helmet available on the market today. His entire body was broken. I was at the funeral. I saw what was left of my brother. Every bone in his body was broken and twisted. He had massive internal injuries. The driver killed my brother when he turned in front of him. He did not see him, how often do you here that? My brother could not stop and hit the side of a pick of truck at highway speed. It might as well have been a house. The impact killed him, not the lack of a helmet. The lack of attention killed him, not the lack of a helmet.

This world is filled with what I call the "know betters", I didn't coin the name but I find it fitting. They tell us how to live better and safer lives. They all feel that they know what is best for us. Most of them came from my generation. I believe it was the acid or the mushrooms that did the damage. They became so "enlightened" that they feel much wiser than the rest of us.

After all, my generation of the 60s and 70s was the first generation to experience freedom from responsibility and consequence. Now many of those same individuals think no one is smart enough to take care of themselves and the government should do it. When people want to take back some of that personal responsibility they feel threatened and try to manipulate information to squelch it.

But I am rambling as I often do when I get started with this so I will stop. I lost a great bother Friday. I mourn his loss with my other brothers and sisters. As for the media and the no or know betters. I would say you should be ashamed, but I think the majority of our major media outlets have forgotten the concept of shame.

 

 

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Motorcycle clubs stage quiet protest

 

Businesses waive ‘no colors’ policy, serve hundreds of paying customers

KINGMAN - No major incidents or disruptions were reported Saturday after more than 500 motorcyclists rolled into Kingman to protest a "no colors" policy recently instituted by several local bars.

Bikers were even served at at least one of the bars they anticipated they would be turned away from. And one bar avoided the controversy altogether by closing.

"Why would they turn us away?" said Steve Musgrave, a member of the Desert Thunder motorcycle club and a registered motorcycle rights lobbyist for eight years. "Our money should be as good as everyone else's."

Musgrave rode 240 miles from Casa Grande to protest the move by several bars in Kingman to post a "no colors" policy. Colors are defined as a patch or insignia that identifies an affiliation with a motorcycle club, although several people have said they've been asked to leave several recent local events for wearing anything motorcycle-related, including Harley-Davidson T-shirts.

In July, motorcyclists in Kingman said they began to notice a visible police presence by the State Gang Task Force at their ride events, including the weekly Bike Night, where riders gather at a local establishment to eat and socialize.

Bike Night, which is sponsored locally by Performance Specialists, moved from Chuy's on Stockton Hill Road to the Sonic Drive-In on Andy Devine in early September after Chuy's instituted a "no colors" policy.

Riders wearing their club colors on Saturday expected to document people who were turned away from Chuy's for a possible class-action lawsuit. Those who arrived armed with discrimination forms, however, found no need for them after they were served, despite wearing their vests.

Bikers were also served at Cerbat Lanes but were asked to leave the Sportsman's bar. Police responded to the location at the request of the bar owner but no arrests were made.

The owner of Mad Dog's closed the establishment Saturday afternoon and posted a notice that as a business, they have the right to establish their own dress code.

Police had a highly visible presence around town and especially outside of the American Confederation of Motorcycle Clubs' meeting, which was held at noon Saturday at the American Legion Hall at E. Oak and Third Streets downtown. A police helicopter circled in the air after the meeting had adjourned, while several marked and unmarked police vehicles drove up and down the street.

Officers in at least one unmarked SUV were taking photographs and video footage of people congregating outside of the meeting. Police from Bullhead City also patrolled the area. Sgt. Bob Fisk with the Kingman Police Department reported no incidents by mid- afternoon.

Anecdotall y, those inside and around the meeting traded stories about several riders who had been ticketed or arrested on their way to Kingman, including Sonny Barger, a founding member of the Oakland, Calif., chapter of the Hell's Angels. Barger, 71, was allegedly arrested at a gas station on Interstate 40 just east of Kingman Saturday morning. At least one law enforcement official confirmed the arrest but was unable to provide details.

Dan Balentine, president of the Kingman chapter of the Desert Road Riders, said his club was scheduled last year to host this month's ACMC meeting. It was originally scheduled to be held in Fort Mohave but was moved to Kingman so that riders could protest not only the "no colors" policy, but what the motorcyclists perceive as harassment on the part of police.

"We feel like law enforcement are the one who are trying to create a bad image of us," Balentine said.

Police have been tight-lipped about what prompted the surveillance by the State Gang Task Force in the first place, although Kingman Police Chief Robert DeVries has said previously that police aren't targeting riders as a whole but rather those involved in criminal and gang activity.

Musgrave said it is unfair for police to label motorcycle clubs as gangs.

"We are a club, not a gang. We have regular meetings and pay dues," he said. "Almost everybody here is a law-abiding citizen who has a job and pays their taxes, just like everyone else."

http://www.kingmandailyminer.com/main.asp?SectionID=1&subsectionID=1&articleID=34528

 

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Government Loses Mongols Case

The Aging Rebel praises decision.

California - The Mongols Motorcycle Club has won the fight over the seizure of its trademarks. United States Attorney Thomas P. O'Brien has lost his case. The club continues to own its name and its patch and has a constitutionally protected right to continue to exist.

Last October 21st, a brash press release announced the unsealing of a "racketeering indictment that (charged) 79 defendants" associated with "the violent Mongols outlaw motorcycle gang." The headline grabbing news in the release was that "The racketeering indictment seeks the forfeiture of the trademarked 'Mongols' name, which is part of the 'patch' members wear on their motorcycle jackets."

"In addition to pursuing the criminal charges set forth in the indictment, for the first time ever, we are seeking to forfeit the intellectual property of a gang," O'Brien bragged. "The name 'Mongols,' which is part of the gang's 'patch' that members wear on their motorcycle jackets, was trademarked by the gang. The indictment alleges that this trademark is subject to forfeiture. We have filed papers seeking a court order that will prevent gang members from using or displaying the name 'Mongols.' If the court grants our request for this order, then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back."

Bad Cops

Pulling the Mongols patch was unequivocally the principal point of the indictment. The indictment culminated a three year-long domestic spying operation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives called "Operation Black Rain." As of this writing, at least 25 former members of the Mongols Motorcycle Club have pled guilty to Count One of the indictment. That count alleges that the Club is a murdering, drug dealing criminal enterprise. Beyond a shadow of a doubt, the government coerced those defendants into making those racketeering pleas in order to build its case against the club as a whole.

Among the confessed criminal conspirators was former club President Ruben "Doc" Cavazos who claimed ownership of the club's trademarks and attempted to forfeit them to the government as part of his plea deal.

For at least six weeks, unrestrained and gloating ATF storm troopers and other police officials have been harassing American citizens simply because they are or may be or may have at one time been Mongols. Government agents have been invading people's homes and breaking into their cars in order to steal their personal property.

In two rulings, on July 31st and August 6th, Federal District Judge Florence-Marie Cooper has now put a stop to this.

No Donut

In the case Ramon Rivera versus Ronnie A. Carter, Acting Director, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); John A. Torres, Special Agent in Charge, ATF Los Angeles Field Division; and Eric H. Holder, United States Attorney General Judge Cooper enjoined "…the Government, its officers, agents, servants, employees, and attorneys, and anyone in active concert or participation with any of the foregoing persons, from seizing, or asking or directing any other person or entity to seize, from Plaintiff any property or item bearing or displaying all or part of the collective membership mark at issue in (the case) United States v. Cavazos."

A week later Judge Cooper denied "the Government's Application for Entry of Preliminary Order of Forfeiture as to Registered Trademarks, Pursuant to Guilty Plea of Ruben Cavazos." In the same ruling Cooper also denied "the Government's Motion for an Order Striking Motion by Movant Mongols Nation Motorcycle Club, Inc. for Amendment of Post-Indictment Restraining Order."

The issue of the forfeiture of the Mongols trademarks has not yet been formally decided. However, it is clear from the judge's discussion in Rivera that she has already made up her mind.

The Mongols Marks

The government has sought to destroy the identity of the Mongols Motorcycle Club by seizing two registered trademarks. The "verbal mark," is the word "Mongols" when used to mean a particular motorcycle club. The "visual mark" is a black and white drawing that depicts a Mongol with a top knot, bell bottoms and cowboy boots, riding a rigid framed motorcycle and brandishing a scimitar.

The government rationalized this seizure with the argument that Cavazos "has admitted as part of his plea (and the undisputed evidence conclusively confirms) that the Mongols Registered Trademarks were acquired and maintained by defendant (Doc Cavazos) during and in the course of the operation of the RICO enterprise." And, the argument was bolstered by more than a score of guilty pleas that supported Cavazos admission.

Cavazos' "admissions also establish that the Mongols Registered Trademarks afforded a source of influence over the RICO enterprise that (the) defendant admits he established, operated, controlled, conducted and participated in the conduct of, rendering the marks subject to forfeiture."

Chain Of Ownership

While he was running the club, Cavazos transferred ownership of the trademarks to a corporation he owned called Shotgun Productions. Last August, his successor as Mongols President, Hector "Largo" Gonzalez, transferred ownership of those marks back to an unincorporated association named Mongols Nation. Then Gonzalez transferred the marks in January 2009 to a newly-formed corporation called Mongols Nation Motorcycle Club, Inc.

The government built its case for forfeiture on this complicated chain of ownership. The Mongols Corporation, the government argued, had no standing to claim ownership of the trademarks because it did not exist until this year. The unincorporated association had no standing because it had relinquished its ownership of the marks. Cavazos, the government's reasoning went, had stolen ownership of the trademarks when he put them in the name of Shotgun Productions. And at the moment of that theft the club became his criminal enterprise.

Until the middle of June Judge Cooper seemed to agree with the government's argument. This month the lady changed her mind and blew the government's arguments to smithereens. The key decision came in the Rivera Suit.

The Rivera Suit

Ramon Rivera is a Mongols patch holder who was not charged in the case United States versus Cavazos. In Judge Cooper's words, "Plaintiff has often worn a jacket or shirt displaying the collective membership mark, both at Club activities and elsewhere. To Rivera, his display of the mark affirms his membership in the Club, and symbolizes unity and brotherhood with his friends and fellow Club members. Plaintiff has personal knowledge that if law enforcement officers saw him wearing items displaying the Mongols mark, the officers would confiscate those items. Due to the Government's threat of seizing items displaying the mark, and its actual seizure of such items, Plaintiff is chilled and deterred from publicly wearing or displaying any item bearing the mark and is currently refraining from doing so."

So, with the assistance of the San Diego office of the American Civil Liberties Union, Ramon Rivera sued the bastards.

Rivera's Standing

The government sought to dismiss Rivera's suit on the grounds that he had no standing. It is the same argument the government has used against the Mongols corporation. And, Judge Cooper rejected that argument like this:

"…the Government acknowledges Plaintiff will be unable to participate in any post-forfeiture ancillary proceeding because he claims no interest in the collective membership mark. If Plaintiff were denied standing for having no interest in the mark, Plaintiff would be denied any opportunity to challenge the potential seizure of his property and the governmental intrusion upon his rights. Plaintiff cannot be left without any remedy and must, therefore, have standing to pursue his claims in this case."

The Government Cannot Seize The Patch

Then the Judge went on to completely demolish the government's attempt to seize the Mongols trademarks.

"Even if the Court were to accept the Government's evidence that Ruben Cavazos controlled the use of the mark during his tenure as National President," Cooper wrote, "there is no support for the notion that a defendant's control of property belonging to a RICO enterprise is sufficient to establish a forfeitable ownership interest in the property. In addition, there is no evidence that Ruben Cavazos owned a majority interest or any interest in the Mongol Nation that would equate to an ownership interest in the mark. There is no evidence that Shotgun Productions, LLC ever used the mark as a collective membership mark - to indicate membership in an organization substantially similar to that of the Mongol Nation. The purported assignment to Shotgun Productions, LLC is therefore without legal effect. Moreover, the Government's evidence demonstrates that the Mongol Nation began using the collective mark in approximately 1969, and either Mongol Nation or Mongols Nation, Inc. continues to use the mark to identify their members. The Mongol Nation and Mongols Nation, Inc, by virtue of having used the collective membership mark since 1969, having registered the mark in 2005, and having continued use of the mark to identify members of the club, have acquired and maintained exclusive ownership in the collective membership mark at issue."

In a direct rebuke of the ATF Agents who have been stealing patches, tee-shirts and memorabilia from Mongols members and sympathizers the judge wrote, "…even if the Court were to assume that the collective membership mark is subject to forfeiture, the Court finds no statutory authority to seize property bearing the mark from third parties…. only defendants' interests in the RICO enterprise and the proceeds from their racketeering activity are subject to forfeiture."

The First Amendment

Finally, Judge Cooper accused the ATF of lying to her and of attempting to suppress a constitutionally protected, political viewpoint.

"At the June 22 hearing," she wrote, "the Government revealed for the first time that the mark it sought to forfeit was a collective membership mark. Previously, in its Ex Parte Application for Post-Indictment Restraining Order, the Government (in this case ATF Case Agent John Ciccone) referred to the mark simply as a trademark, which was 'purportedly for use in commerce in connection with promoting the interests of persons interested in the recreation of riding motorcycles.' In contrast to commercial trademarks, which are used in commerce and generally not entitled to full First Amendment protections, collective membership marks are used by members of an organization to 'indicate membership in a union, an association, or other organization.' The use and display of collective membership marks therefore directly implicate the First Amendment's right to freedom of association. The Supreme Court has recognized that 'implicit in the right to engage in activities protected by the First Amendment' is 'a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.' This right is crucial in preventing the majority from imposing its views on groups that would rather express other, perhaps unpopular, ideas.' Furthermore, clothing identifying one's association with an organization is generally considered expressive conduct entitled to First Amendment protection…. If speech is noncommercial in nature, it is entitled to full First Amendment protection, which prohibits the prior restraint and seizure of speech-related materials without a judicial determination that the speech is harmful, unprotected, or otherwise illegal.

"Prohibiting speech of this nature constitutes an attack on a particular viewpoint. In Sammartano (v. First Judicial District Court, in and for the County of Carson City) the Carson City courthouse enacted a rule to prohibit admission of those with 'clothing, attire or colors which have symbols, markings or words indicating an affiliation with street gangs, biker or similar organizations,' because 'such clothing or attire can be extremely disruptive and intimidating, especially when members of different groups are in the building at the same time.' The Ninth Circuit reasoned that the rule singles out bikers and similar organizations for the message their clothing is presumed to convey, and held that the rule impermissibly discriminates against a particular point of view - the view of biker clubs as opposed to garden clubs and gun clubs. In this case, the Government targets an even narrower group of individuals, a single motorcycle club. In addition, the Government has been seizing property, which imposes a greater restriction on individual rights than the denial of access to a public facility. Accordingly, the seizure of property bearing a Mongols membership mark should be considered viewpoint-discriminatory. The Government's ability to seize property bearing the trademark acts as a prior restraint and cannot stand without a judicial determination that the speech is harmful, unprotected, or otherwise illegal. No such determination was ever sought by the Government, and no such determination was ever made by the Court."

In other words the Mongols have won. The government has lost. The Mongols trademarks belong to and will continue to belong to the Mongols Motorcycle Club.

PDF of Ruling

SoAgingRebel.com

 

 

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Police Step Up Presence For Biker Festival

 

Up To 70 Officers To Patrol At One Time

FAYETTEVILLE, Ark. -- Police said there haven't been any major problems through the first two nights at Bikes, Blues and BBQ. But they're also not taking any chances.

Police will be increasing their presence each night of the festival. By Friday and Saturday night, there could be up to 70 police officers patrolling the festival at one time.

Still, police said the thousands of bikers in town for the event are generally well-behaved.

"We typically don't have many problems with them. They come in, they enjoy it, they leave," said Sgt. Bill Phelan.

Police said their biggest task might be just finding enough space for all of those people.

"Most of our problems are once again, parking, the traffic issues, pedestrians, and then we have some issues with public intoxication and disorderly conduct," Phelan said.

Those last two issues don't pop up until the sun goes down.

"Once it gets later and the drinking gets heavier, you probably don't want to have kids around," said Chad Mills, who took his young children to the festival on Thursday.

But the police presence is strong, so Mill didn't think twice before bringing his kids to check out the bikes.

"There's drinking and stuff going on but I've never experienced anybody even being rowdy. Everyone smiles at the kids and waves at the kids. I feel safe enough to bring them here," Mills said.

 

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Local VFW enacts own form of justice against flag burner

 

 

VALLEY FALLS -- Members of a local VFW hand down their own punishment after a man burns an American flag on their property.

We're told the man burned the flag after a bartender at VFW Post 1938 in Valley Falls wouldn't serve him alcohol.

"Alcohol does strange things to people," said post commander Nick Normile, "but disgrace to the American flag, we can't tolerate that."

It's a lesson in patriotism that the disgraced local man--whose identity we're protecting--may have learned the hard way at the VFW hall.

Members tell NEWS10 the flag burning happened last Friday night when the man came in and was refused a drink because did not have the proper identification. That's when they say he walked over the flag pole and did something they consider unpatriotic in the extreme.

Normile explained, "He got mad, came outside, lowered the flag and set it on fire."

Normile says the flag that was burned belonged once flew over a fox hole in Iraq. A fox hole that several U.S. soldiers never made it out of alive.

Normile, a Vietnam veteran himself, was so incensed over the flag burning that he hunted the man down.

"I found him on Sunday and I duct taped him to the flag pole," Normile said bluntly. "He didn't deny it, said he was drunk. Let's just say he volunteered to sit out here duct taped to the pole."

For six hours the man sat under the pole, wearing a sign describing his actions. Passersby snapped pictures.

"I told him to sit there like those kids that were in that foxhole and see what they felt like because you are only getting a small taste of what they went through," Normile told NEWS10.

He adds the man learned his lesson, and with that lesson learned, Normile now wants to protect the man from any violent retaliation.

Normile asked NEWS10 not to reveal the man's name to also protect the young man's family.
The bits of the flag that survived will be retired during an official ceremony.

http://www.wten.com/Global/story.asp?S=11190850

 

 

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Man miffed by Dress Code at Street Drags 

 

–Sept 22, 2009 – Arizona - By Erin Taylor - A Kingman man says he was asked to leave the drag races downtown over the weekend because of his motorcycle vest.   Sam Kormos, 43, said he was at the Napa Racing Kingman Street Drags VI event Sat for about an hour when he was approached by several security guards and asked to leave because he was wearing a Harley-Davidson vest.   Kormos, who is not affiliated with a particular motorcycle club, said he had not been disruptive during the event, which he was attending with his wife.  He said he was singled out and publicly humiliated simply for the way he was dressed.   "I've got everybody in the stands looking at me going 'I wonder what this guy has done?'" Kormos said.

 

After being escorted out of the event, Kormos said he was approached several minutes later and told he could return, but the entire experience left a bitter taste in his mouth.   He feels the incident is an extension of the harassment of motorcyclists by law enforcement and now local businesses.   Security at the event was provided by the organizers.   A call to their offices was not returned by press time.

 

Sgt. Bob Fisk with the Kingman Police Dept was at the event and learned that the man had been asked to leave.   He characterized the incident as a misunderstanding that H-D was a motorcycle club rather than a brand.   "There was some confusion on the event organizers' part," Fisk said.    Fisk added that 2 people wearing Desert Road Riders patches were asked to leave because of the event's "no colors" policy as determined by organizers. Those two people returned to the event wearing different T-shirts.

 

The Gang and Immigration Intelligence Team Enforcement Missions, also known as GIITEM, have had a visible presence in the community for several months.   Members of the task force and local law enforcement often park across the street from the weekly Bike Night event in which riders from various clubs get together and socialize.

 

The event moved from Chuy's on Stockton Hill to the Sonic Drive-In on Andy Devine 2 weeks ago, after several bars and restaurants around town instituted a "no colors" policy.  

 

Kormos said riders are being run out of Kingman.   "You want to run me out of town? I'll spend my money somewhere else," Kormos said.

 

Article URL: http://www.kingmandailyminer.com/main.asp?SectionID=1&subsectionID=1&articleID=33727

 

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Bikers Help Teen Look Cool for School

 

They're an unlikely team. A teenage girl with a life long disease and big, tattooed biker dudes. Both sides are getting a lot out of the partnership as the men are helping the teen look cool for school.

Michigan - When you see a group of tough bikers pull into a parking lot, probably the last place you think they would be going is shopping. However, the bad to the bone biker image melted away when they met 14-year-old Brittney Burke. She's a young girl recently diagnosed with scleroderma, a chronic, auto immune disease that over time causes the skin and organs to harden.

"I am just so touched by their unconditional giving," said her mother Michelle Price.

Like any teenager, Burke was nervous for her first day of high school. However, that all changed when she meet the Huron Valley Night Hawks, who held a charity ride and raised enough money to take her back-to-school shopping.

The Night Hawks became Burke's knight in shining armor. At Livonia's TJ Maxx, the bikers, who looked more like her body guards, helped hold on to her clothes, gave their opinions and even became her personal shoppers.

"It's nice to do that and it's like different seeing like bikers shopping," Burke said.

The Night Hawks generosity and shopping skills impressed Burke, but she seemed to make a lasting impression on these bikers.

"Just (knowing) that... somebody that young could go through something this traumatic," said Len "Hacker" Noe. "She's completely redefined what strength and courage... and just being strong really means."

"It just warms your heart to see her," said Chris Williamson. "She's battling such a tough disease and... to see her smile and that we're able to help her is phenomenal to me," said Chris Williamson.

It also warms the heart of Burke's mom, who had to quit her job to care for her daughter and wouldn't be able to afford the clothes without their help.

"It's so nice to know and there's a relief to me when I lay my head down at night that there are others that care about this disease to make a difference," Price said.

"It's actually really nice. I didn't even expect any of this," said Burke.

On top of everything they've done already, the Huron Valley Night Hawks plan to pick-up Burke from school on their motorcycles Tuesday, making her first day of high school one day that she will never forget.

Source: My Fox Detroit

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Staten Island Biker Saves Girl.

Saturday, August 29th 2009



 Staten Island Hero Patrick Klatt rescued a girl who had been abducted by an assailant still-at-large.
A baseball bat-wielding Staten Island homeowner was hailed as a hero after he chased away a man who dragged a 15-year-old girl into the woods, police and witnesses said.

Patrick Klatt, 51, was inside his Great Kills home Thursday night when he heard the young girl's screams from a wooded area across the street.

"He kept telling her to be quiet," Klatt said about the sicko. "[But] she yelled just loud enough for me to hear."
Klatt grabbed a baseball bat and ran out his door.
As he crossed the street, the man saw Klatt approaching and fled.

"I ran in the woods as he was running out," Klatt told the Daily News yesterday.
Ready to pursue the attacker, Klatt saw the young girl instead.
He stopped to help.
"I saw her halfway in and grabbed her by the hand," he said. "She was shaking, crying."

The teen told Klatt her attacker had grabbed her by the throat. She was hurt and her voice was raspy.

Klatt grabbed her hand and helped her to her feet.
"As long as you're with me, nobody's going to hurt you," Klatt assured the distraught teen as he led her out of the woods.

Klatt brought the frightened girl back to his house and told his brother to call 911.

The horrifying moment began as an innocent afternoon stroll for the young girl, who is not being identified because she's the victim of an attempted sexual assault.

As she walked to a friend's house, she passed a man on the street. He turned and began following her.

Suddenly, he grabbed the teen and dragged her into the woods, police and witnesses said.
Klatt said saving the young girl was not an act of heroism.

"I didn't want to make a big thing out of it," Klatt said. "I'm not a hero."
"I did what anyone should have done."

The teenager's family believes different - that Klatt saved the young girl's life.
"We are forever indebted to him," said a woman who identified herself as the girl's aunt.

"We've never met him, but he's a hero," she said, on the verge of tears. "We're so blessed with him helping."

The girl was treated for minor injuries from the attack. Her family said the attack was severely traumatic for the teenager.

"He [the attacker] was choking her quite a bit," the aunt said.
"It could have been a terrible tragedy" if Klatt had not acted, the aunt said.

The attacker is described as a Hispanic male, about 5-foot-5 and about 200 pounds.
He was wearing a red shirt, police and witnesses said.

Klatt said he never thought twice about saving the young girl.
"I'd do it again in a heartbeat," he said.

Read more: http://www.nydailynews.com/news/2009/08/29/2009-08-29_si_baseballbat_wielding_neighbor_rescues_girl_from_abductor_in_woods.html#ixzz0Pcq4yjPj

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WOW! This article doesn't lay blame on lack of helmet usage or the repeal of Minnesota's helmet law. It actually cites reasonable and possible causes.

 

Minnesota Motorcycle Deaths Increase

 

So far this year, 27 motorcycle riders have died on Minnesota roads, compared to 25 at this time in 2009.

Minnesota - There were 72 motorcyclist fatalities in 2008, the most since 1985.

Motorcycles make up less than 5 percent of all registered vehicles, but represented nearly 16 percent of the 455 motor vehicle fatalities last year. There are nearly 225,000 registered motorcycles in Minnesota, a record high.

The Minnesota Department of Public Safety (DPS) reports the most common factors attributed to motorcycle riders in crashes are speed, inexperience, inattention and impairment – all within the rider’s control.

Motorcyclists should slow down, ride within their limits, stay focused and ride sober. Last year, 47 percent of riders killed had been using alcohol—42 percent were over the legal limit of .08.

Cheri Marti, director of the DPS Office of Traffic Safety (OTS), said nearly half of all motorcycle crashes involve another vehicle.

Marti said that because motorcycles are smaller than other vehicles, it is more difficult to judge their speed and distance.

“Watch carefully for motorcycle riders this weekend, and expect to see them throughout the summer and well into fall,” said Marti.

Source: DL-Online

This article contributed by editor on Tuesday, August 11, 2009 (00:01:36)

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The First Banning of a MC s Colors – July 2009 – USA - By L J James...
 
Please read and then sign the following petition, Just click the link.   
(Petition Site)...  http://www.thepetitionsite.com/1/the-first-banning-of-an-mcs-colors-in-the-usa
 

The First Banning of a MC s Colors – July 2009 – USA - By LJ James - If you are a Member of a Motorcycle Club as I am, I'm sure you have heard about how a Judge has banned the Colors of the Mongols MC.   Not only are the Members not allowed to wear their Colors, but any item that's has their Colors on it must be forfeited upon demand. I cannot expect many who are not in a Motorcycle Club to understand what this really means!

 

Twenty years ago this would have struck fear into the soul of every American Citizen!   Today I am sure most probably will not even hear about it and those that do will probably not care!

 

What has happen to this Country?  I cannot believe this is actually happening, I have been writing stories on this for years.

 

Part of me had always hoped I was just being paranoid or that all the MCs would somehow come together on some level and work out the problems. I have been getting emails on how the Story I wrote last year called "Taken from a History book in the year 2095" does not sound so farfetched anymore?  Are there Criminals in Motorcycle Clubs?

 

We hear about Drug dealers, Rapists, Murderers in the National Football League and in Major League Baseball every day.

 

When was the last time you heard of a Biker running a Dogfighting ring?   Can a Judge just ban the Logo of a Sports Franchise if its Members are involved in some kind of Criminal activity?    You may be saying No because it’s different.   Well I say it is only different because they haven't done it yet!

 

There are the same problems in Motorcycle Clubs that there are in all organizations.

 

The Police force has much more Criminal Activity going on in it then all the Motorcycle Clubs put together!   Only difference is they can bury the truth!

 

When it comes to Motorcycle Clubs and criminal activity the big difference is, The legend of Motorcycle Clubs is we are America's bad boys and it just sells so damn good.

 

This law cannot be allowed to stand!!!   I am sure some Sport Bike Clubs and AMA Club's feel they have nothing to fear!

 

I am sure many are thinking this has nothing to do with them, It’s only the Outlaw and 1% Clubs!  They are thinking this isn't about us "we are the good guys". This always happens this way, take down the top level's first!

 

The other levels will make excuses as to why it is not their fight and stand aside. All Bikers must join the fight now because once they are done with the Outlaw and 1% Clubs, Who do you think they will be looking at Next?  Once the Outlaw / 1% Clubs are gone there will be no one left to come and help when they come for you!

 

I am pretty sure this is still America and this is completely against everything this Country was founded on and stands for!   We all must ask, If this ruling is allowed to stand what Motorcycle Club will it be next?   Will it be yours?

 

What will the reasons be that they will use to ban your Clubs patch?   Will Jay walking be enough?   Is that too ridiculous?  How about if your an MC member and you get caught with a bag of weed?   Is that enough?   Will there have to be 2 Members involved?  Three?

 

What reason will they need to ban your Motorcycle Clubs patch? When Motorcycle Clubs start having their Colors banned many members will start or join new Clubs, Because that is what we are Motorcycle Club Members! Soon the government will realize this and then Ban Motorcycle Clubs all together!   Anyone who thinks their Club is not at risk is kidding themselves!

 

The time to unite and try to work together was yesterday! Today we have no choice but to ban together and fight for our right to survive for tomorrow it will be time to hide!!!

 

Even if somehow all Motorcycle Clubs can come together and work to win this fight, It is just the beginning and there will be many more rounds to come.

 

If we are to win this fight we MUST at least make it through the first round, Then we will have a minute to pull ourselves together!!!

 

Article URL: http://www.thepetitionsite.com/1/the-first-banning-of-an-mcs-colors-in-the-usa


 
Mike SFFS 1%ER

 

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Ok, all of you Missouri bikers register to vote if you aren't already and vote as you will.  Governor Jay Nixon probably doesn't know a thing about biking, helmets or their effectiveness. He obviously doesn't care what you think either.

July 2, 2009

Gov. Nixon vetoes bill to repeal Missouri helmet law; cites increased health care costs to taxpayers, public safety as primary concerns


JEFFERSON CITY, Mo. - Gov. Jay Nixon today vetoed Senate Bill 202, legislation that would have repealed Missouri's helmet law for motorcycle riders. In vetoing the bill, Gov. Nixon cited two primary concerns: the significantly increased health care costs that could have resulted from the repeal, and the safety of Missouri's motorcycle riders.

"In terms of lives and of dollars, the cost of repealing Missouri's helmet law simply would have been too high," Gov. Nixon said. "By keeping Missouri's helmet law intact, we will save numerous lives, while also saving Missouri taxpayers millions of dollars in increased health care costs. Keeping our helmet law in place was the safe and cost-effective choice for Missouri."

Universal helmet laws, such as the law Missouri has had since 1967, require all motorcycle riders to wear a helmet at all times while riding. According to data from the National Highway Traffic Safety Administration (NHTSA), the economic consequences of repealing such a law are clear. When Florida repealed its universal helmet law in 2002, the cost to treat patients diagnosed with head injuries as a result of motorcycle accidents doubled, reaching a total of $44 million. [Traffic Safety Facts, NHTSA, 2008] Nationally, one academic study estimated that the total cost to treat motorcycle accident victims who were not wearing a helmet is $250,231,734 a year more than the cost of treating victims who were wearing a helmet [Economic Impact of Motorcycle Helmets: From Impact to Discharge, Journal of Trauma-Injury, Infection & Critical Care, 2006]

Data from health care providers and insurance companies indicate that the taxpayers ultimately must pay for a significant portion of these increased treatment costs. After the Florida repeal, 16 percent of injured motorcyclists admitted to a hospital for treatment were either under-insured or uninsured, and the costs for another 21 percent of those admitted were billed to either charitable or public sources, such as Medicaid. [Traffic Safety Facts, NHTSA, 2008]

The public safety implications of eliminating or weakening a universal helmet law also are devastating. The NHTSA reports that helmets reduce the likelihood of a motorcycle fatality by 37 percent; but without a helmet law, riders more often choose not to wear protective headgear. As a result, when states repeal their helmet laws, motorcycle fatalities skyrocket. [Traffic Safety Facts, NHTSA, 2008]

According to an NHTSA report, in the 30 months following Florida's repeal of its universal helmet law in 2002, the number of motorcycle fatalities jumped sharply. That year, the state had projected 242 motorcycle fatalities in light of increased registration of motorcycle riders. In fact, however, 301 motorcycle riders died in Florida in 2002 - 24 percent more than expected. For the two years before and after Florida's repeal, fatalities per 10,000 motorcycle riders increased 21 percent in that state, compared with 13 percent nationally. [Evaluation of the Repeal of the All-Rider Motorcycle Helmet Law in Florida, National Highway Traffic Safety Administration, 2005]

In other states where universal helmet laws have been repealed, the trend is similar. According to the NHTSA, fatalities increased by 31 percent in the year following the repeal of the Texas helmet law in 1997. When Arkansas repealed its helmet law the same year, fatalities increased by 21 percent. [What Happens When a Helmet Law is Repealed? Traffic Safety Facts, NHTSA, 2008]

 

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After reading this I don't know how businesses get away with banning colors but they do. Can we sue the city of Fayetteville ? What about Hog Rock in Illinois or Hawg Holler in Tennessee ?

Anti-Discrimination Law - ARKANSAS

DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

Article 2, Section 1, 4, and 6 of the Arkansas Constitution guarantees the right to everyone in Arkansas of freedom of speech, expression and association. Cooper V. Henslee. 257 Ark. 963. A person's constitutional right to freedom of speech, expression and association include the right to dress and belong to clubs or organizations of their choice. Individuals and businesses who discriminate against individuals on the basis of their clothing or club membership may be subject to lawsuit.
The United States Supreme Court in the case of Cohen v. California, 403 U.S. 15 (1971), held that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. The right of an individual to freedom and association has long been recognized and protected by the United States Supreme Court. Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization of his choice is constitutionally protected, and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

 

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"Class Teaches Cops About Biker Gangs"

"FAYETTEVILLE, Ark. -- Fayetteville's Bikes Blues and Barbecue motorcycle rally attracts bikers from all over the country, but local law enforcement wants to make sure it doesn't attract any crime.

Officers from around the state met Wednesday at the Washington County Sheriffs office for a special class on identifying motorcycle gangs and preventing criminal activity.

One local area they specifically focused on was Dickson Street in Fayetteville, where Bikes, Blues, and Barbecue is held. Washington County deputies said the past few festivals have gone on without any major problems, but they just want to be extra sure criminal activity stays low in future festivals. Deputies said the event has a reputation for being relatively safe, as opposed to other rallies in places like Sturgis, S.D. and Daytona, Fla., which have been known to get somewhat rough.

Sgt. John Wood of the Washington County Sheriff's office said Wednesday's class primarily focused on identifying gangs. Class instructors taught officers to look for certain styles of clothing and specific colors that gangs often wear. Officers also shared their personal experiences of dealing with biker gangs in criminal situations, and then discussed how similar instances could be avoided in the future.

Biker Coy Stevens is not a part of a gang, but he said he is aware of their existence locally. Still, he said he has never had any problems with them.

You see Outlaws and MCs around but you never see any problems with them on Dickson Street for the most part, he said.

The Washington County Sheriff's Office said they plan on having both uniformed and undercover officers patrolling this year's Bikes, Blues, and Barbecue event.

Wednesdays class was free of charge for law enforcement and was put on by the Criminal Justice Institute from Little Rock."

http://www.nationalgangcenter.gov/documents/definitions.pdf     

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That rumble rolling up Valley roads on warm summer evenings is sweet music to some — and a buzz-kill for others.

California - It’s the roar of motorcycles, revving at stoplights and thundering up and down the street, bouncing shock waves off buildings like the soundtrack of a 1960s biker movie.

For some motorcyclists, the noise is as much a part of the riding experience as fresh air. Harley-Davidson even sought to patent the potato-potato sound of its engines a decade ago.

Some riders pump up the volume even more by removing stock catalytic converters and adding aftermarket pipes in search of better performance — and an ear-splitting roar that can infuriate patio diners or sidewalk latte drinkers.

While some bikers revel in the sound, others justify it by saying it protects them from inattentive motorists. “Loud pipes save lives,” is their mantra.

Nonsense, says Fresno motorcycle Sgt. Eric Eide, who rides an ultra-quiet BMW.

“Straight pipes are hugely offensive,” he said. “It’s a quality-of-life issue.”

Noise “is one of those things that needs to be addressed.”

That appears to be happening. A proposed law working its way through the California legislature, SB 435 by State Sen. Fran Pavley (D-Agoura Hills), targets modified motorcycle exhausts that produce more air pollution. The bill also aims at the extra noise generated by after-market motorcycle exhausts.

Local opinions are as sharply divided as they were during a recent Sacramento hearing on the bill.

Scott Maddox, who was standing near his Harley-Davidson on Olive Avenue, didn’t think it was fair to single out motorcycles.

“I don’t know if it’s any more noise than when a city bus goes by,” he said.

Karey Wedemeyer, who was enjoying ice cream at an outdoor table, seemed to agree.

“It’s no more a problem than loud] stereos,” she said. “It’s more the stereos that bother me.”

Several blocks up the street, bicyclist Kevin Statham disagreed.

“No one should have the right to inflict their noise [on others] as they drive down the street,” he said. “Ridiculous.”

Said Mariam Widenham, who tends bar on Olive: “If you start it up and go, it’s cool. But if you’re revving it … it’s rude.”

Martin Garcia, who rides a Yamaha cruiser, concedes that sometimes the temptation to do just that sometimes takes over.

“Everyone does it,” he said. “They want to see how loud their bike is … like we don’t know it’s loud enough already.”

Eide attributes the excessive noise to some motorcyclists trying to emulate the outlaw biker lifestyle through loud exhausts, faux-Nazi helmets and skull facial masks. Eide said officers currently use a vehicle code section to cite motorcyclists for excessive noise but generally only go after extreme cases.

And it isn’t always easy for police to make noise violations stick. Mary Lynne Vellinga, a legislative consultant in Pavley’s Sacramento office, said the standards in the current law are not clear and tickets may not stand up in court. She said her research shows that California Highway Patrol officers wrote just 14 citations in the past two years.

Pavley’s office wants to strengthen the law and, after an initial setback, is still fine-tuning a bill that would do so, Vellinga said. A portion of the bill that would require semi-annual smog checks for motorcycles appears dead for now, but Vellinga said her office still intends to use SB 435 to target motorcyclists who remove catalytic converters.

Under the current law, a motorcyclist cited for removing a converter often can ride home, bolt the stock exhaust back on and have the citation cleared. That would be much more difficult if smog checks were required because many riders would need to have expensive engine modifications done to pass a tailpipe emissions test. Vellinga concedes getting a law through the legislature has been a tough slog.

“Motorcycle folks are super-vocal,” she said.

But industry officials are aware a backlash is looming. Harley-Davidson President Jim McCaslin, in a message on the company’s Web site, told riders to pipe down, citing a 400% increase in negative news stories regarding motorcycle noise in the past 10 years. Local dealers warn about it as well. At Harley-Davidson/Buell of Fresno on West Shaw Avenue, a sign urges bikers to ride away quietly.

“The noise issue is huge,” said Peggy Day, sales manager. She said the American Motorcycle Association had to fight local officials near Carmel to win back the right for motorcyclists to ride down 17 Mile Drive. She said riders need to discipline themselves.

“Unless we’re socially responsible,” she said, “our right to ride is in jeopardy.”

Source: Fresno Bee

This article contributed by editor on Wednesday, June 17, 2009 (00:41:12)

 

 

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Speeding

As reported by the NHTSA


Racing, driving faster than the posted speed limit or simply going too fast for road conditions — i.e., speeding — comprises the second highest cause of death in fatal crashes, according to the NHTSA. Once you hit 55 mph, you're in the danger zone: 30 percent of fatalities occur at 55 or above. The worst-case scenarios invariably involve speeding without wearing a seat belt or a motorcycle helmet. Fatality rates for speeding motorcyclists are shockingly high: In 2007, speeding was a factor in 36 percent of motorcycle fatalities. Of those, 41 percent of drivers and more than half of passengers were not wearing helmets (only 20 states and the District of Columbia require helmets).

 

So. the way this reads, 59% of motorcycle traffic fatalities WERE WEARING HELMETS! 

I just thought I'd point this out. Does this mean they should ban helmets? The NHTSA doesn't look at statistics like a biker does. They report statistics in a way that makes the readers agree with them and their beliefs.

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Label inside a new helmet, 2002

WARNING: No protective headgear can protect the wearer against all foreseeable impacts. This helmet is not designed to provide neck or lower head protection. This helmet exceeds Federal Standard FMVSS218: Even so death or severe injury may result from speeds as low as 15 mph while wearing a helmet." 

 

72% of U.S. motorcyclists already wear a helmet, either by choice or by existing state laws, while auto drivers use seat belts only 47% of the time. ...more than half of all auto fatalities involve a head injury... yet no one would suggest that auto drivers should wear helmets.

 

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email: Sarge

Copyright © 1999 by Association MC. All rights reserved.
Revised: 06 Feb 2011 09:17:50 -0700 .