MOTORCYCLISTS AWAIT ROADBLOCK RULING

Motorcycle riders across the country are anxiously awaiting a decision from the U.S. District Court for the Northern District of New York which they hope will declare New York’s “motorcycle only” roadblocks to be unconstitutional. The so-called “safety checkpoints”, which target well-known motorcycle events, force motorcyclists to leave the roadway, regardless of any wrongdoing, and have their persons and property inspected for equipment violations, proper paperwork, DUI and stolen VIN numbers. The National Highway Transportation Safety Administration (NHTSA) is now providing Federal funding for law enforcement to conduct such motorcycle-only checkpoints nationwide despite objections raised by members of Congress and legal challenges from the biker community.

The New York lawsuit is the first to challenge the constitutionality of motorcycle checkpoints. The plaintiffs are being represented by Proner & Proner, led by N.Y. Aid to Injured Motorcyclists (A.I.M.) Attorney Mitch Proner, a motorcycle-riding lawyer who has a long history of doing “pro bono” (free) legal work to protect the rights of motorcyclists. The Proner law firm commenced the lawsuit on behalf of four motorcyclists who were detained at two separate checkpoints, as well as representing the interests of ABATE of New York and the National Coalition of Motorcyclists (NCOM).

The checkpoints in question are funded by a grant from the New York Governor’s Traffic Safety Committee and the troopers who work them are paid overtime. Although the stated purpose of the checkpoints is to promote safety, the majority of the more than a thousand tickets which were issued during the first year of the checkpoints had nothing to do with safety and instead focused on non-safety violations such as loud pipes. The written guidelines for the checkpoints specifically state that one of the purposes of the checkpoints is to look for stolen and forged VINs and the police readily admit that they often have undercover members of their gang and auto theft units working the checkpoints looking for signs of criminal activity.

According to Proner, the Supreme Court of the United States has repeatedly made it clear that any roadway checkpoint whose primary purpose is general crime control constitutes an unreasonable search and seizure under the Fourth Amendment and is presumptively unconstitutional. Notwithstanding that fact, the progress reports which the police prepared on the checkpoints specifically state that the grant funds are used “for overtime for intelligence gathering and the subsequent criminal and traffic enforcement.” The police admit that the checkpoints, which focus only on equipment violations and forged and stolen VINs, do not address any of the major causes of motorcycle accidents such as reckless driving, driver inattentiveness and alcohol impairment.

The case, Wagner et al. v. The County of Schenectady, et al. could wind up in the U.S. Supreme Court. The future of motorcyclists’ rights hangs in the balance.

BILLS INTRODUCED TO PROHIBIT MOTORCYCLE-ONLY CHECKPOINTS

Even as Georgia police prepared to launch the nation’s first federally-funded motorcycle-only checkpoints during Daytona Bike Week, lawmakers in Washington were taking steps to cut federal funding for the controversial practice.

Wisconsin Reps. Jim Sensenbrenner, Paul Ryan and Tom Petri introduced House Resolution 904 on March 3rd that would prohibit the secretary of transportation from providing funds to state and local governments for the use of motorcycle-only traffic checkpoints.

“The first step in motorcycle crash prevention should be rider education and increased awareness. Taxpayer money should not be spent on helmet checkpoints that do not prevent crashes," Petri said in a news release. "Also, it's outrageously intrusive. Nobody is suggesting pulling cars off the road for unscheduled inspections, so why are motorcycle riders being harassed?"

“We stand in solidarity against the unconstitutional use of motorcycle-only checkpoints being implemented in Georgia, and may be coming to your state soon,” said Escondido Paul, National Lt. Commander of the US Defenders, in issuing a Call To Action (CTA) urging all motorcyclists to contact their federal officials to “solicit their support against grant money being used by the Federal Government to induce other States to participate in such discriminatory actions!”

In related news, bills have been recently introduced in New Hampshire (HB 148) and California (AB 1047) to prohibit any state law enforcement agency from accepting federal funding to establish motorcycle-only roadside checkpoints.

Brian "Seven" Lawson
Executive Director, National Sport Bike Association (NSBA)
www.NationalSportBikeAssociation.com

PRO, Razorz Edge Ryderz
www.RazorzEdgeRyderz.com

Committee Member, PRO Convention, USA (The PROC)
www.PROConvention.com

215-500-2366
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Seven

http://www.RazorzEdgeRyderz.com

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Another reason to join ABATE because they are the ONLY advocate for mc rights.
AMA does nothing to help.

Actually Privateer, ABATE is not the ONLY advocates of motorcycle rights.

Check out National Coalition Of Motorcyclists (NCOM) at www.AIMNCOM.com and National Sport Bike Association (NSBA) at www.NationalSportBikeAssociation.com.

These two organizations are supporters of ABATE, but are also strong advocates for motorcyclists rights.

Seven

I can only afford to join one non-riding club. ABATE is the most active, best represented, in every state as well as the US Congress organization advocating for all riders, all motorcycles.

Privateer, these organizations are FREE to join! And no disrespect intended, but before you knock these organizations, read up on them and do your research, especially NCOM - www.AIMNCOM.com. They have been fighting for motorcycle rights for 26 years and have attorney's across the US who are motorcyclists ready to assist in wrongful accidents and other legal matters. They even have Senator's, Congressman and Lobbyists in the State Capitol's fighting and lobbying for our rights too.

Seven

* Last updated by: KawKrew06ZX14 on 3/17/2011 @ 11:24 AM *

Wow, I didn't realize crap like this was going on! What the hell is going on in this country where we let the people we hire to run our government treat us like criminals? They're taking the people ruining it for other people excuse too far these days. JMO

Little by little the law makers in this country are taking away all the freedoms and rights that made America Great in the first place...Very Sad!

Thanks for the Heads Up....I think I ride in Jerzy this season!

Snuffy

Another reason I got the EFF out of New England!

You let that freedom leave the road. Tell the incumbent that if passed, so is his vote to one that will strike the law down come next vote around. Stop voting in those ass of holes and fix the roads, not stop and waste your time for some crime? What crime?

Making more HP using less gas? Using a bike that gets better gas mileage than a car? You need to show force of the chad'ding-ding-ding!

And now vote they bring their pensions off line is pay for that crime? It's volunteer work is gov. Not some dick taking your freedom away.

Chad'DID!

Edgecrusher, I wish I knew!

SnuffyZX, what part of NY are you in?

Donny, you left NE for nonsense laws?

Seven

Hub, all I can say is WOW!

Seven

Born and Raised in Brooklyn NY and Now residing in Staten Island NY....I C Ur from Philly? Pat's or Gino's?

Aiight SnuffyZX!

Pat's or Gino's? Neither! Jim's or Tony Luke!

I'm riding to Union City, NJ then to Paterson for a Bike Night tonight.

Seven

That is outrageous ! Myself and some friends ride to americade in lake george New York almost every year. To say that the ecconomy is helped out by this huge event (draws 200,000 plus riders) is an understatement. Driving riders away with this kind of gestapo bullshit is an affront to our freedom and should not be allowed.

They put motorcycle only checkpoints up all the time around Alton IL. Its just outside of ST Louis, a road called River Road, and its a popular area to do scenic rides on, its long and straight, and you do it for the view, not a curvy road to carve. They put up check points on that highway all the damn time.

* Last updated by: Kolk1 on 3/18/2011 @ 6:41 PM *

Is this really taking away of your freedom? I mean if all your paperwork is legit then you are delayed a few minutes and then you are on your way. If your riding whit no liscense and a stolen bike then hey I might be a little upset too. I look at it this way, if your S&*% is legit, be the first in the line. This may be in part becasue some A$$ hole is still riding around on a bike of mine that was stolen almost 2 years ago. Let a motorcycle be stolen from you and see how you feel about these random check points from time to time.

BigNibb, you missed the whole point COMPLETELY!!!

Seven

I get a kick out of the fact that they mention "motorcycle helmet checkpoints". Really? you need a checkpoint to see a guy not wearing a helmet..?

So...

We are living in a world full of criminals; rapests, robbers, drug dealers, terrorists and more, and our government thinks it's priority to f@©€ with motorcycle enthusiasts????

WOW, what a country!!!

biggnibb, I also think you missed the point. Try pulling over everyone driving a Lexus or Mercedes and see what happens. Or better yet, try pulling over all black people. Or hispanic people. Or asian people.

Are you following along here? This is nothing but discrimination. I have been watching this for a while. The police do a great job under circumstances and situations that most Americans would not want to be placed in, time and time again. Checkpoints to single out bikes is wrong, though. No two ways about it.

As for your stolen bike, I think that few things in this world are worse than a thief. You having your bike stolen is one wrong, and having a checkpoint to single out bikers is a second wrong. Two wrongs don't make a right. I for one think that a bike thief should get 10 years in jail for the first offense. Think about. If everyone knew that a stiff penalty would be likely if caught, there would be a lot less bike thefts.

Now back on point. Let's get back to bashing our guvmint who seems to be taking away rights quite a bit lately.

Yeah bignibb, think of it this extreme way- you say if you got nothing to hide what's the harm. Well what if next they said you have to get a X-ray, strip search and cavity probe right there on the side of the road. You got nothing to hide, right?! So don't complain when they do. Because you know they will- it's not like they haven't already done that with other modes of transportation. All they gotta do is say there is some eminent danger (emergency) like terrorists are suspected of working under the cover of motorcycle groups and you can open up and say "hello Mr. latex glove on my prostate"! And then we can all thank passive-ist types who think everyone should just try to get along and do what they're told because it's for the greater good. Blah-ty-blah-frickin-blah! Safety that spites a certain group of people is not what it is to be American. The problem these days is in all the genetically engineered crops and hormone encrusted meats and over processed foods that we feed our children (because of government regulation) and the constant political correctness programmed into our brains by the boob tube that makes the girls into emotional wrecks and the boys into weak metro-sexual little girls and no one wants to fight for anything anymore because we're all to worried we're gonna get some cancer from thousands of miles away in Japan when we really ought to be kicking ass and taking names and marching into places like Japan without hesitation to help and showing the world that we are a benevolent force to be reconed with and admired for our strengths and unending compassion for those in need.

But that's just one American's 'opinion'

The problem is all the money being allocated to "first responders". Now that every police force in America is over funded, the cops have nothing to do except prey on innocent citizens! No politician wants to be the guy who says that we need to hold back on some of the first responder money. It's the one thing both partys agree on. The Vermont interstates have turned into a police state. 3 or 4 years ago you NEVER saw cops (very rarely!). Now (I commute every day about 55 miles on our interstate) I see 2 or 3 speed traps and state cops everywhere, EVERY DAY!
To bignibb: So, is it ok if the FBI just shows up at your house and searches it for no particular reason? If you've got nothing to hide, what's the big deal?

I think that's interesting because where I live in Michigan we hardly see any cops and people drive lawlessly for the most part. Theyv'e even begun to think because they've been breaking certain laws for so long that that makes it OK.

You know the saying: People get the government they deserve! I used to love blasting up the interstate. It's simply not possible anymore! Sucks!

Hey bros thats spinning around the world bastereds know it's all about revenue