Release: Bikers await City of Boston's "EPA Stamp" brief

OFF THE WIRE

BRAVO! Screw the court and the city. Just because there have been no citations doesn't erase the law from the books. This ordinance, if left on the books, could be used at will anytime.

Mark Infield

PRESS RELEASE
FOR IMMEDIATE RELEASE: November 15, 2010

For more information, contact:
Paul W. Cote, 978-535-8222; claimscote@aol.com
Joseph S. Provanzano, Esquire, 978-535-8222; ProvanzanoLaw@aol.com

Local Motorcyclists Await City's Stamp Act Brief

(Boston, MA) Massachusetts’ Motorcycling Activists seeking to strike down an Ordinance, enacted June 2009 that would fine Motorcyclists $300 if they parked within the city limits without an Environmental Protection Agency "stamp" readily visible on their exhaust system, expect to have the City's appeal brief early next week.

Although the City of Boston Passed this ordinance more than eighteen months ago, it has not yet enforced the ordinance or issued tickets due to the Motorcyclists’ legal activism. The Activists, who call themselves of the "Justice Riders" and include all members of the Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.), take satisfaction in the legal caveat that has abated Boston’s enforcement of this repugnant ordinance.

"The City's brief is due with the Court and us on or by November 15th," said famed Massachusetts Motorcycling Attorney Joseph S. Provanzano, of Peabody, representing the five area motorcycle activists who filed suit against the City's ordinance.

The Motorcyclists contest Boston’s authority to enact and enforce the ordinance calling for a $300 fine if an EPA stamp, required for manufacturers to install on new motorcycles, is not "readily visible" to law enforcement officers on a running or parked motorcycle within the City Limits as unfair and in conflict with existing State laws and regulations governing motorcycle exhaust systems.

The Justice Riders claim the State has existing statues dealing with motorcycle exhausts and inspections, and city and town police are required to follow those State laws.

"A State Inspection sticker on my motorcycle says I comply with the statutes and regulations, whether I'm in Amesbury or Boston or Worcester or anywhere in the State," said Paul W. Cote, one of the Plaintiffs in the suit filed immediately after the Boston City Council enacted the 2009 Ordinance.

"The City's Ordinance is repugnant to State statutes," continued Cote.

This past March, Superior Court Judge Charles T. Spurlock dismissed the bikers case writing since the City had not issued any citations against the five plaintiffs, they had "no standing" to bring the suit. The bikers appealed that decision to the Appeals Court, filing their Brief September 10th.

The City had 30 days to filed their responsive Brief, but requested additional time which the Court granted to November 15th.

"We hope the Appeals Court deals with the authority issues," said Bill Gannon of Quincy, "because we'll be back in Court once the first $300 fine is issued. The City is not going to dig out of it's budget woo's off the backs of motorcyclists by raping our wallets with this $300 compost ticket.

A copy of the motorcyclists’ appeals brief can be viewed on www.JusticeRider.com web site.