BIKERS WANT EQUAL RIGHTS

"Bikers across the nation are revving up for a fight against discrimination after complaints that they're being shut out of restaurants and hotels because of their image as hell-raising thugs. Motorcyclists say the image of leather-clad bikers who rumble into town on their Harley-Davidsons and raise a ruckus is sadly outdated.''
­ The Associated Press (AP)

"Proponents say the law is aimed at thwarting a tired stereotype, that of the marauding outlaw biker. The truth, they say, is a plainer picture of regular folks who enjoy riding, belonging to motorcycle clubs and wearing the colors of their groups, generally stitched on some form of black leather garment."
­ The New York Times

"America's next official victim group may be roaring your way on their Harley-Davidsons. Bikers are sick and tired of rampant antibiker bigotry, so they are seeking status as a legally protected class in Ohio, Georgia, South Carolina, and several other states. The idea is to end all the ridicule, the tattoophobia, the tendency among apprehensive roadhouse owners to seat them at remote tables. 'To me, it's kind of like the back of the bus,' said a Harley-riding Georgia state senator."
- U.S. News & World Report

What's all the buzz about? "Equal Access" legislation has been introduced in at least 19 states over the past few years, with Minnesota passing such a law three years ago, but recent bills in Ohio, South Carolina and Georgia have captured the media's interest as bikers seek to outlaw discrimination against motorcycle riders.

"We are talking about people being excluded from apartment houses, motels, restaurants and nightclubs just because they are wearing biker attire," said Ralph Buss, Aid to Injured Motorcyclists (AIM) attorney for Ohio, who initiated the first biker anti-discrimination bill in the country in 1994 when a client was denied service at a restaurant.

Ohio State Representative Sylvester Patton introduced HB 238 to prohibit the denial of access to public accommodations to persons because they ride motorcycles or wear motorcycle attire.

"For too long, citizens who enjoy riding motorcycles and who are participating in motorcycle clubs have been treated unfairly while trying to gain access or entry into establishments open to the general public," Patton testified at the bill's hearing.

Last year, Texas bikers succeeded in getting an Equal Access bill through the state legislature nearly unanimously, only to have it vetoed at the last minute by their governor. Illinois passed a "Bikers-Rights" bill through their legislature earlier this year, but the governor amended the bill through special "amendatory veto" powers to include controversial gay rights provisions, effectively killing the bill.

 

OHIO GANG LAW STRUCK DOWN IN COURT As originally feared by many bikers rights advocates, so-called "Gang Laws" aimed at youth street gangs have been targeting members of motorcycle clubs and using the new state laws to tack on years to prison sentences simply because an individual was a member of a club. For that reason, Confederations of Clubs in states with gang laws on the books have fought hard to get motorcyclists specifically exempted from the definition of a "criminal gang."

Kentucky succeeded in doing just that two years ago, and while the legislative work continues in other states, a lower court in Ohio has found that state's gang law unconstitutionally broad and has struck down the law, though concerned bikers still await a final determination by the state's higher courts.

According to the Cincinnati Post, a Hamilton County judge declared Ohio's new gang law unconstitutional, saying it is so poorly written it could result in gang members being penalized more severely for crimes even if they aren't gang related.

"A participant in a gang, as the statute is written, is conclusively held to be promoting gang interests even when he obviously is not doing so. The enhanced crime becomes one of status of the defendant, not of the wrongdoing," judge Thomas Crush wrote in declaring the gang law unconstitutional.

The decision came after five men were indicted for participating in a criminal gang ­ a second-degree felony that carries a maximum sentence of eight years in prison ­ in the first Hamilton County case under the new law.

The men were accused of being members of the "Folk" street gang and participating in criminal gang activity. Crush's ruling dismissed the gang-related charges against one of the men.

"The Ohio statute, as written, creates a crime and allows a penalty for activities that have not even occurred; i.e. creates a gang crime and an enhanced gang penalty for crimes which are unrelated to gang activity," Crush wrote. He noted that someone arrested under the statute as it now exists could also be charged with "participating in a criminal gang" even if the crime was committed out of town and didn't involve the gang.

Ohio's gang law applies when three or more persons operating in a pattern of criminal activity are linked to two or more felony offenses.

The state has appealed the lower court's decision.

 

CITY OF ALBUQUERQUE ADOPTS NOISE ORDINANCE Evidently, the current administration for the city of Albuquerque, New Mexico, has enacted new regulations targeting motorcycle exhaust systems, as well as making it literally illegal to travel in groups.

"Due to this legislation, Albuquerque can no longer be considered a biker friendly city," according to Barbara Alvar, Chairperson of the New Mexico Motorcyclists Legislative Impact Committee.

Council Bill #FS 0-34 states that; "No person shall operate a motorcycle without (a) a permanent engravature or label entitled 'Motorcycle Noise Emission Control Information', and (b) a permanent engravature or label on the muffler or exhaust pipe indicating the following information", and it goes on to state that the label will indicate the year and model that the exhaust was designed for as well as the decibel rating.

Making matters even worse, it also states that this allowable dB (decibel level) "applies to the total sound from a vehicle or a combination of vehicles and shall be construed as limited or precluding the enforcement of any other provision in this article relating to motor vehicle mufflers for noise control." In other words, no combination of motorcycles riding together can exceed the maximum allowable EPA decibel rating of "one" motorcycle!

"With the enactment of this ordinance, Albuquerque has legalized harassment of the motorcycling community," said Alvar. "This ordinance will treat law-abiding citizens like criminals. This ordinance gives the law enforcement officer probably cause to stop you, even if you are not exceeding legal noise limits, just to inspect 'required labeling' of the exhaust system."

Mayor Jim Baca stated publicly that this noise ordinance targets motorcycles and barking dogs, which indicates the mayor's negative attitude toward motorcyclists. You can e-mail Mayor Baca at bmoris@cabq.gov and kindly inform him of your opinion, or phone him at (505) 768-3000, or fax (505) 768-3019. Other responsible parties are the Council President Brad Winter, bwinter@cabq.gov; and City Counselors Alan Armijo, aarmijo@cabq.gov; Adele Baca-Hundley, ahundley@cabq.gov; Vincent Griego, vgriego@cabq.gov; Tim Kline, tkline@cabq.gov; Hess Yntema, hyntema@cabq.gov; and Greg Payne, gpayne@cabq.gov.

 

OREGON BIKERS GET POLITICAL Another major stride for motorcycle awareness and inclusion was achieved at the Democratic Party of Oregon's state central meeting on December 9, 2001. Due primarily to the efforts and planning of "Diesel" Dave Ganslein, the Oregon Democratic Motorcyclists Caucus was born.

"At today's State Central Committee meeting, the Democratic Party of Oregon officially recognized the Oregon Democratic Motorcyclists Caucus," reported Ganslein. "This gives members of A.B.A.T.E. of Oregon Inc., Bike-PAC of Oregon, and The Concerned Motorcyclists Coalition a seat on the state central committee, thus ensuring motorcyclists a far greater voice in the future of motorcycling in Oregon."

He adds, "We strongly urge all motorcyclists to become active in the political system, as our relative degree of success has been attributable to activism at a grass-roots level."

 

SCHWARZENEGGER HURT IN MOTORCYCLE ACCIDENT Just days after Universal Studios announced their intentions to make "Terminator 3," Arnold Schwarzenegger was injured in a motorcycle accident in Santa Monica, California, on December 12, 3001. The former Mr. Universe and star of the first two "Terminator" movies was taken to the hospital with several broken ribs after the weekend crash. Further details about the accident were not immediately available.

Schwarzenegger, 54, who is negotiating to appear in the third Terminator film,
was "in good spirits, feeling sore, but otherwise fine," said publicist Jill
Eisenstadt.

"Don't worry," said the actor. "This won't affect my skiing with my family at Sun Valley this Christmas."

 

WEIRD NEWS OF THE MONTH: FARMER SOUGHT AFTER COW PAT INJURES MOTORCYCLISTS German police are warning farmers that they could be charged with negligence after a cow pie on a road seriously injured two motorcyclists. Officers are looking for the farmer of the cows that left the pie on the carriageway in Kempten. They say he should have cleaned it up. The two motorcyclists skidded on the cow crap and fell off their bike. They are recovering from their injuries in the hospital. Police say the farmer responsible for the offending patty could be charged with physical injury resulting from negligence, reports the German newspaper "Bild". The decision to pursue the farmer has been described as ridiculous by farming groups who said it was impossible for a farmer to always walk behind his cows with a shovel. Johannes Schmidt, chairman of the local farmer's union, said: "It's a real shame. What are we supposed to do? Do they expect us to run after our herds with a shovel?"

 

QUOTABLE QUOTES:
"It is the absolute right of the State to supervise the formation of public opinion."
JOSEPH GOEBBELS
Minister of Propaganda for the Third Reich under Adolf Hitler