NCOM NEWS BYTES
compiled and edited by Bill Bish - March 2000
National Coalition of Motorcyclists (NCOM)
UNEMPLOYED FLOYD California bikers once again helped
to defeat Dick ''Helmet Law'' Floyd in the recent democratic primary
elections, sending him packing from the state legislature for
the second time. ABATE of California and the Modified Motorcycle
Association (MMA) worked together to unseat Assemblyman Floyd
back in 1992, the same year Floyd's mandatory adult helmet law
took effect in the Golden State, but he carpetbagged into another
assembly district and managed to get reelected. This time, however,
his departure should be more permanent, as term limits in the
state assembly forced him to run for the senate where he was beaten
overwhelmingly by biker-backed candidate Ed Vincent.
Vincent thanked ABATE of California in his victory speech, and
credited bikers for providing the kind of campaign help we have
become famous for.
Floyd, who has been a nemesis to bikers since he first introduced
a helmet law bill in the late eighties, distributed last minute
campaign brochures portraying bikers as thugs and criminals, and
urging constituents to vote for him as the only legislator who
stood up to "these Hells Angels types!"
Back when California's helmet law was signed into law, Floyd proclaimed
that bikers ''would get used to it.'' Today, it's Floyd who'll
have to get used to life without political power! Good riddance!
NCOM NEWS & NOTES
IS THAT YOUR FINAL ANSWER?
23 million -- Number of people who watched the Fox television
special ''Who Wants To Marry A Multi-Millionaire.''
3 million -- Number of people who watched the Republican presidential
debate on CNN.
THE WASHINGTON POST
VETERANS MOTORCYCLE LICENSE PLATES BILL CLEARS HURDLE IN
CALIFORNIA SENATE Following months of frenzied lobbying by
ABATE of California and a biker veteran named ''Trash'', a motorcycle
license plate to honor veterans has received an important nod
from the Senate Transportation Committee by a unanimous vote of
6-0. This vote reflects the strength of the motorcyclists' lobby,
as bikers faced an uphill battle in getting their bill approved
due to a self-imposed moratorium on approving any additional license
plates in California.
Although AB1515 had received unanimous support in all the committee
votes in the Assembly, including a unanimous floor vote to send
the bill to the Senate for consideration, it was stonewalled in
the Senate Transportation Committee until motorcyclists and other
special interest groups wanting specialized plates were successful
in convincing committee chairwoman Senator Betty Karnette to lift
the ban and allow a vote.
In addition to creating a special plate to honor motorcycling
veterans, AB1515 was further amended to allow motorcycle license
plates to be issued for any existing specialty car plate.
At this point, it looks like smooth sailing for the Veterans Motorcycle
License Plate bill, which has yet to have a single vote cast against
it.
ABATE OF CALIFORNIA
PRO-MOTORCYCLE BILLS IN VIRGINIA AWAIT GOVERNOR'S SIGNATURE
In Virginia several pro-motorcycling bills have made it to the
Governor's desk and are awaiting his final approval. House Bill
429 authorizes a special license plate bearing the phrase, ''Share
the Road.'' After 1,000 plates are sold, a portion of the fees
will be deposited in the Motorcycle Rider Safety Training Program.
House Bill 430 and its companion bill SB-248 require a motorcycle
awareness component to be included in the public schools driver
education curriculum. And HB-432 and companion bill SB-247 allow
motorcycles to be equipped with additional brake lights (as approved
by the Superintendent of the State Police).
The Virginia Coalition of Motorcyclists (VCOM), along with ABATE
of Virginia were instrumental in the progress of these bills.
AMERICAN MOTORCYCLIST ASSOCIATION (AMA)
OREGON DEMOCRATIC PARTY JOINS GOP IN ADDING HELMET LAW REPEAL
TO THEIR PARTY PLATFORM Think one vote doesn't count? On Sunday
March 5, 2000, the Democrat Party of Oregon (DPO) wrapped up their
weekend State platform and resolution convention in Eugene, Oregon.
Transportation Legislative Agenda item number one passed 68 to
67: ''Repeal the motorcycle helmet law for citizens over 21 years
of age!''
This democratic convention vote was the culmination of over a
year's worth of work within the party and we won by a razor thin
margin. But, the important thing is that now *BOTH* political
parties in Oregon have now declared grass roots support for the
repeal of the mandatory helmet law.
Also included in the DPO Legislative Agenda is the item: Bar discrimination
in public accommodations based upon mode of travel or associated
clothing. Motorcycling lawyer and activist Spencer ''Spike'' Neal
chaired the Human Rights, Justice and Public Safety Committee
where this item was sent out to the Delegates with a ''do pass''
recommendation.
ABATE OF OREGON
MORE GOOD NEWS FROM OREGON...MOTORCYCLIST ACCEPTS APOLOGY
FROM TIGARD POLICE CHIEF. It took a lawsuit in Federal court,
but Oregon motorcyclist Phil Wagner got a formal apology for being
hassled for his patch. Wagner had been excluded three times from
the city of Tigard Balloon Festival solely because he was wearing
his motorcycle club patch. He has received and accepted an apology
from the Chief of Police for Tigard, a suburb of Portland, as
part of the settlement of his case.
The chief gave the following apology: ''Chief Goodpaster of the
Tigard Police Department recognizes that Phil Wagner of the Brother
Speed Motorcycle Club has the right to wear his motorcycle club
insignia to any event open to the public. The Chief apologizes
for any previous misunderstandings regarding this right and has
now reminded his officers of it.''
As part of the settlement the City of Tigard has also agreed to
stop enforcing a policy whereby persons alleged to be wearing
''gang insignia'' were excluded from the festival. It will also
pay Wagner $2000 for damages; the issue of the attorney fees due
to Wagner's attorney, Spencer Neal, remains to be litigated.
''My client is not only delighted that he has vindicated his constitutional
right to express himself freely but that the chief has shown the
courage to give him an apology. Far too often police officials
refuse to do the decent thing and apologize when they have erred.
However, my client wants to make it perfectly clear that the Brother
Speed Motorcycle Club is not a gang and considers that label to
be defamatory and actionable,'' said Neal.
The Portland chapter of Brother Speed M.C. is a member of the
Oregon Confederation of Clubs. The Confederation assisted with
the out-of-pocket legal costs, because there have been more and
more incidents of Portland and Eugene area bikers being excluded
from public events, such as county fairs and this balloon festival.
To help shore up the case, Oregon Aid to Injured Motorcyclists
(A.I.M.) Attorney Sam Hochberg rode with Wagner in his last attempt
to get in to the festival. ''I just hope this case will be a bellwether
for Oregon police chiefs, and that more will follow the lead of
Chief Goodpaster, and stop needless harassment,'' said Hochberg.
''If not, we have our Confederation, and we have Spike (Spencer
Neal), the feistiest civil rights lawyer in the state.''
CONFEDERATION OF CLUBS OF OREGON
JUDGE, COPS SQUARE OFF AS BIKERS REFUSE TO REMOVE COLORS
Tucson City Court administrators are reconsidering a ban on gang-related
clothing after two Hells Angels were arrested in the courthouse.
The March 2 incident led to a judge lecturing police officers,
police officers questioning the judge and two members of the motorcycle
club defending the Constitution.
The incident began when Craig T. Kelly and a friend went into
the courthouse that Thursday to contest a traffic ticket. A courthouse
security officer told Kelly and Mac McKay that they couldn't wear
their leather vests with Hells Angels patches in the courthouse.
The reason, security officer Giles Massie said, is that ''gang
colors'' are prohibited.
Kelly and McKay ignored the order and went up the elevator to
Judge Kate Dawes' third-floor courtroom anyway. But before the
judge came in for the 10 a.m. hearing, a Tucson police officer
assigned to the courthouse arrived and said they would have to
either remove their vests or leave the courthouse.
''They refused both options,'' Officer Gary Downard wrote in his
police report.
Downard went down to the court's first-floor holding cells and
returned to the courtroom with fellow officer Jonathan Armand.
McKay and Kelly voluntarily left the courtroom with the officers
but said they would not remove their vests or leave the courthouse.
Instead, they asked to be arrested. The officers happily complied,
handcuffing Kelly and McKay, then taking them down to the holding
cells.
But within 15 minutes, Dawes sent her bailiff down and ordered
that Kelly and McKay be brought back to her courtroom. There,
the judge ordered the Hells Angels released from handcuffs.
''She told the cops they were violating our First Amendment rights.
She said it would be up to a judge to decide whether (the clothing)
was disruptive, McKay said.''
Dawes' minute entry from the hearing reads: ''Mr. Craig Kelly
has a constitutional right to wear his Hells Angel attire. This
applies to Mr. McKay as well.''
Dawes then noted that the officer who had ticketed Kelly Nov.
13 was not in the courtroom, and she dismissed Kelly's charges
of speeding, making an unsafe lane change and driving without
a motorcycle endorsement.
''If the court wants to allow that kind of attire, fine. We don't
care. If they don't, we need to be supported when we enforce their
policies,'' said City Court supervisor Sgt. Wendell Hunt, who
indicated he and his men felt undercut by the judge's decision.
But it turns out the policy may be more informal than the police
realized. Court Administrator Martha Hesla had staff members look
for a written policy for several days following the arrest, but
they couldn't find one. Finally, City Magistrate Michael Pollard
concluded there was no formal regulation on gang-related clothing.
Hesla said the informal ban was intended to strike a delicate
balance between allowing access to the court and providing security
inside.
For local Hells Angels, though, access also means the freedom
to come to court as they are.
''It's a freedom of speech issue,'' said William ''Tramp'' Potter,
the president of the Tucson Hells Angels charter group. ''It's
just like someone wearing a suit every day. I wear my colors.''
BY TIM STELLER, THE ARIZONA DAILY STAR
CYBER-BIKERS If you're one of those bikers who's biggest
problem in life is how to get the grease stains off your keyboard,
you're not alone. According to motorcycle market analysts JD Power
& Associates, more than two out of every three new motorcycle
owners reportedly ride the information superhighway, and more
than half of those indicated they surfed the net to shop for their
new bike!
JUST SAY "NO MORE!" From the state that brought
us the first seat belt law in the country, New York is currently
considering a new law that would prohibit smoking in your car
if you have a passenger under 16! If passed, violators would be
subject to civil penalties up to $500 for the first offense, $1,000
for second offense, and up to $1,500 fine and ten days in jail
for any subsequent violations.
GAS PRICES IN PERSPECTIVE People have been complaining
about the rising price of gasoline recently, especially with industry
insiders predicting the price per gallon to reach $2.00 this summer,
but a recent article in AUTOWEEK magazine points out what a good
value gas is (especially if you were to take the $0.30 - $0.40
per gallon tax off at the pump)!
What if you were to buy a gallon of:........
Diet Snapple 16 oz. for $1.29.............$10.32 per gallon
Lipton Ice Tea 16 oz for $1.19.............$9.52 per gallon
Gatorade 20 oz for $1.59..................$10.17 per gallon
Ocean Spray 16 oz for $1.25...............$10.00 per gallon
Evian (water) 9 oz for $1.49..............$21.19 per gallon
STP Brake Fluid 12 oz for $3.15...........$33.60 per gallon
Vicks Nyquil 6 oz for $8.35..............$178.13 per gallon
Pepto Bismol 4 oz for $3.85..............$123.20 per gallon
Whiteout .7 oz for $1.39................$254.17 per gallon
Scope 1.5 oz for $0.99....................$84.84 per gallon
So next time you're at the pump, be glad your car doesn't run
on Whiteout!
STATES AND LOCALITIES CONSIDER BANS ON CELL PHONE USE WHILE
DRIVING In response to growing evidence that motorists' use
of cell phones increases crash risk, two municipalities have passed
ordinances limiting their use. Last September, Brooklyn, Ohio,
a suburb of Cleveland, passed the first ordinance in the country
banning cell phone use while driving. Since then, the Philadelphia
suburb Hilltown, Penn., enacted a similar ban on the use of hand-held
cell phones. Restrictive legislation is now pending in eight states,
although earlier efforts have failed in several states.
''At least 15 states have proposed bills restricting cell phone
use by motorists, only to have the measures die in committee,''
says Matt Sundeen, an analyst with the National Conference of
State Legislatures. ''Part of the reason is the political clout
of 76 million cell phone users. Also, just about every politician
owns and uses a cell phone.'' But the link between cell phones
and crash risk continues to grow, and 300 municipalities are considering
such ordinances.
In 1997, The New England Journal of Medicine reported that motorists
who use cell phones are four times more likely to crash, and equated
their use with drunk driving. In a three-year study of Oklahoma
crash data, researchers linked cell phone use with a ninefold
increase in fatalities.
In a new report on wireless communications, the National Highway
Transportation Safety Administration (NHTSA) encouraged state
and local officials to begin tracking cell phone use in related
traffic warnings, citations, and crash investigations.
Already growing at a rate of 40% per year, the use of cellular
communications is likely to increase as wireless Internet access,
fax machines, and televisions are introduced. According to NHTSA,
85% of all cellular customers are using the devices while driving.
BY GAY FRANKENFIELD, RN, WebMD MEDICAL NEWS
JAPANESE PASSENGER BAN CHALLENGED Harley-Davidson Motor
Company and U.S. Government officials recently made a joint pitch
to Japanese leaders to repeal their ban against motorcyclists
carrying passengers on the expressway. Japan is the only country
in the world to prohibit tandem riding.
R.I.P. RIP One of the best known and well respected
scooter tramps of our time, Rip of Easyriders magazine, has taken
a detour onto Heaven's highway. Known by many through his travels
as a roving writer for Easyriders and Biker magazines, he touched
many lives and publicized many events through his ''Rip's Run''
columns. Rip died Friday, February 18, 2000, after a long battle
with diabetes and cancer, but he will live on in our memories
and through his annual Rip's B.A.D. Ride to benefit juvenile diabetes.
Ride on, Rip.
EDITOR'S NOTE: This year's NCOM Convention in San Francisco
will be dedicated to Rip. Rip was honored with the Silver Spoke
Award for Media at last year's NCOM Convention in Phoenix.
THOUGHT FOR THE DAY: ''It is to secure our rights that
we resort to government at all.'' THOMAS JEFFERSON, 1795