Biker and Motorcycle Related Legal Articles

I have been reading articles all over the internet about a lawyer who is challenging the Denver noise ordinance on the basis that Police Motorcycles that are Harley Davidson’s do not meet Denver’s 80 decibel noise standard, therefore the law as enacted is arbitrary and unduly broad.

The trouble with the article I have been reading is that no one has named the lawyer. It is almost like a rumor as far as I am concerned. If someone knows the name of the lawyer, please post a comment on this article so I can contact the lawyer.

I have a big problem with the basis for challenging the law. In most States and municipalities, law enforcement vehicles are exempt from ordinary traffic laws so that they can do their job.

Arguing that the Police stock Harley Davidson Motorcycles that the police in Denver use, do not meet the 80db standard seems almost ludicrous as a basis for setting aside the law. What the argument is basically saying is that no stock Harley Davidson’s would be within the law. This would give the police a basis for pulling over all Harley Davidson Motorcycles!

I do not like where this is going. If anyone has any information on the challenge to the noise law in Denver please contact me. You can also shoot me an email through the system by clicking the email icon next to my name.

By Norman Gregory Fernandez, Esq., © 2007

**** Update July 16, 2007, 2:55pm P.S.T. - We have Video of the Event! See Below.

When I received word of the newspaper article I am referencing in this article, and read the article, I basically did not believe the story. There is a link to the article at the bottom of my opinion editorial.

The article states that “hundreds of motorcyclist” tied up or stopped traffic on the busy Interstate 15, 215, 91, 10, and 60 freeways so that they could do crazy stunts on the freeways. This happened in the Inland Empire, Southern California, and the freeways where the incident's allegedly occurred are amongst the busiest freeways in the world, especially during weekday traffic. The incident described in this article occurred on Saturday, July 14, 2007, a non-weekday.

According to the article these bikers were doing wheelies, riding on their handle bars, standing on their seats and tanks, etc., while riding at very high speeds.

Apparently, as it was written, many of these bikers were filming their antics. The California Highway Patrol received hundreds of reports of these incidents from 9:00am to 4:30pm, but were unable to catch any of the alleged offenders.

There are several witness accounts of what happened contained in the article, which gives the article credibility. I myself have not fact checked the article, but I am referencing the article and giving an opinion on the same.

Apparently, there is a new type of thing going on with a minority of sport motorcycles riders called “Sideshows.” Actually I have witnessed these antics for years, but did not know that there is a name for it until I read the article.

These so called Sideshows are giving bikers and motorcyclist a bad name in general because we are all being lumped in with the bad apples.

What allegedly happened this last Saturday blows my mind. The article states that the bikers doing these antics are usually in their teens or twenties, and that they are riding imported racing bikes rather than Harley Davidson motorcycles which are preferred by older riders.

What these so called Sideshow riders are doing is not only illegal, and endangering the lives of themselves and others on the road, but they are now giving all bikers and motorcyclist a bad name. Unless this activity is stopped, you mark my words that laws will be enacted, that will adversely affect all bikers and motorcyclist, even the so-called older generation that prefer Harley Davidson motorcycles.

All I can say is this; I repeat my call for all bikers and motorcyclist to assert peer pressure on the idiots that are ruining it for the rest of us, to stop this sideshow activity on public roads.

These idiots do not realize that they do not mess around here in California. The freeways are too busy, and too many people are in danger. A weekend of lawlessness, could result in years of rousting of bikers by law enforcement, and numerous new laws and penalties which will affect all of us, just because a bunch of young bikers on sport motorcycles want to perform stunts on the freeways of Southern California.

I again call for the guys that are doing this to take it off the public roads, and especially freeways.

As I write this article I kind of feel like the Zair's (A 70’s San Fernando Valley Term for Parent) who wrote about the first Hollister Independence day rally and the supposed shenanigans that took place their.

This is different, these antic’s allegedly happened on major Southern California Freeways, by Hundred’s of bikers, and were witnessed by Hundreds of non bikers. I sure the hell do not want to suffer because of the antics of a few bad apples, and I am sure that my fellow law abiding bikers feel the same way.

CLICK HERE to read the article that I am referring to that was put out by the Press Enterprise and tell me what you think. I would really like to hear from anyone that actually saw what happened.

*** Update 7-16-07, 2:55pm, PST. Well, there is video of what happened this weekend. I guess the word allegedly should be taken out of the mix. It really happened. I am posting the video here, not to give these guys free publicity, but to show how screwed up things got this weekend. It is crap like this that is going to hurt other bikers, motorcyclist, and motorcycle clubs. Why should we all suffer because of this crap?

IN CONGRESS, July 4th, 1776

A DECLARATION

By the REPRESENTATIVES of the

UNITED STATES OF AMERICA,

In GENERAL CONGRESS assembled.

When in the course of human Events, it becomes necessary for one People
to dissolve the Political Bands which have connected them with another,
and to assume among the Powers of the Earth, the separate and equal
Station to which the Laws of Nature and of Nature's God entitle them, a
decent Respect to the Opinions of Mankind requires that they should
declare the causes that impel them to the Separation.

We hold these Truths to be self-evident, that all Men are created
equal, that they are endowed by their Creator with certain unalienable
rights, that among these are Life, Liberty and the Pursuit of Happiness
- That to secure these Rights, Governments are instituted among Men,
deriving their just Powers from the Consent of the Governed, that
whenever any Form of Government becomes destructive of these Ends, it
is the Right of the People to alter or to abolish it, and to institute
new Government, laying its Foundation on such Principles, and
organizing its Powers in such Form, as to them shall seem most likely
to effect their Safety and Happiness. Prudence, indeed, will dictate
that Governments long established should not be changed for light and
transient Causes; and accordingly all Experience hath shewn, that
Mankind are more disposed to suffer, while Evils are sufferable, than
to right themselves by abolishing the Forms to which they are
accustomed. But when a long Train of Abuses and Usurpations, pursuing
invariably the same Object, evinces a Design to reduce them under
absolute Despotism, it is their Right, it is their Duty, to throw off
such Government, and to provide new Guards for their future Security.
Such has been the patient Sufferance of these Colonies; and such is now
the Necessity which constrains them to alter their former Systems of
Government. The History of the present King of Great- Britain is a
History of repeated Injuries and Usurpations, all having in direct
Object the Establishment of an absolute Tyranny over these States. To
prove this, let Facts be submitted to a candid World.

He has refused his Assent to Laws, the most wholesome and necessary for
the public Good.

He has forbidden his Governors to pass Laws of immediate and pressing
Importance, unless suspended in their Operation till his Assent should
be obtained; and when so suspended, he has utterly neglected to attend
to them.

He has refused to pass other Laws for the Accommodations of large
Districts of People, unless those People would relinquish the Right of
Representation in the Legislature, a Right inestimable to them, and
formidable to Tyrants only.

He has called together Legislative Bodies at Places unusual,
uncomfortable, and distant from the Depository of their Public Records,
for the sole Purpose of fatiguing them into Compliance with his
Measures.

He has dissolved Representative Houses repeatedly, for opposing with
manly Firmness his Invasions on the Rights of the People.

He has refused for a long Time, after such Dissolutions, to cause
others to be elected; whereby the Legislative Powers, incapable of
Annihilation, have returned to the People at large for their exercise;
the State remaining in the meantime exposed to all the Dangers of
Invasion from without, and Convulsions within.

He has endeavored to prevent the Population of these States; for that
Purpose obstructing the Laws of Naturalization of Foreigners; refusing
to pass others to encourage their Migrations hither, and raising the
Conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent
to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the Tenure of their
Offices, and the Amount and payment of their Salaries.

He has erected a Multitude of new Offices, and sent hither Swarms of
Officers to harass our People, and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies, without the
consent our Legislatures.

He has affected to render the Military independent of, and superior to
the Civil Power.

He has combined with others to subject us to a Jurisdiction foreign to
our Constitution, and unacknowledged by our Laws; giving his Assent to
their Acts of pretended Legislation:

For quartering large Bodies of Armed Troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders
which they should commit on the Inhabitants of these States:

For cutting off our Trade with all Parts of the World:

For imposing Taxes on us without our Consent:

For depriving us, in many Cases, of the Benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended Offences:

For abolishing the free System of English Laws in a neighbouring
Province, establishing therein an arbitrary Government, and enlarging
its Boundaries, so as to render it at once an Example and fit
Instrument for introducing the same absolute Rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and
altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested
with Power to legislate for us in all Cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection
and waging War against us.

He has plundered our Seas, ravaged our Coasts, burnt our towns, and
destroyed the Lives of our People.

He is, at this Time, transporting large Armies of foreign Mercenaries
to compleat the works of Death, Desolation, and Tyranny, already begun
with circumstances of Cruelty and Perfidy, scarcely paralleled in the
most barbarous Ages, and totally unworthy of the Head of a civilized
Nation.

He has constrained our fellow Citizens taken Captive on the high Seas
to bear Arms against their Country, to become the Executioners of their
Friends and Brethren, or to fall themselves by their Hands.

He has excited domestic Insurrections amongst us, and has endeavored to
bring on the Inhabitants of our Frontiers, the merciless Indian
Savages, whose known Rule of Warfare, is an undistinguished
Destruction, of all Ages, Sexes and Conditions.

In every stage of these Oppressions we have Petitioned for Redress in
the most humble Terms: Our repeated Petitions have been answered only
by repeated Injury. A Prince, whose Character is thus marked by every
act which may define a Tyrant, is unfit to be the Ruler of a free
People.

Nor have we been wanting in Attentions to our Brittish Brethren. We
have warned them from Time to Time of Attempts by their Legislature to
extend an unwarrantable Jurisdiction over us. We have reminded them of
the Circumstances of our Emigration and Settlement here. We have
appealed to their native Justice and Magnanimity, and we have conjured
them by the Ties of our common Kindred to disavow these Usurpations,
which, would inevitably interrupt our Connections and Correspondence.
They too have been deaf to the Voice of Justice and of Consanguinity.
We must, therefore, acquiesce in the Necessity, which denounces our
Separation, and hold them, as we hold the rest of Mankind, Enemies in
War, in Peace, Friends.

We, therefore, the Representatives of the UNITED STATES OF AMERICA, in
General Congress, Assembled, appealing to the Supreme Judge of the
World for the Rectitude of our Intentions, do, in the Name, and by
Authority of the good People of these Colonies, solemnly Publish and
Declare, That these United Colonies are, and of Right ought to be, Free
and Independent States; that they are absolved from all Allegiance to
the British Crown, and that all political Connection between them and
the State of Great-Britain, is and ought to be totally dissolved; and
that as Free and Independent States, they have full Power to levy War,
conclude Peace, contract Alliances, establish Commerce, and to do all
other Acts and Things which Independent States may of right do. And for
the support of this declaration, with a firm Reliance on the Protection
of divine Providence, we mutually pledge to each other our lives, our
Fortunes, and our sacred Honor.

JOHN HANCOCK, President

Attest.
CHARLES THOMSON, Secretary.

Norman Gregory Fernandez, Esq.