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Past Reports
from NCOM
Sept -2000 Oct-2000

Compiled and Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)

November, 2000

BIKER SUES GANG STRIKE FORCE
''A member of a statewide motorcycle organization has sued the state's Gang Strike Force, accusing it of raiding his St. Cloud, Minnesota apartment and illegally seizing his property,'' reports the ST. CLOUD TIMES.

Michael Robert Kanne and the Minnesota Motorcycle Club Coalition (Confederation of Clubs) sued the strike force on October 5, calling a search this summer at Kanne's residence illegal. Kanne, a member of the Christian motorcycle club Bond Slaves, is Secretary for the MMCC and has no criminal record.

Kanne's lawyer, Minnesota Aid to Injured Motorcyclists (AIM) attorney Stephen R. O'Brien, said that the search warrant and supporting affidavit haven't been filed in Stearns County District Court, something required by law to be done within 10 days of executing the warrant. ''By refusing to divulge the supporting affidavits, the government has shown no justification for the search,'' according to O'Brien, who also serves as legal counsel for the MMCC.

The search of Kanne's home came after an investigation into an assault and robbery involving motorcycle club members, said Peter Orput, assistant attorney general, and investigators thought there could be evidence in Kanne's computer about other motorcycle clubs.

Property taken include three computers, dozens of disks and tapes and shredded paper. Kanne's seized property has not been returned, O'Brien said. O'Brien recently sued a Crystal, Minnesota bar for refusing service to a biker, and was awarded a $720.00 judgment in what is thought to be the first legal test of Minnesota's newly enacted Equal Access biker anti-discrimination law.

BIKERS ACCUSE FBI OF MISUSING SEIZED MOTORCYCLES
Members of the Renegades Motorcycle Club in Virginia claim that their motorcycles were damaged by the FBI after being seized in a drug bust last year. Three of the bikers have filed damage claims against the FBI and two have settled for payments below claimed damage amounts, according to an October 9 article in the VIRGINIAN-PILOT newspaper.

One Renegades member was charged by the FBI - wrongly, as it turned out - as part of a methamphetamine ring, and as is routinely done in drug cases, the bureau seized the bikers' money, property, guns and motorcycles.

When he was acquitted, he expected his property returned in decent condition. ''Not by a long shot,'' he said, pointing out that the 22-coat paint job was ruined and expensive parts were missing. In addition, the odometer had mysteriously gained more than 1,000 miles, and the Harley had a Fairfax County sticker on it - leading the Renegades and their attorney to believe that the FBI took it for its own use without waiting to see if the club member would be convicted.

Now, the FBI is investigating to see if one of their own broke the law. Although the investigation isn't expected to be resolved any time soon, the FBI has acknowledged that the bike was ''misused'' and is looking into the matter.

POLICING THE POLICE
In another apparent case of police misconduct, a longtime Maricopa County sheriff's deputy has resigned and several other county employees are under investigation in the misappropriation of seized property and the assigning of jail inmates to work on private vehicles.

The September 2 edition of the ARIZONA REPUBLIC newspaper reports that a former property management supervisor submitted his resignation after 21 years of service the day he was questioned by criminal investigators.

A Maricopa County jail inmate told reporters earlier that he and other prisoners were routinely assigned to work on automobiles in the county's Property Management Division, including altering odometers and working on privately owned cars...even being given civilian clothing and taken off site to do repairs.

The inmate said he suspected illegal activity when he was instructed to completely dismantle a $20,000 Harley-Davidson motorcycle that had been seized during a police search. He said the bike belonged to a friend who was attempting to reclaim it.

He said he stripped down the bike, and told the ARIZONA REBUBLIC that the motor and frame were hauled away for auction and that a county employee put all other parts in a personal truck and drove off. His account was verified by another inmate.

''I'm supposed to be rehabilitating myself in jail," he said. "Instead, I'm learning more corrupt activity.''

NEW LEGAL CHALLENGES TO MICHIGAN'S HELMET LAW
When he hits the road on his Harley-Davidson, Tim Hardin is going to strap on his head gear - at least for now anyway, because he failed to convince a judge that Michigan's revised helmet law is unenforceable.

But Hardin, a 46-year-old Holland Township man disappointed by Holland District Judge Susan Jonas' September 20 ruling, vowed to appeal in Ottawa County Circuit Court.

Hardin is one of many motorcyclists statewide who have challenged the law -- often successfully -- over the past few years. They argued that state police failed to adopt rules that would tell motorcyclists whether helmets are legal. The argument often persuaded judges to dismiss cases against helmet-less riders.

But on July 27, 2000 state police completed an administrative rule process and adopted federal safety standards. The rules require motorcyclists to wear helmets that are certified by manufacturers as compliant with U.S. Department of Transportation and National Highway Safety Traffic Safety Administration standards.

Such helmets have Department of Transportation designations that should clear up any confusion about the law, said State Police Sgt. Thad Peterson of the Traffic Services Division in Lansing.

''Everybody says this is completely enforceable and there's absolutely no problem with it at all,'' Peterson said. ''It's very, very simple to understand which helmets are approved and which are not.''

Not so, says attorney Lawrence ''Katman'' Katkowsky who has helped Hardin and other members of American Bikers Aiming Toward Education, or ABATE, fight helmet laws. Besides being the Michigan Aid to Injured Motorcyclists (A.I.M.) attorney, Katkowsky is legal counsel for ABATE of Michigan. ''Since the last time I was here, nothing has changed substantially,'' Katkowsky argued in the Holland courtroom. He said the state Legislature charged state police with approving helmets, and the federal agencies do not approve helmets.

He has argued that state police have to approve a list of approved helmets, but Assistant Ottawa County Prosecutor David Knoll said the statute does not require it. The law says only that ''crash helmets shall be approved by the Department of State Police.'' That is accomplished by reference to federal regulations, he said.

All new helmets that meet safety standards should have a sticker on them with the symbol DOT to certify they comply with federal Transportation Department rules, according to state police.

Before the rule change in July, Jonas, like other judges and magistrates in Ottawa County, had dismissed no-helmet citations. She said earlier rules ''were extremely technical and do not inform a motorcyclist as to what helmets are legal or illegal or which helmets are approved.''

Now, she said, ''I don't accept the defendant's position that the standards are exactly the same.''

Since the rules took effect, only a handful of such cases have been heard statewide. A Marquette County district judge refused to dismiss a citation -- that case will be appealed -- and a Huron County district judge sided with the motorcyclist, authorities said.

''We're just starting to argue these,'' Katkowsky said. Michigan is one of 20 states that require all riders to use helmets. It enacted a helmet law in 1969.

Hardin is at the forefront of the helmet-law challenge. He has had numerous tickets dismissed under the old rules and was ticketed by a sheriff's deputy on the day the new rules took effect. JOHN AGAR, THE GRAND RAPIDS PRESS

ALABAMA HELMET LAW UNDER LEGAL ATTACK
Just a little note about what's going on in Alabama, from NCOM board member David ''Animal'' Reid. A state trooper ticketed several people for wearing ''beanie'' helmets, noting on the ticket that they were wearing ''no helmet''. On the first court date, the trooper failed to show, and it was only because we'd gotten the Aid to Injured Motorcyclists/Confederation of Clubs attorney involved that the case was continued until we could get the trooper to show up. Following is a recap from Alabama A.I.M. Attorney Randy Spears, legal counsel for the Alabama Confederation of Clubs, on where we are right now.

Our law is similar to Georgia's, Michigan's, and others -- The DPS is supposed to issue a list of approved helmets, but is on record (since 1966) as never having done so.....
From our attorney:
There are currently 2 motions to declare Alabama's Helmet law unconstitutional. One is in the Circuit Court of Montgomery and the other one is before the District (traffic) Court of Chilton County. The motions are identical.

In the Circuit Court case, we were almost successful in having the Montgomery County District (traffic) Judge throw the ticket out due to the unconstitutionality, but she chickened out at the last minute, found him guilty and only fined him $20. We appealed to the Circuit Court and had a hearing 2 weeks ago.

The Circuit Court Judge asked the Assistant District Attorney if he any response to our motion. The D.A. said he would see if the Department of Public Safety wanted to file a response. Several days ago, the D.A. called me and said the judge told him that he was probably going to dismiss the ticket since the Dept. of Public Safety had not responded. However, if the judge simply dismisses the ticket without holding the statute unconstitutional, the helmet law will still be on the books. It will simply depend on how the judge words his order.

In District Court case, the judge gave the D.A. 30 days to respond to our motion and the 30 days has expired without a response. That judge said she would notify me of the hearing date. The bottom line is we're waiting to hear.

MASSACHUSETTS TO ALLOW MULTIPLE-BIKE PARKING
According to a story in the BOSTON GLOBE, during the last legislative session, out of 7,600 bills filed in Massachusetts, only about 4.3 percent became law. House Bill 2008, to allow more than one motorcycle per parking space was one of those bills that the Governor signed recently.

Motorcyclists throughout the Commonwealth worked the legislative process from hearings to lobbying their local State Legislators, to blitzing the Governor's office in May, once our bill made it through both Houses.

The legislature is out of session now, but each rider should be registered to vote, should vote, and should thank their elected officials who supported HB 2008.
PAUL COTE, MMA OF MASSACHUSETTS

NO KIDS ON MOTORCYCLES?
For those of you who were raised on the back of a bike, you should know that the Ohio legislature will be considering a bill that would ban youngsters from riding motorcycles.

Introduced by Senator Anthony Latell Jr. on August 8, Senate Bill 323 prohibits children under age 11 from riding as passengers on motorcycles, unless secured in a sidecar. According to the ABATE/CONCERNED MOTORCYCLE RIDERS OF OHIO, this bill is in its first reading and since it was introduced late in the session, will probably not be acted upon this year but will likely be reintroduced in January. If you're concerned about the government telling parents how to raise their kids, pay close attention to this one.

WEST VIRGINIA MOTORCYCLE SAFETY PROGRAM TO GET STATE FUNDING
The motorcycle safety program can tap the state's general highway funds to stay in business, said West Viriginia Governor Cecil Underwood as he directed administrators at the Division of Motor Vehicles to find a way to keep the program running.

''Safety training is important to many of the 76,000 West Virginians who have motorcycle endorsements,'' Underwood said. ''This program gives our citizens an opportunity to develop their knowledge and skills in the operation of motorcycles. Safety programs save lives, and I am pleased we are able to continue the program.''

The members of the Motorcycle Safety and Education Committee have been looking for ways to keep the program going, but the DMV announced earlier this month that the program was shut down due to lack of funding.

"Educating new riders is essential to motorcycle safety in any state," said West Virginia State Delegate Greg Butcher, a member of the NCOM Legislative Task Force. "The surest way to survive a motorcycle accident is to learn how to avoid it."

Underwood said 1,387 West Virginians have completed the program since 1996, including more than 500 thus far this year.

CHARLESTON DAILY MAIL

VETERAN MOTORCYCLISTS HONORED IN CALIFORNIA

AB 1515, California's ''Veterans License Plates for Motorcycles'' bill, is no more! But this is a good thing, says ''Trash,'' a biker and veteran who spearheaded the legislative effort, backed by ABATE of California. That's because AB 1515 was signed into law on September 29 by Governor Gray Davis, and it's new name is ''Chapter 859, Statutes of 2000.'' ''More than just the passage of a law that allows motorcycle riding veterans a way to display their pride in having served, the passage of this bill into law is proof that one person can make a difference and each and every one of us matters, whether biker, veteran or just the common citizen, each of us has a voice in Government,'' said Trash about his first-ever political lobbying experience.

QUOTE OF THE MONTH: ''...it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in peoples' minds...''
SAMUAL ADAMS, Founding Father & American Patriot

AND THAT'S ALL THE NEWS THAT FITS!

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