ccstrokerz383@gmail.com
From: Riders for Justice MA
To: claimscote@aol.com
Sent: Sun, Mar 28, 2010 6:51 am
Subject: press release
Press release 3/26/10 ( )
Justice riders press release
RELEASE - March 26, 2010
FOR MORE INFORMATION CONTACT
JUSTICE RIDERS - For more info, contact
Paul W. Cote, 978-535-8222, ClaimsCote@aol.com
Bill Gannon,
Mike Longtin, mlongtin@comcast.net -
Vince Silvia, vsilvia@thesilvias.com - 987-852-3626 (cell)
Larry Cahill, webmaster@bostonbiker.com -
Betsy Lister, Gypsypashn@aol.com, 781-393-9330
(Boston, MA) Suffolk County Superior Court Judge Charles T. Spurlock dismissed a
lawsuit filed by motorcyclists seeking to strike down a "noise ordinance"
enacted by the City of Boston last summer.
In a 4-page decision issued March 16th and released March 23rd, the Judge ruled
since none of the five (5) Plaintiffs had been ticketed yet, they had "no
standing" to bring the lawsuit challenging the Boston Ordinance, which imposes a
$300 fine if law enforcement can not readily find an EPA imprint on the
motorcycles. His decision did not address the validity of the Ordinance, which
still remains unclear. An earlier ruling by another Judge seemed to give the
riders standing, as they claimed they rode their motorcycles into Boston for
work and pleasure.
"One part of our goal was accomplished," roared Plaintiff Bill Gannon of Quincy,
"no tickets were issued to any riders in Boston last summer as a result of this
suit, so no biker had to pony up $300 for the Mayor's budget deficit."
The lawsuit was dismissed, "without prejudice," meaning it could be brought
back, once tickets had been issued.
"We are looking at our options," claimed Paul W. Cote of Amesbury, another
Plaintiff in the suit.
"We're asking the City to issue us tickets now so we can proceed. I'm sure
Boston Police and the riding community want to know where this challenge stands
with the riding season coming."
Cote claimed the 5 plaintiffs are consulting with their Attorney, Joseph S.
Provanzano of Peabody, weight options including filing for "reconsideration" or
an appeal to the Appeals Court, or just wait until ticketing starts.
Betsy Lister of Medford, the "Justice Riders" group Treasurer said another group
has been soliciting donations from the motorcyclist community for a "defense
fund" to fight individual citations issues while the Justice Riders will
continue on the "offense" to strike down the hastily enacted Ordinance.
"One way or another, we need a ruling on this EPA regulation," said Plaintiff
Mike Longtin of N. Easton.
Longtin says the EPA standard is a manufactures, not consumer standard; that any
"assurance" provided by the imprint at the time of manufacturing is only good
for one year or 3,730 miles, whichever comes first; and that current State laws
and regulations give the Registrar of Motor Vehicles the authority to write the
rules motorcycle exhaust systems must comply with and proper testing standards
law enforcement need to use to issue tickets for "excessive noise."
Plaintiff Larry Cahill of Medford, who hosts the popular BostonBiker.com web
site said, "I'm not going to spend a dime in Boston until this matter is cleared
up by the Court," and he'll ask his over 40,000 a month web site visitors to
follow his lead boycotting Boston businesses.
"Why consider spending a $100 in Boston for the chance of a $300 ticket?"
According to Registry of Motor Vehicle reports, over 182,000 motorcycles were
registered in the State as of September 2009.
"If 30,000 riders aren't spending $100 a weekend in Boston, that's $3 million as
weekend Boston businesses lose."