Massachusetts Motorcyclists’ Celebrate Appeals Court - Decision over City of Boston EPA Stamp Ordinance

OFF THE WIRE

FOR IMMEDIATE RELEASE CONTACTS: Paul Cote (978) 504=9715                                                                                                                                                                                                                           Bill Gannon (617) 378-1562

 

Massachusetts Motorcyclists’ Celebrate Appeals Court

Decision over City of Boston EPA Stamp Ordinance

 

(Boston, MA - August 5, 2011) The Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.) celebrated after receiving notice that the Massachusetts Appeals Court, while upholding a lower Court’s decision dismissing a lawsuit seeking to strike down Boston’s Ordinance requiring a visible EPA stamp on motorcycle exhaust systems, but also are keeping the door open for another lawsuit to challenge the validity of the Ordinance if the City of Boston issues a citation for this so-called violation.

"Because the City hasn’t issued a single $300 citation after enacting this conflicting Ordinance," said Plaintiff Paul W. Cote, "Boston riders and motorcycling visitors have won another battle in this ongoing war."

In June of 2009, the Boston City Council enacted an Ordinance allowing enforcement officer to issue the $300 fines on motorcycles whose "EPA imprint" of compliance were not r eadily visible. Within a week, Cote of Amesbury and four other motorcyclists filed a Complaint at the Suffolk Superior Court seeking to declare the City’s Ordinance invalid and conflicting with existing State Statutes regarding motorcycle exhaust sound levels and testing procedures. The Court dismissed the Complaint as no riders had been "harmed" because no citations have been issued under this ordinance.

"We won this battle," said Bill Gannon of Quincy, another one of the Plaintiffs. "They [the City of Boston] refused to give us a ticket so the real issue could be decided.  Thus the war is still on if Boston dares to challenge us.  We will be back in Court if they issue a ticket to any motorcyclist under this ordinance. At this point we are holding their repugnant Ordinance hostage as Boston fears issuing any violations as long as they are aware that B.O.L.T. is conspicuously vigilant of Boston’s conduct with res pect to this Ordinance"

Massachusetts B.O.L.T. is an elite collective of motorcycling activists opposing discrimination against motorcyclists. Known, primarily, for opposition to government-mandated motorcycle helmet laws, B.O.L.T. will lawfully fight discrimination on all fronts, including legislative buildings, courtrooms, and the streets. Membership is limited to proven motorcycling activists chosen as a result of their exemplary actions. More information on Massachusetts B.O.L.T. activities can be viewed on http://www.justicerider.com/ web site.