ORMOND BEACH, FLORIDA - Now that Biketoberfest is over and the bikers have left town, Ormond Beach officials hope one group never returns. For about a year, the American Outlaws Association, also known as the Outlaws Motorcycle Club, has been operating out of a small building at 1148 U.S. 1, just outside the city limits. Ormond officials don't want them anywhere close. City Attorney Randy Hayes took Volusia County officials to task in an email outlining violations by the group and the county's seeming unwillingness to act. Club members declined to comment, while the owner of the building says the Outlaws have been model tenants. But Hayes said the club's presence is like a ticking bomb. "They don't allow Johnny B. Goode to be a part of their club," he said Monday. "These are outlaws. They're bad people." At issue is what the club does inside the facility, which is adorned with several club symbols, including a skull and pistons on the mailbox. Hayes said the club moved into the facility as a "leather shop." Police Chief Andy Osterkamp told him and City Manager Joyce Shanahan in the email that members outside the building told him recently that they had given up on producing Outlaws merchandise because of overhead costs. Hayes said the fact that the facility is no longer used to sell leather goods and merely a clubhouse violates the county's zoning code. "It's clearly not a leather shop," Hayes said. Volusia County Deputy Attorney Jamie Seaman replied in an email to Hayes that the county can't act on "hearsay" and that someone must formally testify against the group before action can be taken. "The county is not trying to be obstructionists," she wrote. "But, just like a court, the proof must be firsthand not hearsay." County spokesman Dave Byron added that the county is aware of Ormond Beach's concerns but so far county staff has not seen any violations. "We are pursuing this, but at this point we don't have sufficient documentation to support the city's concerns," he said. According to the Volusia County Property Appraiser's Office, BJL Properties Inc. owns the land and Barney's Leather Inc. operates out of the building. William and Lisa McCarthy are listed as the principal managers of BJL while William McCarthy is listed as the principal owner of Barney's. Lisa McCarthy, a fellow biker, said Monday the motorcycle club has "gotten along with everyone." "It's surprising," she said of Ormond Beach's concerns. "I haven't had any problem with (the club)." Volusia County sheriff's spokesman Gary Davidson said no criminal complaints have been lodged regarding the location in the last year. The Outlaws, though, have some history with local law enforcement. In 2007, the FBI and Daytona Beach police raided the club's headquarters at 615 N. Beach St. as part of a national investigation. In 2011, Daytona Beach police parked its mobile headquarters during biker events outside an Outlaws clubhouse on Tanglewood Street, eventually forcing them to leave town. Prior to that, local and federal authorities seized the Outlaws' then-Daytona Beach clubhouse at 9 N. Peninsula Drive and a vacant business owned by the club on Main Street. "All of the motorcycle gangs ... they are domestic terrorist groups," Daytona Beach Police Chief Mike Chitwood said. As late as 2011, the Outlaws Motorcycle Club was identified as a gang by the National Gang Intelligence Center. Hayes requested the county seek a cease-and-desist order against the biker club, saying the county's position undermined any meaningful enforcement of regulations. "Now pick a side," he wrote, "the safety of our residents or non-existent rights of criminals?"

Suing The Bastards 

from agingebel.com There were setbacks in two biker civil rights suits last week. Both cases are being contested in federal court. One case is being heard in New Jersey and the other in Nevada. Both cases are still alive and may eventually discourage the common police practice of harassing bikers wearing colors on public roads. The New Jersey case is titled James Coles et al. v. Nicholas Carlini et al. The Nevada case is titled Southern Nevada Confederation of Clubs, Inc. et al. v. Las Vegas Metropolitan Police Department et al.

New Jersey Suit

The Coles case was filed by three men named James Coles, Joseph Ballinger and Louis C. Degailler in November 2010. All three are now members of the Pagans. The three were part of a small pack including members of the Tribe Motorcycle Club which was stopped by New Jersey State Police while going to a charity event. The Trooper in charge was Nicholas Carlini and the stop was obviously made in order to harass and intimidate the six men as a form of extra-judicial punishment for belonging to motorcycle clubs and wearing insignia of membership on their backs. Carlini lectured his detainees that the only gang allowed on New Jersey’s roads was the State Police.

Dueling Countermotions

Last February both sides in the slow-moving case asked Judge Jerome B. Simandle to issue summary judgments. Coles, Joseph Ballinger and Degailler sought summary judgment only on the question of whether “the first amendment was violated by the defendant State Troopers in the course of their ‘anti-colors’ speech delivered during plaintiffs’ custodial detention at roadside.” They didn’t seek a judgment on “whether the stop itself was pretextual and initiated in retaliation for Plaintiffs’ alleged expressive conduct.” The State Police sought a summary judgment of the entire case in their favor on three grounds: “(1) Defendants are entitled to qualified immunity, (2) no violation of the First Amendment occurred, and (3) Plaintiffs Coles and Ballinger are judicially estopped from asserting claims for damages because they failed to disclose their potential claims when each was going through bankruptcy.” The court listened to the lawyers argue about all this on July 7 and ruled against everybody on July 22.

Core Issues Unchanged

First the judge ruled that since none of the men actually removed his club insignia Trooper Carlini’s bullying speech was simply an “attempt” to deprive the bikers of their free speech rights. He did not rule on the issue of whether the stop itself was intended to deprive the men of their Constitutional rights. The State Police had asked that Coles and Ballinger be denied any monetary judgment in the case because they had neglected to list a judgment in the case as a potential asset when both declared bankruptcy. The bankruptcies were filed well before this civil suit but were in their final stages after the suit was filed. Most case law indicates that whether the men could be compensated or not was almost entirely at the judge’s discretion. He ruled against Coles and Ballinger because he thought they acted in “bad faith.” Simandle put it like this: “On the judicial estoppel issue, the key question for the Court is whether bad faith may be inferred from Coles’s and Ballinger’s nondisclosure of this litigation as a contingent asset in their bankruptcy proceedings, while simultaneously pursuing the present claims for damages. Because the Court finds that bad faith may be inferred in this case, the Court will grant Defendants’ motion for partial summary judgment, prohibiting Coles and Ballinger from seeking compensatory or punitive damages.” However the third plaintiff, Degailler, can still be awarded monetary damages if the suit is successful. All three plaintiffs can still obtain what is called “injunctive relief” if they win the suit – which means that Simandle will order the New Jersey State Police not to do it again.

Nevada Case

The key issue in the Nevada case was whether the Confederation of Clubs had legal standing to sue Vegas Metro and the other defendants including former Boulder City Police Chief Thomas Finn. Last Friday Judge Andrew P. Gordon ruled the COC does not. He instructed the Plaintiff’s lawyer in the case. Stephen Stubbs, to modify and refile the suit by the end of next month and he basically told Stubbs how to do it. The judge wants to see the plaintiff’s sorted by club. At the end of his ruling he wrote: “At the July 24, 2013 hearing on the motion to sever, Plaintiffs requested that the court allow the cases to be refiled and grouped by each motorcycle club, such that each club and its related members may file a single complaint (e.g., allowing all Mongols incidents to be contained in one lawsuit, all Stray Cats incidents in another). Based on the allegations presently before the court, the cases may be grouped together as follows: all Mongols incidents may be joined in the present lawsuit (involving Espinoza’s First, Second, and Third Claims for Relief), along with the Jerald Murillo incident; all Stray Cats incidents may be joined in one complaint; all Bandidos incidents may be joined in one complaint along with the Down and Dirty Motorcycle Club incident; the Joseph Pitka incident must be filed in a separate complaint unless Plaintiffs can establish that it should be properly joined with another lawsuit. Each such complaint must be sufficiently pled to satisfy both the joinder requirements ofRule 20 discussed above, and the standing requirements for each plaintiff (including individuals and motorcycle clubs) to maintain the claims. The court does not opine at this time whether the motorcycle clubs can satisfy the standing requirements of Federal Rule ofCivil Procedure 17(b)(3) and any other applicable law. “Plaintiffs are granted leave to amend the present Amended Complaint (as described above) by August 30, 2013. Similarly, the new and separate lawsuits must be filed by August 30,2013, and will be assigned new case numbers. The court further orders that each of the cases will be consolidated before this court for purposes of discovery. Thus, Plaintiffs shall note in the caption of each complaint that any new case filed as a result of this order is related to this base case, and should be assigned to the same judges. The parties to each of the severed actions are required to pay a filing fee.”

Stubbs Comments

When reached for comment, Stubbs said “What has happened is that Federal Court Judge Andrew Gordon granted me a ‘do over’ with some guidance.” “Judge Gordon specifically states that all claims for relief are to be grouped by club, dismisses all claims but the Mongols claims, grants me leave to amend the Mongols claims to repair any defects, and then instructs me to file new and separate claims for the other clubs.” Both suits are ongoing and should remain so for at least another year.

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Support the AMA by accepting the E15 Challenge. Will you accept the challenge?
On June 18, boosters of the untested E15 fuel blend (15 percent ethanol by volume) issued a statement saying there is no need for misfueling concerns for motorcycles as E15 becomes available to the public. It specifically cited the American Motorcyclist Association, in part, for delaying the availability of E15 in a press conference call. The group insisted that the U.S. Environmental Protection Agency “has seen to it that E15 is clearly labeled at fueling stations.” Additionally, the group released an E15 fact sheet for motorcyclists. The fact sheet stated that E15 is illegal to put into a motorcycle engine. Telling motorcyclists that E15 use is illegal completely misses the point, because motorcyclists don't want to use it for any reason unless independent testing confirms it is safe. One of the AMA’s concerns has always been that riders might unintentionally put E15 in their fuel tanks, due to confusing implementation of the EPA Misfueling Mitigation Plan. So now, besides having serious concerns with the potential harmful effects of unsafe fuel and inadvertent misfueling, AMA members and the motorcycling community have to worry about the consequences of breaking a federal law. The AMA is troubled by the EPA plan for retailers to avoid inadvertent misfueling by consumers because the plan does not provide clarity to AMA members and the public. For example, it calls for yet another label on a blender pump that already has many labels. The plan does not require any physical barriers in the fueling nozzle/receptacle, as was provided when the nation transitioned from leaded to unleaded fuel. Finally, the plan calls for a single, separate E10/E0 fuel pump when E15 will be sold through a blender pump and signage directing consumers to an E10-or-lower fuel pump. In addition to our concerns with the EPA Misfueling Mitigation Plan, we question if every retailer selling E15 will abide by its requirements. If a retailer does not clearly label E15, a motorcyclist may inadvertently receive it, believing it is an E10 or E0 blend. If a retailer does not separate E10 from E15 in a blender pump, a motorcyclist selecting E10 can inadvertently receive up to a quart of E15 fuel leftover in the pump hose. Or if a retailer offers only a single pump with E10/E0, what options are left when the pump runs out of what is likely to be the most popular fuel offered at that station? Get the facts on this important issue with the AMA’s E15 and Motorcycles-a Q&A. Are you concerned enough to act? Take the AMA E15 Challenge. What is the E15 Challenge? The AMA wants to achieve 15,000 (in total) actions. Currently, we are at several thousand actions. You can: Sign the AMA electronic petition Send prewritten letters to your representative and senators Tweet and retweet using the message “Help the American Motorcyclist Association protect motorcycling rights. Demand more testing of #E15! #TestE15 #AMA_Rights” Share this alert on Facebook

Urge your representative to support today!

On May 7, U.S. Rep. Jim Sensenbrenner (R-Wis.) introduced H.R. 1861, the Stop Motorcycle Checkpoint Funding Act. The bill will protect motorcyclists’ rights and promote crash prevention as the most effective use of taxpayer money to save motorcyclists’ lives. The bill incorporates Sensenbrenner’s legislation (H.R. 904) introduced in the previous Congress. H.R. 904 would prohibit the U.S. Department of Transportation from providing funds to state and local authorities for the purpose of creating motorcycle-only checkpoints. However, this bill also contains language to force the DOT to focus motorcycle safety efforts on crash prevention programs. The Stop Motorcycle Checkpoint Funding Act amends Section 153 of Title 23, United States Code, by removing “motorcycle helmets.” This change will prohibit the DOT from providing grants to states to enforce helmet laws. It will also prohibit the DOT from interfering in state matters with federal funds. For many years, the American Motorcyclist Association has strongly encouraged the voluntary use by adult riders of helmets certified by their manufacturers to meet the DOT standard as part of a comprehensive motorcycle safety program to help reduce injuries and fatalities in the event of a motorcycle crash. However, helmet mandates do not prevent crashes. The AMA believes that comprehensive motorcycle safety programs must promote strategies to prevent motorcycle crashes in the first place. Current law states highway safety plans must prevent crashes and reduce injuries. The Stop Motorcycle Checkpoint Funding Act would require highway safety plans to include programs that “prevent accidents in order to reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles” by amending Section 402 of Title 23, United States Code. Historically, the enforcement of helmet mandates has siphoned away scarce funds from effective crash prevention programs such as rider education and motorist awareness. This bill is critical to ending the discriminatory practice of MOCs and preventing motorcycle crashes. The motorcycling community needs you to contact your representative now to ask him or her to become a cosponsor. Just follow the "Take Action" option to send a pre-written email directly to your representative. To view the AMA's efforts to end motorcycle-only checkpoints, go to http://www.americanmotorcyclist.com/rights/motorcycleonlycheckpoints.aspx.

On Wednesday, June 19, the American Motorcyclist Association will host a lobby day – “Fuel For Thought” -- in Washington, D.C., to bring attention to the need for additional testing of E15 fuel (gasoline containing up to 15 percent ethanol by volume). All motorcyclists and those who are concerned about the possible effects of E15 gasoline are invited to attend!   Currently, E15 is not approved for use in any motorcycles or ATVs. But the possibility for misfueling is real.   The U.S. Environmental Protection Agency approved the use of E15 for 2001-and-newer light-duty vehicles, which includes cars, light-duty trucks and medium-duty passenger vehicles. However, motorcycles and ATVs are not on the approved list. While the EPA contends that the fuel is safe to use for certain other vehicles, misfueling of motorcycles and ATVs is a significant concern.   To increase awareness of the E15 issue to members of Congress, the AMA will host a motorcyclist lobby day on Capitol Hill on June 19. The program will begin with a motorcycle ride, followed by a rally and will culminate in a lobbying effort with participants visiting their congressional delegations’ offices. Motorcycle riding participants will have first priority to receive a gift bag and a fuel gift card.   The decision by the EPA to allow E15 in the marketplace comes after only one test – a test that did not include any motorcycles or ATVs. E15 has reportedly been found to cause accelerated corrosion of fuel pump parts, plugged filters, decrease in fuel efficiency and damage to emissions control systems.   Auto manufacturers such as Honda, BMW and 10 others responded to an inquiry from U.S. Rep. Jim Sensenbrenner. Their responses state that many warranties will be voided if E15 is used in their products. This will affect millions of consumers nationwide as they purchase fuel for their motorcycles, ATVs, snowmobiles, boats and lawn equipment.   The AMA is calling for an independent test by the National Academy of Sciences on the effects of E15 on engines, including those of motorcycles and ATVs.

Urge your senators to support today!
On Feb. 14, U.S. Sens. Roger Wicker (R-Miss.) and David Vitter (R-La.) introduced S. 344. The bill would overturn the U.S. Environmental Protection Agency waivers that allowed gasoline containing 15 percent ethanol (E15) to be used for many passenger cars and light trucks. “EPA’s flawed waivers allowing E15 amount to government bureaucrats issuing short-sighted regulations that negatively impact families and businesses across the country,” said Wicker, a member of the Environment and Public Works (EPW) Committee. “The concerns surrounding E15 that existed prior to the waivers have increased instead of diminishing.” “Whether you drive a car, truck, boat, or tractor, misfueling with E15 could result in engine failure, increased emissions, and the voiding of warranty coverage,” said Vitter. “It is irresponsible for EPA to allow E15 without sufficient testing and technical analysis. I support an all-inclusive energy strategy, but experimenting before understanding the consequences and potential cost of using E15 is unfair to consumers.” The American Motorcyclist Association has repeatedly expressed concerns to government officials and federal lawmakers about possible damage to motorcycle and all-terrain vehicle engines caused by the inadvertent use of E15 when the new fuel becomes widely available, and has asked that motorcycles and ATVs be part of any scientific study into the effects of E15. The new E15 gasoline formulation may appear at a fueling station near you and you need to be careful where you use this new fuel blend. That is because the EPA, in October 2010, approved E15 for use in model year 2007 and newer light duty vehicles (cars, light-duty trucks, and medium-duty passenger vehicles). In January 2011, it added model year 2001-2006 light duty vehicles to the approved list. No motorcycles or ATVs are currently on the list. Since the approved list includes many light-duty vehicles in use today, refineries, distributors, and fueling stations may choose to offer primarily E15 gasoline because of this action by the EPA. This should concern all motorcyclists and off-highway enthusiasts since this may affect the availability of gasoline with less or no ethanol (E10 or E0). We need your help to pass S. 344. You can send a prewritten email to your senators immediately by following the "Take Action" option and entering your information. The AMA encourages riders to personalize their message by drawing on their own personal riding experiences. Send a message to your federal lawmakers immediately, urging your senators to support S. 344 and to back an independent study to determine whether E15 is safe for motorcycle and ATV engines.

Four-gallon minimum fuel mandate: EPA fails to meet deadline in response to congressional letter seeking answers	Take Action!
Please urge the EPA to respond!
On Sept. 10, the U.S. House Committee on Science, Space and Technology sent a letter to the U.S. Environmental Protection Agency addressed to Administrator Lisa Jackson. The congressional letter is seeking answers from the EPA on its recent decision to mandate consumers purchase at least four gallons of fuel from certain blender pumps that dispense both E15 and E10 gasoline-ethanol blends. To date, no manufacturer has introduced a mass production motorcycle or all-terrain vehicle designed to operate on E15 fuel. The letter had a Sept. 24 deadline to respond. To date, the EPA has not responded to the congressional letter. As the American Motorcyclist Association previously reported, the EPA revealed the requirement to the AMA in a letter dated Aug. 1, responding to AMA concerns that E15 -- a gasoline formulation that contains up to 15 percent ethanol by volume – could be put in motorcycle and ATV fuel tanks inadvertently when consumers use blender pumps. A blender pump dispenses different fuel blends through the same hose. “With E15 gasoline, our members who make a concerted effort to fuel their motorcycles or ATVs with E10-or-less gasoline may be unknowingly refueling with residual fuel left in the hose,” Wayne Allard, AMA vice president for government relations, wrote in a June 20 letter to Jackson. “Unlike an automobile or SUV with a large fuel tank, the residual fuel left in a fueling hose could be detrimental to the performance of motorcycle or ATV engines due to the small size of their fuel tanks and the higher concentration of ethanol that would, therefore, be present in the fuel,” Allard wrote. “In addition, the use of E15 will lower fuel efficiency and possibly cause premature engine failure,” he wrote. “Use of E15 fuel voids many manufacturer warranties. In off-road engines, the effects can even be dangerous for users.” Byron Bunker of the EPA National Vehicle and Fuel Emissions Laboratory responded to the AMA on behalf of Jackson. “EPA requires that retail stations that own or operate blender pumps either dispense E15 from a dedicated hose and nozzle if able or, in the case of E15 and E10 being dispensed from the same hose, require that at least four gallons of fuel be purchased to prevent vehicles and engines with smaller fuel tanks from being exposed to gasoline-ethanol blended fuels containing greater than 10 volume percent ethanol,” Bunker wrote. “Additionally, EPA is requiring that retail stations that offer E10 and E15 from the same hose and nozzle use additional labeling to inform consumers about the minimum purchase requirement,” Bunker wrote. “Since motorcyclists and ATV users, as you suggest, have relatively small fuel tanks, they should pay careful attention to the labeling of blender pumps to ensure that an appropriate fuel is chosen, in this case E10 or E0,” he wrote. The problem with the new EPA policy is that not all motorcycle and ATV gas tanks hold four or more gallons. “Not only do we find it unacceptable for the EPA to mandate that our members buy minimum amounts of gas, but the EPA answer simply won’t work because of the sizes of many motorcycle and ATV gas tanks,” said Allard. “Furthermore, off-highway riders take containers of gas with them on their trips, and most times those containers are much smaller than four gallons. “The EPA needs to come up with a better solution,” he said. “The EPA also needs to back an independent study to determine whether E15 is safe for motorcycle and ATV engines.” The AMA has repeatedly expressed concerns to government officials and federal lawmakers about possible damage to motorcycle and ATV engines caused by the inadvertent use of E15 when the new fuel becomes widely available, and has asked that motorcycles and ATVs be part of any scientific study into the effects of E15. In October 2010, the EPA approved the use of E15 in model year 2007 and newer light-duty vehicles (cars, light-duty trucks and medium-duty passenger vehicles). Then, in January 2011, the EPA added model year 2001-2006 light-duty vehicles to the approved list. Riders should pay attention to this list because no motorcycles or ATVs are currently listed. The AMA is concerned about E15 because it burns hotter than gasoline that contains a lesser amount of ethanol. In engines not designed to dissipate that extra heat, damage in the form of premature wear can result. Although this is a concern in all motorcycles, it's particularly problematic for air-cooled engines found in many motorcycles and ATVs. Moreover, use of E15 may even void the manufacturer warranty. Since the approved list includes many light-duty vehicles in use today, refineries, distributors, and fueling stations may choose to offer primarily E15 gasoline because of this action by the EPA. The new EPA policy should concern all motorcyclists and off-highway enthusiasts because this can affect the availability of gasoline with less or no ethanol (E10 or E0). Please send a prewritten message to the EPA asking Jackson to respond to the congressional letter that seeks answers on the recent decision by the EPA to mandate consumers purchase at least four gallons of fuel from certain blender pumps that dispense both E15 and E10 gasoline-ethanol blends.

The Hells Angels Motorcycle Club has filed a lawsuit against several federal agency heads, claiming the group's foreign members have been wrongfully banned from entering the United States. Homeland Security Janet Napolitano, Secretary of State Hillary Clinton, and U.S. Citizen and Immigration Services Director Alejandro Mayorkas are named as defendants in the lawsuit, as the lawsuit claims their executive rules could be violating the Hells Angels' constitutional rights. The federal lawsuit contends that several foreign Hells Angels members applied for visas last year to attend one of the club's major events in New Hampshire, and they were denied, based on their membership with the Hells Angels. According to the lawsuit, "[m]any members" of the Hells Angels don't have criminal records, and the club says it's not a "criminal organization." On the other hand, the lawsuit recognizes that Homeland Security and the Department of State made an agreement to define the Hells Angels as a "known criminal organization" in the Department of State's Foreign Affairs Manual -- thus making them ineligible to obtain a visa. But the Hells Angels' lawsuit claims this rule flies in the face of the congressional immigration legislation that allows immigration officials to deny visas for security reasons. "Defendants will deny visas to all aliens based solely on their membership in a Hells Angels charter without further analysis into whether or not that individual seeks to enter the United States to engage solely, principally, or incidentally in unlawful activity," the lawsuit states. The Hells Angels are ultimately seeking a permanent injunction against the rules that are keeping its members from getting visas -- which would likely apply to other biker gangs listed by the State Department, like the Outlaws, Bandidos, and Mongols, as well as street gangs like MS 13 and the 18th Street gang. The lawsuit can be found below:

A group of motorcycle clubs has filed a federal lawsuit against the Metro and North Las Vegas police departments, claiming that their civil rights have been violated. The lawsuit was filed on Monday in U.S. District Court in Nevada by the Southern Nevada Confederation of Clubs, which is comprised of 37 Las Vegas-based motorcycle clubs.

MCs v. North Las Vegas Police

Although the SNCC represents 37 different motorcycle clubs, the current lawsuit was filed on behalf of four groups: the Mongols, Bandidos, Vagos and Stray Cats.

The Lawsuit

Members of the four motorcycle clubs allege that they were “unlawfully targeted and harassed” by the two police departments. Not limited to once particular incident, the alleged violations actually took place over the course of several years, according to Stephen Stubbs, attorney for the motorcycle clubs. Stubbs contends that Metro Police Detective Joseph Gagliardi was responsible for the majority of the abuse. The lawsuit also names fourteen Metro officers, Clark County Sherriff Doug Gillespie, and North Las Vegas Police Chief Joe Chronister as defendants. Additionally, the clubs reserves the right to add yet to be identified officers that violated protocol, according to the lawsuit. The complainants are seeking over $75,000 on each of its 15 different claims and also punitive and exemplarily damages of more than $75,000.

What Happened

The lawsuit claims that Las Vegas police threatened to revoke the liquor licenses of local businesses if they served certain motorcycle club members or let them frequent their place of business. Moreover, the lawsuit alleges that Metro police forced a Las Vegas hotel to cancel the reservations of certain Mongol members. Stubbs even provided a copy of a letter dated from June 24, 2010 addressed to Mongol member Roger Espinoza from the general manager of Alexis Park All Suit Resort in Las Vegas. The letter informed Espinoza that his hotel reservation had been cancelled at the request of Metro police. The grievance also contends that police raided a private gathering of Stray Cats members in January 2012, “without a warrant or probably cause.” Police brandished a taser during the incident and informed the motorcycle club members to leave their own property, according to Stubbs. As if that were not damaging enough, police officers purportedly told members of the Stray Cats that they had “no constitutional rights on the streets of Northern Las Vegas.” Not to mention, the lawsuit also accuses police of getting a member of the Bandidos fired from his job. According to the complaint, police officials repeatedly visited Medic West Ambulance, the workplace of one club member, and told his supervisor that he was the member of a criminal motorcycle gang linked to numerous heinous crimes. The accusations led to the Bandidos member being fired from his job, which he had held for 12 years.

No Comment From Police Department

The accused have yet to officially comment on the accusations, but a statement appears to be imminent. Metro representatives stated that the department plans to release a statement regarding the lawsuit in the upcoming days, while Sgt. Tim Bedwell, a public information officer for North Vegas police, refused to comment because the litigation is pending.

WASHINGTON, DC - The 25th Annual Rolling Thunder rumbled into town. It's expected nearly one million riders will be here through Memorial Day. Riders include veterans, family and friends who come to support our heroes, past and present. They've made the annual pilgrimage to the District where there's a memorial for nearly every conflict of the past century. Navy Veteran Brian O'Dett says, "people need to remember." Some ride thousands and thousands of miles to be here and get to the Vietnam Veteran Memorial Wall but find it to difficult to walk through. U.S. Army Sgt. Rock served in Vietnam, "I had a friend that came here, never crossed the street for two years in a row because he was that bothered by it." While there are Veterans who try to muster the strength to be at the Wall there are those who don't want to leave. Vietnam Veteran Paul LeVesque says, "It's like a home coming for me." Brian O'Dett says, "they've got family, everything's down there.' The bikers have roared into town, but they may walk out of here in silence. O'Dett, "It's real tough, you can't describe it, you got to live it. Being a vet I understand it. You see people who lost someone 30 years ago and it's like yesterday. A lot of people who weren't in, they're proud of us too, that means a lot." 10 new names have been etched on the Vietnam Veterans Memorial Wall and were dedicated this month.

LEXINGTON COUNTY, SC (WIS) - Bikers get a bad reputation for being big, brutish men with bad attitudes, tattoos, and piercings, but one in Lexington County bucked that trend back on April 23. Lexington County deputies say a member of the Red Devils motorcycle club stepped up during a robbery at the convenience store. Sheriff James Metts says the incident happened last Monday night at Kent's Korner convenience store. Metts says the clerk yelled that the suspect had a knife and the unidentified biker came forward. "One customer in particular came over, described as an outlaw motorcycle club member and took out a baton-type instrument and started chasing the guy out of the store," Metts said. The biker didn't stay long enough to make a statement with investigators, but asserted his authority before the suspect was able to hurt anyone or steal any money. "Anytime anyone can help a crime from being committed, we are certainly pleased and proud to do that, but at the same time, understand they shouldn't put their lives in jeopardy," Metts said. "That's our job as police officers." Metts says getting involved means you have to have the knowledge and ability. "When you have the skills and opportunity and you feel like you can intervene successfully, then that's an individual's choice," Metts said. Deputies are still looking for the suspect but they'd also like to talk to the Red Devils motorcycle member. Metts says his actions should be commended and he may have information that could help their case.

In the beginning, it was Jimmy who drove the motorcycle and Grace who rode on back. These days, Grace is the one gripping the handlebars and Jimmy, who has health problems and walks with a cane, is the passenger. In biker lingo, Grace is "packing her old man" when Jimmy shares the saddle of her 2007 Kawasaki Vulcan 900. "That's what happens when you teach us to drive," said Grace Pulis, 68. "We take over." It was a novelty for a woman to drive a motorcycle in the 1970s, when Grace started riding. These days female riders are much more common, but she said others often seem startled by the sight of a gray-haired woman, who happens to be a great-grandmother, driving with a man behind her. "I've gotten everything from, ‘Don't you know where you belong?' — meaning I should be on the back, not on the front — to ‘Wow, that's marvelous that he lets you do that,' to ‘I don't know if I'd want a man who'd let me drive,'" Grace said. It began this way: Grace was a 15-year-old high student waiting for the school bus near her home in northern New Jersey when she noticed a man passing the spot each morning on his way to work. One day he sped past on a Harley-Davidson motorcycle. Another day he was at the wheel of a Jaguar, and then she saw him driving a new Chevrolet Bel Air. "My girlfriend dared me to wave at him," Grace recalled. "And four months later we were married," said Jimmy, 75.

Getting pulled over just for wearing "colors" really ticks off outlaw motorcycle clubs, a local attorney who's represented them said, and now some of them are allowed to take out their frustrations in court. In an opinion issued last week, U.S. District Court Judge Jerome Simandle in Camden said two members of the Pagan's Motorcycle Club and one Tribe Motorcycle Club member can move forward with a lawsuit stemming from a July 30, 2009, traffic stop involving six motorcycles in Burlington County where New Jersey State Troopers ordered them to remove their "colors," the members' patched jackets. "The court has basically said, 'yes you have a right to wear a patch, these logos," said Norristown attorney Boyd Spencer, who represents the Eastern Pa. Confederation of Clubs. The group of bikers were on their way to a beef and beer event when they were pulled over. The bikers were ticketed for not having approved helmets, the original complaint alleges, and were told to remove their colors if they wanted to leave. The whole traffic stop, which lasted more than an hour, was captured by mounted cameras in the police cruisers. "Now you're all going to take your jackets off, because on this highway, these are the only colors," one of the state troopers told the group after nearly 50 minutes had passed, referring to State Police blue and gold. None of the bikers removed their colors, and at a later municipal court hearing, the helmets were found to be legal and a prosecutor dismissed the charges. The state filed a motion to dismiss the lawsuit but Simandle, in his ruling said the plaintiffs "sufficiently alleged deprivations of a clearly established constitutional right." Simandle dismissed a conspiracy allegation and claims that the bikers were denied due process. "We had a little wound here and there but definitely, this is a victory," Spencer said. A spokesman for the state declined to comment Monday.

The American Motorcyclist Association (AMA) is asking a key U.S. House panel to include motorcycles and all-terrain vehicles (ATVs) in any future study of ethanol-blended gasoline. In a letter sent July 11 to the House Energy and Environment Subcommittee, the AMA, along with its partner organization, the All-Terrain Vehicle Association (ATVA), urged subcommittee Chairman Andy Harris (R-Md.) “that on- or off-highway motorcycles and all-terrain vehicles (ATVs) be part of any scientific study by the NAS” related to ethanol-blended gasoline. NAS stands for the National Academy of Sciences. The subcommittee held a hearing on July 7 entitled “Hitting the Ethanol Blend Wall: Examining the Science on E15.” The hearing focused on E15, a new gasoline formulation that contains up to 15 percent alcohol by volume. The U.S. Environmental Protection Agency in October 2010 approved the use of E15 in model year 2007 and newer light-duty vehicles (cars, light-duty trucks and medium-duty passenger vehicles). In January 2011, the EPA added model year 2001-2006 light-duty vehicles to the approved list. No on- or off-highway motorcycles or ATVs are currently approved. At its hearing, the subcommittee indicated that it may require the EPA to arrange with the NAS to study a full range of issues related to E15. In the letter, AMA Washington Representative Rick Podliska said the AMA and ATVA have concerns about: E15 being put in motorcycles or ATVs mistakenly and damaging engines; the continued availability of gasoline that has no ethanol, or gasoline with only a 10 percent blend that is safe for use in motorcycles and ATVs; the possibility that “blender pumps” — which dispense multiple grades of gasoline through a single hose — could introduce enough ethanol into gasoline to be used in a motorcycle or ATV to damage the vehicle; and that ethanol absorbs water, which could be harmful to motorcycles and ATVs. “In conclusion, to address our concerns, the AMA and ATVA urge that on- or off-highway motorcycles and ATVs be part of any scientific study by NAS,” Podliska wrote. “Not only should the study focus on the short- and long-term impacts on vehicles and engines, but should consider financial implications of increased ethanol use in gasoline on consumers; fuel producers, distributors and retailers; vehicle and engine manufacturers, dealers and service facilities; and the environment.”

The Tampa Bay Rays pitcher accused in a DUI hit and run crash in Port Charlotte, Florida on Thursday afternoon will be held without bond until at least Saturday. The Florida Highway Patrol says Matt Bush, 26, was driving a black Dodge Durango on US-41 near Town Center Mall around 5 p.m. when he struck the rear of a motorcycle driven by 72-year-old Tony Tufano, a personal friend of Krazy Biker Katz. According to reports, Tony was thrown from his bike onto the pavement. They also state that Tony was then run over by the Durango and that witnesses said the driver of the SUV "had blatantly left the scene of the crash." Tony was taken by Charlotte County EMS to Peace River Regional Medical Center for a MedStar helicopter to transport him to Lee Memorial Hospital Trauma Center. We at Krazy Biker Katz pray for Tony and his family and hope you all will as well. "Literally the tire on the SUV ran over the driver's head. Without the helmet, the gentleman would have been dead instantly," said witness Scott Sugden. CCSO deputies, along with Sarasota County Sheriff's deputies and Florida Highway Patrol caught Bush in North Port on Toldeo Blade Boulevard and took him into custody. According to reports, the arresting deputy said that he could clearly smell the odor of an alocoholic beverage coming from Bush. He continued to describe Bush as having bloodshot and watery eyes. Also, Bush did not have a license on him when he was pulled over. An FHP report says alcohol was a factor. In his breath test, deputies say Bush blew a 0.180 and 0.171. He was transported to the Charlotte County Jail and charged with fleeing the scene with serious injuries, driving with a suspended license with serious injuries, DUI with serious injuries, and DUI with property damage. While speaking with officials at the Charlotte County Jail, Bush said he had also hit a pole with the same SUV earlier in the day. Rays spokesman Rick Vaughn issued this statement about the situation: "The Tampa Bay Rays organization is deeply saddened by today's tragic news. Our thoughts and prayers go out to the victim and his family. We will reserve further comment until we learn more about the incident that took place." FIRST APPEARANCE IN COURT At his first appearance Friday morning, Bush didn't have an attorney. The judge gave him 24 hours to find one and ordered him to appear in court again Saturday morning at 8:30 a.m. with his lawyer. Until then, Bush will be held without bond in the Charlotte County Jail. A BATTLE WITH ALCOHOL Bush was the first overall draft pick in the 2004 Major League Baseball Draft. The San Diego Padres drafted him as a shortstop, and baseball experts say he's never lived up to his potential - due in large part to serious alcohol problems. His problems started shortly after being drafted, when he got into a fight outside a Peoria, Arizona nightclub. In 2009 he was arrested for assaulting a high school lacrosse player while drunk. He was also arrested for drunk driving and resisting arrest in 2009. He was trying to make the Rays roster as a middle reliever.

It’s Official! Myrtle Beach is no longer the location for two long-running motorcycle events. In an open letter to the public John Rhodes the Mayor of Myrtle Beach states “After many years, our residents grew weary of three weeks of noise and traffic congestion each May, and they asked City Council to end the events. As a result, the Harley-Davidson Dealers Association Spring Rally and the Atlantic Beach Memorial Day Bikefest will not be held in Myrtle Beach”. This was a difficult decision. Myrtle Beach welcomes visitors year-round, but the giant motorcycle rallies simply grew too large. Our staff, residents and businesses strained to keep up with these huge single-focus events. It may surprise you, but our economy is much healthier with a fully diversified visitor base, instead of a concentration on one or two extremely large events. Please know that Myrtle Beach is not anti-biker or anti-motorcycle. We want folks to come on the vehicle of their choice and enjoy all of the things Myrtle Beach has to offer. We are ending the motorcycle-related rallies because they grew too big and lasted too long. The huge rallies even kept visitors away from Myrtle Beach, and that’s not good. For everyone’s safety and welfare, City Council has added a few new rules and regulations. We believe these new laws will make Myrtle Beach a safer and more friendly destination. For example, with your safety in mind, we now require that all motorcycle riders and passengers wear a helmet and eye protection. We also have a 1:00 to 6:00 a.m. curfew for everyone under 18. These and other rule changes are explained on this web site. Thank you for understanding. As you know, Myrtle Beach is a great place to visit, and we welcome you at any time. I look forward to your next visit and am confident that you will have a great time in Myrtle Beach!”

View From The Rear

By:  Sylvia Cochran

Love is what legends are made of, and it’s the number  one ingredient in a good motorcycle relationship. To millions of women, there’s nothing more appealing than a summer day’s ride with a good looking man on a motorcycle.  I probably didn’t realize just how desirable motorcycle men are until I’d been in this business for a few years. I started noticing that more and more of my divorced single female friends and acquaintances would ask, “Don’t you know any single good looking motorcycle guys you can hook me up with?” If I paused, they would almost always continue with “heck, they don’t even have to be that good looking!” What I suspect these women really want is a companion who isn’t “dull and boring.” Valentine’s is the day we celebrate love and there’s nothing we motorcyclists love more than sharing the highway with the people who are closest to us.  How many of you have been on a ride where everything seemed perfect. The day was warm, but not too warm. There was hardly any traffic, and the road was so smooth that you felt nothing but the breeze. Maybe you stopped for lunch in a little diner beside a bubbling stream, or sat underneath a tree on the side of a mountain soaking in the warmth of the sun. If you’re like me, these little moments are the flowers that add fragrance to our lives. The phrase, “stop and smell the roses” means much more when you take it in the context of motorcycle riding. That’s why so many of us “love” our motorcycle trips and especially our motorcycle men. This year I will celebrate being married to my best friend for a quarter of a century. (When you say it like that it seems longer than it really is.) My relationship with Sweetie Pie became richer and more adventurous after he brought that first motorcycle home. I still remember the first year he rode to Sturgis, without me. We had school age children at home and there was no way I could go. I wasn’t a happy camper those ten days while he was gone, and he admitted he didn’t enjoy it as much without me. We’ve been a dozen times since and I never tire of riding in the Black Hills. I hope this year to return with a close friend who has always wanted to go. It will be fun sharing the trip with someone who is seeing it for the first time. I’m still looking for those diamond earrings, and I’m sure one of these Valentines Days my Sweetie Pie will surprise me. But I’m not complaining. As long as we get the opportunity to take a long, leisurely motorcycle tour each summer, I’m more than satisfied. After all, diamonds are pretty to look at, but motorcycle memories are much more fulfilling.

On February 7, 2012, the House Committee on Science, Space and Technology will vote on H.R. 3199, introduced by Representative Jim Sensenbrenner (R-WI) on October 14, 2011. This bill would require the U.S. Environmental Protection Agency (EPA) to seek independent scientific analysis on the effects of 15 percent ethanol blend (E15) gasoline. To watch a live webcast of the markup, click here. "The EPA's decision to allow E15 into the marketplace will impact every American who owns a car, lawnmower or boat," Sensenbrenner said. Automakers insist that using E15 will void warranties, lower fuel efficiency and cause premature engine failure. In off-road engines, the effects can even be dangerous for users. "There are serious concerns that the EPA used only one Department of Energy test and rushed E15's introduction into the marketplace," Sensenbrenner said. "This test was limited in scope and ignored a plethora of evidence – albeit inconvenient evidence for the EPA – that shows E15 gasoline has a negative effect on engines." The new E15 gasoline formulation may appear at a fueling station near you and you need to be careful where you use this new fuel blend. That is because the EPA, in October 2010, approved E15 for use in model year 2007 and newer light duty vehicles (cars, light-duty trucks, and medium-duty passenger vehicles). In January 2011, it added model year 2001-2006 light duty vehicles to the approved list. Riders should pay attention to this list because no motorcycles or ATVs are currently listed. The American Motorcyclist Association (AMA) is concerned about E15 because it burns hotter than gasoline that contains a lesser amount of ethanol. In engines not designed to dissipate that extra heat, damage in the form of premature wear can result. Although this is a concern in all motorcycles, it's particularly problematic for air-cooled engines found in many bikes. Moreover, use of E15 may even void the manufacturer warranty. Since the approved list includes many light-duty vehicles in use today, refineries, distributors, and fueling stations may choose to offer primarily E15 gasoline because of this action by the EPA. This should concern all motorcyclists and off-highway enthusiasts since this may affect the availability of gasoline with less or no ethanol (E10 or E0). We need your help to pass H.R. 3199. You can find contact information for your Representative at AmericanMotorcyclist.com > Rights > Issues & Legislation, then enter your zip code in the "Find your Officials" box. A prewritten e-mail is available for you to send to your federal elected official immediately by following the "Take Action" option and entering your information. In a previous AMA alert, Representative Sensenbrenner also introduced H.R. 748. This bill would prohibit the Administrator of the EPA from authorizing the use of gasoline containing greater than 10 percent ethanol in certain vehicles. For more information on H.R. 748, click here. Again, the AMA urges you to write your Representative today and ask them to support H.R. 748 and H.R. 3199.

Motorcycle-specific roadside checkpoints would be prohibited, according to wording included by Wisconsin Rep. James Sensenbrenner in the federal highways bill, in mark-up today in the House Transportation and Infrastructure Committee. Sensenbrenner applauded the committee's inclusion of his wording in the bill, stating that, "We need to focus on proven methods of motorcycle safety, including crash prevention, rider education, and training and proper licensing. Motorcycle-only checkpoints are an intrusive governmental overreach that place an undue burden on riders while doing little to actually improve safety. It is encouraging to see that the Transportation Reauthorization Bill will encourage more efficient use of taxpayer dollars and smart motorcycle safety policy." As it currently stands, Section 5007 of the American Energy and Infrastructure Jobs Act of 2012 reads as follows.

SEC. 5007. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER. The Secretary may not provide a grant or otherwise make available funding to a State, Indian tribe, county, municipality, or other local government to be used for any program to check helmet usage or create checkpoints for a motorcycle driver or passenger.

Because the wording of the measure says simply "checkpoints," as opposed to "motorcycle-specific checkpoints," it raises the question of whether such checks might also be prohibited in a broader, all-vehicle checkpoint. Opponents of such motorcycle-specific checkpoints have frequently stated that their opposition is to the singling out of motorcyclists, not the enforcement of existing laws. The American Motorcyclist Association (AMA) and the Motorcycle Riders Foundation (MRF), both of which have spoken out against motorcycle-specific checkpoints, have voiced their approval of the prohibition. Speaking for the AMA, Wayne Allard, vice president for government relations, said that "The AMA believes that strategies to promote motorcycle safety must be rooted in motorcycle crash prevention, and don't include arbitrarily pulling over riders and randomly subjecting them to roadside inspections." The MRF, in a release yesterday, had this to say. Representative Tom Petri (R-WI), a staunch defender of the motorcyclists, had this comment on the issue, “Motorcycle riders are right to be outraged at being singled out for safety inspections," Petri said. "Nobody is suggesting flagging cars down for unscheduled inspections, and there's no good reason why motorcycles should be treated differently. It's unnecessarily intrusive, and not a smart way to use limited police resources."

We at Krazy Biker Katz would like to let you know about a great organization! Riding With Angels is a worthwhile organization and we know Rosemary Smith personally and fully endorse her cause. She sent us an email recently we would like to share:

Krazy Biker Katz would like to acknowledge Zwiwwel Restaurant located at 1213 Palm Avenue in Sarasota for going above-and-beyond the call of duty to assist us during the Thunder By The Bay Festival. We thank you for your time and assistance. You guys are AWESOME! We urge all friends of Krazy Biker Katz to stop by this great eatery and tell them Krazy Biker Katz sent you. Drop us a line and let us know if you're treated as exceptionally as we were.

For some bikers, their life story can be read in their gleaming machines. Korean War veteran Richard Blake is one of those. The 83-year-old has been riding motorcycles more than 65 years.

NORTH HAMPTON, N.H. — Police Chief Brian Page took some heat last year, first for opposing a petitioned warrant article to curtail motorcycle noise in town, and later for refusing to enforce the ordinance after voters passed it by a 2-1 margin. Based on several legal opinions, Page said, police and the town could face legal action if they tried to enforce a lower noise threshold than state law allows. Page has been vindicated now that a Rockingham Superior Court judge granted a permanent injunction against the town enforcing the ordinance. The ruling was prompted by an action filed by Seacoast Motorcycles Inc., a Harley-Davidson dealer on Lafayette Road, which claimed that because there is a state law governing motorcycle noise, no town can enact a standard that is more restrictive. "The court agrees with the plaintiff and finds that the subject of motorcycle noise is preempted by the state and that, since the state has not authorized the town to regulate motorcycle noise, the town has no legal authority to adopt or enforce the ordinance," Judge Kenneth McHugh wrote in his Dec. 9 decision. Page, noting he has not yet seen the court order, told the Hampton Union he never doubted the outcome of the case, which centered on an ordinance that would have required motorcycles driving through or located in town to have mufflers that complied with the federal EPA standard of 80 decibels. State law allows 106 decibels. Page has supported efforts to lower the decibel limit in state law. "In addition," Page said, "I want to get out (the fact) that a number of the Seacoast police chiefs and members of the State Police look forward to continuing to work with the riders, the New Hampshire Auto Dealers' Association, the Seacoast HOG chapter, the New Hampshire Motorcycle Rights Organization and, of course, the General Court, in order to come up with state legislation that will make it easier and more efficient for law enforcement to test the compliance of the sound levels of motorcycle exhaust." One of those involved in the legislative push is state Rep. Michele Peckham, R-North Hampton. Peckham is a sponsor of House Bill 1442, due to be introduced in 2012 and scheduled for a Feb. 7 hearing in Concord. The bill would lower the state's motorcycle noise limit to the federal standard, beginning Jan. 1, 2013. Peckham told town leaders earlier this year that three attempts by members of the New Hampshire Legislature in the past four years to reduce motorcycle noise have failed. She called the opposition from the powerful motorcycle lobby opposed to lowering the decibel limit "fierce." Peckham said the bill was written not to go into effect until 2013 because the motorcycle community and motorcycle dealers have said replacing mufflers would be a great expense. "That grandfathers every motorcycle on the road today (that is compliant with the state's 106-decibel standard and) allows motorcycle dealers time to deplete their inventories," she said. Peckham said her bill also requires that any motorcycle brought in for servicing after the legislation's effective day would have to have EPA-compliant mufflers put on at that time. She urged those who supported the town's motorcycle noise ordinance, which passed at the North Hampton's Town Meeting in May 2010, to support her legislation. Among those now supporting Peckham's legislation is Larry Miller. Miller, who is now on the Select Board, and his wife, former state Rep. Judith Day, were prime movers in getting the town ordinance passed. Miller said it would be better to support Peckham's bill than for the town to appeal the court ruling on the town motorcycle noise ordinance. "Whether she'll be successful in getting the necessary support is still a question," Miller said. Town Administrator Steve Fournier said he had just read the court decision and that he needed to discuss any further action on the case with the Select Board and town attorney. However, he called the decision "pretty cut and dried." "I'm not sure on what grounds we could appeal, but we have to talk to our legal counsel about that," he said.

Motorcyclists in Illinois will no longer be stuck indefinitely at stoplights starting New Year's Day 2012. The Illinois legislature passed HB S860 which allows motorcycles stopped at a red light to go through the light if it doesn't turn green after a "reasonable" amount of time. Sensors installed in many intersections, which trigger light changes, aren't sensitive enough to detect motorcycles. Ill. Gov. Pat Quinn vetoed the bill, claiming it "endangers our motorists" because it allows the motorcyclist to determine how long is "reasonable," but both the House and Senate overrode the veto and the original bill became law.

The AMA is singing the praises of U.S. Senator Kelly Ayotte (Republican, New Hampshire) for standing up against a proposal that would have indirectly forced states to pass mandatory helmet laws. U.S. Senator Frank Lautenberg (Democrat, New Jersey) was poised to introduce the proposal on December 14 during a Senate Commerce, Science and Transportation Committee hearing on S. 1449 - the Motor Vehicle and Highway Safety Improvement Act of 2011, according to the AMA. His proposal was an amendment to S. 1449, but he decided against offering it in the committee. In a statement for the record, Ayotte noted that the amendment would take away the right of the people in a state to decide whether to have a mandatory helmet law "by indirectly forcing all states to pass mandatory universal helmet laws in order to receive funding for motorcycle safety. "States without mandatory universal helmet laws - such as New Hampshire -would be subject to stricter eligibility criteria, and would be forced to use 50 percent of their grant funds to promote helmet use," she said. "This amendment violates the original intent of the motorcyclist safety grant program, which has traditionally focused on encouraging states to fund motorcycle safety awareness, education and training. This amendment would divert funds away from awareness and education and, instead, use them to place federal pressure on states to enact mandatory universal helmet laws." Wayne Allard, AMA vice president for government relations, thanked Ayotte for her statement, noting the AMA also opposed the Lautenberg amendment. "Federal efforts should focus on preventing crashes rather than mandating what gear riders should wear," Allard said. Besides opposing the Lautenberg amendment, the AMA has been working on Capitol Hill to try to ensure that motorcycle-only checkpoints don't proliferate around the nation, and working to ensure that motorcyclists' concerns about possible engine damage are considered before federal officials approve the use of higher ethanol-gasoline blends for motorcycles.

Power. n. “The energy or motive force by which a physical system or machine is operated;” or “A person, group, or nation having great influence or control over others.” In 1887 the English Catholic historian Lord Acton said, ““Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” I wonder if Senator Frank Lautenberg, has ever heard of Lord Acton. By all measure, Senator Lautenberg is a great man. Serving in his 5th term in the US Senate, he is firmly entrenched in the D.C. power base. I don’t know the distinguished Gentleman from New Jersey. Aside from his relentless attack on personal liberty and individual choice, I know very little about his politics in general. However on December 12, 2011 Sen. Lautenberg used his position and influence in the Senate Commerce, Science and Transportation Committee to introduce legislation which (if successful) will eventually allow the Federal government to mandate motorcycle safety gear and punish the states who do not comply. All in the name of “The government knows what’s best for you.” Politicians such as Lautenberg believe people do not own themselves. They believe that people, in whole or in part, are the property of the U.S. Congress, or owned by God, who has given divine power to the U.S. Congress to manage them. They believe an election affirmed their moral and mental superiority above the ordinary men and women who elected them. The great irony is even as they Lord over us, they go to great lengths to highlight their humble beginnings and lowly economic childhood, constantly polishing it as a beauty queen would her crown. Sen. Lautenberg, whose parents came through Ellis Island as immigrants, and who after high school, served in the Army, finished college on the GI Bill and became mega wealthy after a successful business startup, is a bona-fide rags to riches success story. I’m not diminishing his accomplishments. What’s got my drawers in a wad is how easily Sen. Lautenberg brushes aside the Constitution and it’s fragile guarantees of individual and personal liberty. Since I’m a trusting person, I’m going to assume that Lautenberg believes that what he’s doing is the best thing for me. I’m going to assume that he has the best of intentions. But someone should remind the Senator that the road to Hell is paved with “good intentions.” I suggest he re-read the Senate Oath. “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.” I don’t read any exceptions for “good intentions.” On his Senate website Lautenberg is described this way, “In a place that is often plagued with gridlock and inertia, Senator Lautenberg has always been someone who bucked the rules, stood up for what he believed, and persisted in making a difference.” That may be true Senator, but I’d like to challenge you to take a step back, put aside your personal beliefs, and play this one by the rules. The rules as written by our Founding Fathers, the ones you took an oath to defend. Tell us what you think

A bunch of New Yawkers owning the rights to “Daytona Beach Bike Week?” Fugetaboutit! When a New York-based holding company operating under the umbrella of Mettemp Inc. and Consolidated Distributors, Inc. started contacting Daytona Beach businesses threatening to take legal action for selling products printed with the words “Daytona Beach Bike Week,” the Daytona Regional Chamber of Commerce cried foul and stepped up to intervene on behalf of local businesses, hiring the law firm of Cobb Cole to represent them. You see, the Chamber had already been acting as managers of Daytona Beach Bike Week since 1988, and has established a Bike Week Festival Task Force made up of over 30 locals from public and private sectors who act as stewards of the event. On the flip side, Mettemp Inc.’s local affiliate out of Holly Hill, Joe Cool Inc., was claiming it had trademark rights because it had been producing t-shirts and other merchandise with the Daytona Beach Bike Week logo since 1987, and the fight was on. This week, United States District Court Judge Mary Scriven resolved the conflict when she issued an order denying Mettemp Inc. exclusive ownership of the term “Daytona Beach Bike Week.” In the ruling, the Court stated “Daytona Beach Bike Week and its functional equivalents are generic and cannot receive trademark protection.” In a nut shell, the term belongs to the community and not any one person or entity. The Daytona Regional Chamber of Commerce press release states “The Chamber and co-plaintiffs Good Sports Daytona, Inc., were awarded a final judgment cancelling the Defendants attempt to trademark the term “Daytona Beach Bike Week” finding that the Defendant’s registration of the term as a trademark was “fraudulently obtained or, alternatively, was improperly granted.” In the press release, Daytona Regional Chamber Chairman of the Board Thomas J. Leek said, “In our minds this was always a fight to protect our business community, our city, and the greater community at large, and specifically to fight off the Defendant’s attempt to take something that wasn’t theirs… and then charge people for using it. This ruling ensures the mark will remain the property of the City of Daytona Beach and the community at large, for all local businesses and distributors to use in perpetuity. This is a significant milestone in that I will live as a warning to future trademark squatters, and provide protection for all to continue to enjoy the use of the mark.” Conflicts over trademarks and motorcycle rallies came in to play at Sturgis as well this past year when a group called Sturgis Motorcycle Rally Inc. (SMRI) obtained a federal trademark for the word mark Sturgis as it pertained to rally goods and services. SMRI established official licensees who were charged a fee to use the mark and threatened to take action against vendors who weren’t in compliance. The dispute resulted in a lawsuit between SMRI and a local company out of Rapid City, Rushmore Photo & Gifts, which had been in business in the area since 1937 and claimed it had been selling Sturgis-related merchandise since 1987. One of the big differences, though, is that SMRI is a non-profit entity run by a board of local volunteers comprised of various community members, from a Sturgis Chamber of Commerce associate to business owners like Hot Leathers Jerry Berkowitz and Black Hills Harley owner Jim Burgess. SMRI also just donated $50,000 to the Sturgis Rally Charities Foundation from money generated from the licensing of the trademarks. With the lawsuit out of the way, the Daytona Regional Chamber of Commerce can now focus on the next task at hand, organizing and promoting the 71st annual Daytona Beach Bike Week which will be held from March 9-18, a week later than its traditional date during the first week of March. The move was done in part to accommodate NASCAR’s decision to push the date of the 2012 Daytona 500 back one week. Daytona International Speedway requires two weeks to make the conversion from car to motorcycle racing, including building a Supercross track on the infield of the Speedway.

Most people who know what the first motorcycles looked like have only a vague image in mind.  Fewer are those who know the brands, models, and vintage of the bikes, and those few are becoming even rarer.  As each new generation is further removed from true classic motorcycles, it takes their fathers, their grandfathers (or grandmothers), and friends to show them how it all began. 2011 marks the year that power sports brand Polaris takes the reins of the Indian motorcycle brand.  The renewal of a name so instrumental in development of the motorcycle helps us remember where the two-wheeled metal beast came from.  Though the Indian motorcycle was not the first, it was close.  When the initial Indian model rolled out of the shop in 1901, it looked much like a bicycle with a motor on it.  A far cry indeed from the cruisers and rockets we know today.  With Harley-Davidson releasing its first model two years later, both companies found serious competition in each other.

Thousands of learner motorcyclists could have to take a controversial riding test twice despite passing the first time, riding instructors have warned. They are also likely to be charged twice as a result of changes to the motorcycle test. At the moment the practical riding test consists of two exams, one off-road and one on. But from 2013 the two are due to be combined into a single on-road test, including the exercises currently in the off-road exam. When that happens, learners who have passed only the off-road test will effectively have to take it again as part of their on-road exam. They are likely to be charged a new higher price for the on-road test reflecting the extra exercises, even though they have already paid for and passed them. Bernard Adams, MD of Cam Rider training, said up to 6000 learners could be affected because many learners take the off-road test and then leave a gap before doing the on-road part. He said: "You could be looking at 10% of annual tests. That’s 4000-6000 people possibly.” A spokeswoman for the Department for Transport denied a significant number of learners would have to perform the exercises twice. She said: “We don’t have any evidence of vast numbers of people waiting before doing the second part of their test. “We will take every reasonable step to let people know the new test is coming in, so that if they have a Module One pass they will know they have to take Module Two before a certain date.” She said the test was due to change in early 2013. Adams said: “My concern is that at every step of the way, more costs are getting placed on the learner rider and obviously that’s going to have a knock-on effect on motorcycling itself.”