Motorcyclists sue over enforcement of Nevada’s helmet law Tuesday, Sept. 27, 2011 | 4:31 p.m. Twelve motorcycle riders filed a class action lawsuit Tuesday against Clark County and five cities within the county, charging arbitrary and discriminatory enforcement of Nevada’s helmet law. The suit filed in U.S. District Court names as defendants the county and the cities of Las Vegas, North Las Vegas, Henderson and Mesquite; and Boulder City. If certified as a class, the suit could represent more than 40,000 motorcycle riders in the county. The suit, filed by Las Vegas attorney Travis Barrick, charges "defendants, through their agents, have an ongoing pattern and practice of issuing helmet tickets to the class members that are not supported by constitutionally sufficient probable cause, thereby violating the civil rights of the class members." This violates the Fourth Amendment to the U.S. Constitution barring unreasonable search and seizure, the lawsuit says. The suit also alleges violations of the 14th Amendment protections against arbitrary and discriminatory enforcement, charging the defendants, through their agents, "have an ongoing pattern and practice of dismissing helmet tickets when contested in the courts or appealed to the courts, thereby denying the class members their due process rights to challenge enforcement of the Nevada Helmet Law." The suit also alleges there’s a disparity in fines and fees for helmet law violations with no rational basis for the disparities; and that the helmet law is enforced "as a pretext for invading the liberties and civil rights" of the class members. Barrick wasn’t available to elaborate on the allegations and the defendants have not yet responded to the lawsuit. Repeal It Or Feel It Mark Temple (916) 402-7981 so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first." Thomas Jefferson Efforts over the years to repeal Nevada’s 1972 law requiring motorcycle riders to wear helmets as a safety measure have failed, most recently this year. |
Tuesday, October 4, 2011
Motorcyclists sue over enforcement of Nevada’s helmet law
ABATE of Florida Wasting Money
Go to http://www.bigbendbikersforfreedom.com/2011/09/abate-of-florida-breaking-news-state.html to see article or read below
ABATE of FLorida
Lawmaker: Review Motorcycle Safety Spending A state legislator will ask a joint legislative committee on to review how state-collected money that goes to a motorcycle safety group is being spent, saying he thinks it's being wasted.
Reporter: David Royse, The News Service of Florida HE CAPITAL, TALLAHASSEE , Sept. 30, 2011 - David Royse, The News Service of Florida
A state legislator will ask a joint legislative committee on Monday to review how state-collected money that goes to a motorcycle safety group is being spent, saying he thinks it's being wasted.
The joint Legislative Auditing Committee will discuss Rep. Bryan Nelson's request for an audit of the $250,000 that is collected in $2.50 increments from motorcycle riders when they renew their registration. Nelson said the money, which is given to a private group, ABATE, is spent on "trinkets" that he doesn't believe improve motorcycle safety.
The group's spending on the program was already reviewed by an independent auditor who said the company appears to be at least complying with its contract with the state.
The president of ABATE, James "Doc" Reichenbach, said pointed to that audit's finding, and while acknowledging the money does go to buy things like refrigerator magnets and key chains, he says the campaign is working, citing declining motorcycle crash deaths.
"That's exactly what it's used for," Reichenbach told the News Service. "We have key chains that say 'Watch for motorcycles.' We have magnets, same thing.
"We have to use (the money) for safety we cannot use it for lobbying, which we don't. But every penny is accounted for," Reichenbach said.
Nelson, however, doubts that such "trinkets" work to reduce motorcyclist injuries and deaths, and questions whether it is a good use of the money which is essentially a tax on motorcyclists is what Nelson wants to know. He is inclined to think not. He suggested that it may be a better idea to reduce the motorcycle fee by the $2.50.
"It's one thing if you want to do safety seminars, but when you're giving out trinkets and stuff, come on," said Nelson, R-Apopka. "Somebody must own one of those trinket companies.. It's a bunch of stuff that has no business being part of a government program."
But Reichenbach said the reminders do work and the evidence is in motorcycle crash data.
"Deaths have gone down every year," Reichenbach said. "They went down 24 percent three years ago."
ABATE got $250,000 from the motorcycle registration fees this year.
The Department of Highway Safety and Motor Vehicles released a copy of the outside audit that was done on the ABATE program and sent to the agency in July. It doesn't address the actual effectiveness of the campaign, and doesn't address motorcycle crash outcomes.
But the audit does note that the contract with ABATE spelled out what the money could be used for, and one of those approved expenditures is for "material for promotion of biker safety."
"In my opinion, ABATE of Florida, Inc., has disbursed funds in accordance with the requirements of the contractual agreement," the auditor, Michael E. Steuer, CPA, wrote in the audit summary.
The contract with ABATE also specifically allows the money to be spent on "any other needs with the express purpose of promoting biker safety/training to include promotional products."
In addition to key chains, kickstand pads and magnets, the group also spends some of the money on billboards, radio ads, bus ads and other informational items, according to the audit and Reichenbach.
Reichenbach said he welcomed the scrutiny.
"Everything is on the up and up and we can prove it," he said.
Rogue
Sturgis Freedom Fighters
Motorcycle Hall Of Fame Member 2005
Sunday, September 4, 2011
MOUNT RUSHMORE - STURGIS 2011
If you have never been to Mount Rushmore during Sturgis your definitly not planning your trip properly. Sturgis, Deadwood, Custers Park, Crazy horse and Mount Rushmore and all the small towns in between is what makes the entire trip worth it. Personally I always wondered why it was so important to have people hang off a perfectly fine mountain to engrave (some to there death) this massive structure of presidents faces that just stayed there for all eternity. But when travelling through the monument and reading all the literature, ideas and studying the structures and how they were built, you come to have a totally different respect for it all. It is different to see it on pictures and another to see it in person. I guess you should never be opininated on something until you see it through the eyes of its creater and see this great creation for yourself.
Tuesday, August 30, 2011
ABATE OF FLORIDA ATTEMPTING TO TERMINATE ROGUE'S LIFETIME MEMBERSHIP
On July 26, 2011 a letter dated July 13, 2011 from the Law Office of Larry Crow who states he represents ABATE of
Here is a copy of that letter.
LAW OFFICES OF
LARRY CROW
BOARD CERTIIFIED REAL ESTATE ATTORNEY
JERRY THEOPHILOPOULOS
TRIAL ATTORNEY
July 13, 2011
Certified Mail and U.S.Mail.
Mr. John Herlilty Post Office Box 184 Melbourne, Florida 32902-0184
Re: ABATE Membership
Dear Mr. Herlilty:
Please be advised this office represents ABATE of Florida Inc., as General Counsel. At the July board meeting for the Corporation, your publicized comments against ABATE were discussed. It was noted that your comments were untruthful and derogatory, and generally harmful to the good of ABATE.
Based upon the above, a vote was taken by the Board and it has been unanimously agreed that your membership in Abate is terminated.
PLEASE GOVERN YOURSELF ACCORDINGLY.
Larry Crow P.A. LC/cmc
Cc: ABATE of Florida, Inc
Sent: Wednesday, August 24, 2011 12:15 PM
To: STATEOFFICE@ABATEFLORIDA.COM; STATEPRESIDENT@ABATEFLORIDA.COM; STATEVICE-PRESIDENT@ABATEFLORIDA.COM; STATESECRETARY@ABATEFLORIDA.COM; STATETREASUERER@ABATEFLORIDA.COM; STATESGTATAREMS@ABATEFLORIDA.COM; STATEPR@ABATEFLORIDA.COM; MASTERLINKEDITOR@ABATEFLORIDA.COM; STATEMEMBERSHIP@ABATEFLORIDA.COM; STATELEGISLATIVE@ABATEFLORIDA.COM; STATELEGALCOUNSEL@ABATEFLORIDA.COM
Subject: Abate's intention to terminate Rogue's Lifetime Membership
My wife and I have ridden forever and been ABATE members for a very long time joining first in OHIO Florida in 2000 and transferred our membership to Independence Chapter in Brevard County
When there is a different ABATE President for the State of Florida
I said that to say this:
How dare you attempt to terminate the membership of a FREEDOM FIGHTER HALL OF FAMER??
HOW DARE YOU??!! Do you really realize what you are doing?? Rogue is the embodiment of Biker's rights organizations. He has done more for Biker's rights by accident than ANY OF YOU have done on purpose. He has literally dedicated his life to fostering Biker's rights. You may not like what he has to say but I'll bet my last money what he is saying is true. For you to want him out this bad tells me something. It tells me there's something going on that you don't want to surface. It tells me you could have dirty hands. It smells. It wreaks. It tells me there's a reason why you won't show the books and that is total BS. if you have nothing to hide SHOW THE BOOKS the real books. Not the cooked ones.
I'm a nobody but I will tell you this. If I were you I would think long and hard about proceeding with this termination. If I were you I would find myself a nice little angle that would allow me to bow out of this gracefully. This airing of "dirty laundry" doesn't bode well for your organization because people all over the country know this man what he has stood for and continues to stand for to this very day.
Hoping someday to re-join ABATE, very sincerely,
Pat Pecorelli....Satsuma, Fl
Don Hylland
1794 Stewart Place
Melbourne FL 32935
321-794-2492Harleyrider247@hotmail.com
Attn: Board of Directors
Re: Termination of John “Rogue” Herlihy’s Lifetime Membership
State Board Members,
I am a lifetime member of ABATE of FLORIDA Inc. and a member of Independence Chapter.
I have been informed that you acting on behalf of the membership have made a decision to terminate the above mentioned members life membership. As a member in good standing I call for you to immediately stop your actions and bring this matter before the members of the organization. You have overstepped you authority and abused your positions.This is exactly why a longstanding member like myself has not been involved in the day to day activities of ABATE! I have given (as many have) years of service, money and personal sacrifice for the cause of freedom. Not just in the MRO agenda but in the political arena also. After several years of service and observing what the current ABATE President's agenda was and the fact that he had use this venue as a means of making a living I decided to stop my everyday involvement. The very fact that when questioned he lashes out and attacks members are absurd and very unprofessional! The State Board has been complicit in his actions which is also absurd! This is after all the member’s organization and not Mr. Reichenbach’s nor yours.
I have been informed that you acting on behalf of the membership have made a decision to terminate the above mentioned members life membership. As a member in good standing I call for you to immediately stop your actions and bring this matter before the members of the organization. You have overstepped you authority and abused your positions.This is exactly why a longstanding member like myself has not been involved in the day to day activities of ABATE! I have given (as many have) years of service, money and personal sacrifice for the cause of freedom. Not just in the MRO agenda but in the political arena also. After several years of service and observing what the current ABATE President's agenda was and the fact that he had use this venue as a means of making a living I decided to stop my everyday involvement. The very fact that when questioned he lashes out and attacks members are absurd and very unprofessional! The State Board has been complicit in his actions which is also absurd! This is after all the member’s organization and not Mr. Reichenbach’s nor yours.
I continue to support Biker's rights organizations and Bikers. I do not support ABATE of Florida
In order for this SMRO to advance and succeed a change must be made NOW! No more empty rhetoric from a supposed leader who has BS’d his way along for far too long. At this point he does more harm than good. You that have supported him need to also step aside for the good of all. Your complicity in this is extreme and has made you an accomplice and also not valid or credible at this point.
Now back to this issue at hand! Rouge is one of the original Freedom Fighters and members of ABATE! He has been there before many of you even heard of ABATE. Rogue is the face of Biker's rights and MRO’S. He has one more for biker's rights than many that sit in judgment of him. He has dedicated his life to furthering biker's rights. Now you have made false statements and called the man’s integrity in question! This shows more of the same pattern of Mr. Reichenbach’s screaming insults and calling everyone who questions him or what is being done with ABATE liars! We as an organization in the past have been lucky to not be sued from such antics!
On what authority do you take your actions? Where in the By-Laws does it say you have the right? I have been around when more than once this has happened. It was brought before the membership for a vote then and it should now. You have made yourself accuser, jury and judge with no authority to do so.
Do you really realize that you are setting up an opportunity to air our dirty laundry in public and a possible lawsuit? This airing of "dirty laundry" doesn't bode well for our organization because people all over the country know this man what he has stood for and continues to stand for to this very day. That he is a man of integrity. I know many more who say the opposite of Mr. Reichenbach. A major reason they do not belong or participate anymore.
I believe he has not told any untruths and if you do then let’s have the membership listen to both sides and see where the hammer drops! You may not like what he has to say but it might be possible what he is saying is true. Why do you hide from proving not true! Again, typical of Mr. Recihenbach and yourselves to duck and cover rather than prove him wrong. The fact that you do not address the words and you just try to ostracize him tells me there's something going on that you don't want to surface. It tells me you could have dirty business at hand. It does not have a good taste to it. It also tells me there's a reason why you won't show the books! I still question when at a critical time ( I believe there may have been an audit coming?) our offices all of a sudden burn and records destroyed. In today’s world of scanners and disk and thumb drives we had no back up of records? Whose head rolled for that one? If n o one then it should have been Doc’s as the leader at the time! I call for Mr. Reichenbach to be removed for dereliction of duty
I now once again demand that you cease and desist all actions in regards to the termination of John “Rogue” Herlihy’s lifetime membership award until this matter is brought before all members of ABATE of FLORIDA Inc.! Then chapter members and Mr. Herlihy have a chance to address you accusations!
Sincerely,
Don “GatorDon” Hylland
Don “GatorDon” Hylland
Lifetime Member
ABATE of Florida Inc.
ABATE of Florida Inc.
You might want to pass this link on with your letters regarding what ABATE can and can't do regarding your removal. Tell them the information is posted on page 7.
Rogue
Sturgis Freedom Fighters
Motorcycle Hall Of Fame Member 2005
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