American Legion Riders 460 members, & Associates,
Operation Homeless Veteran's Standdown in Balboa park will be July 15 thru 16, 2011. The Operation is in need of gently used clothing for men, women and children, shoes, toys, books, games and baby accessories. All sizes are welcome. Please NO clothing in need of repair.
If you have any of these items you wish to donate---please contact myself, June Coatney or Jean Jensen at the Legion. 858 / 277 - 1052 .items must be dropped off no later than 7/11/11
at the Legion (American Legion Post 460, 7815 Armour St, Kearny Mesa, San Diego) with note for Operation Standdown.
Thank you for any assistnace.
Margie
Thursday, June 30, 2011
Veterans Stand-down
American Legion Riders 460 members, & Associates,
Operation Homeless Veteran's Standdown in Balboa park will be July 15 thru 16, 2011. The Operation is in need of gently used clothing for men, women and children, shoes, toys, books, games and baby accessories. All sizes are welcome. Please NO clothing in need of repair.
If you have any of these items you wish to donate---please contact myself, June Coatney or Jean Jensen at the Legion. 858 / 277 - 1052 .items must be dropped off no later than 7/11/11
at the Legion (American Legion Post 460, 7815 Armour St, Kearny Mesa, San Diego) with note for Operation Standdown.
Thank you for any assistnace.
Margie
Operation Homeless Veteran's Standdown in Balboa park will be July 15 thru 16, 2011. The Operation is in need of gently used clothing for men, women and children, shoes, toys, books, games and baby accessories. All sizes are welcome. Please NO clothing in need of repair.
If you have any of these items you wish to donate---please contact myself, June Coatney or Jean Jensen at the Legion. 858 / 277 - 1052 .items must be dropped off no later than 7/11/11
at the Legion (American Legion Post 460, 7815 Armour St, Kearny Mesa, San Diego) with note for Operation Standdown.
Thank you for any assistnace.
Margie
TWO COFFEES
Having arrived at the Gates of Heaven, Barack Obama meets a man with a beard. 'Are you Mohammed?' he asks. 'No my son, I am St. Peter;
Mohammed is higher up.' St. Peter then points to a ladder that rises into the clouds.
Delighted that Mohammed should be higher than St. Peter, Obama climbs the ladder in great strides, climbs up through the clouds and comes into a room where he meets another bearded man.
He asks again, 'Are you Mohammed ?
'Why no he answers, I am Moses; Mohammed is higher still.'
Exhausted, but with a heart full of joy he climbs the ladder yet again.
He discovers a larger room where he meets an angelic-looking man with a beard.
Full of hope, he asks again, 'Are you Mohammed ?
'No, I am Jesus... You will find Mohammed higher up.'
Mohammed higher than Jesus ! Man, oh man ! Obama can hardly contain his delight and climbs and climbs ever higher. Once again, he reaches an even larger room where he meets this truly magnificent looking man with a silver white beard and once again repeats his question: 'Are you Mohammed ?' he gasps, as he is, by now, totally out of breath from all his climbing.
'No, my son.... I am Almighty God, the Alpha and the Omega, but, you look exhausted. Would you like a cup of coffee..?' '
Yes ! Please !'
As God looks behind him, he claps his hands and yells out:
'Hey Mohammed-- two coffees !'''
Keep your trust in God ....... your government has let you down.
Mohammed is higher up.' St. Peter then points to a ladder that rises into the clouds.
Delighted that Mohammed should be higher than St. Peter, Obama climbs the ladder in great strides, climbs up through the clouds and comes into a room where he meets another bearded man.
He asks again, 'Are you Mohammed ?
'Why no he answers, I am Moses; Mohammed is higher still.'
Exhausted, but with a heart full of joy he climbs the ladder yet again.
He discovers a larger room where he meets an angelic-looking man with a beard.
Full of hope, he asks again, 'Are you Mohammed ?
'No, I am Jesus... You will find Mohammed higher up.'
Mohammed higher than Jesus ! Man, oh man ! Obama can hardly contain his delight and climbs and climbs ever higher. Once again, he reaches an even larger room where he meets this truly magnificent looking man with a silver white beard and once again repeats his question: 'Are you Mohammed ?' he gasps, as he is, by now, totally out of breath from all his climbing.
'No, my son.... I am Almighty God, the Alpha and the Omega, but, you look exhausted. Would you like a cup of coffee..?' '
Yes ! Please !'
As God looks behind him, he claps his hands and yells out:
'Hey Mohammed-- two coffees !'''
Keep your trust in God ....... your government has let you down.
Written on Behalf of Hildy
OFF THE WIRE
Even though Hildy body blocked a Dodge Dakota last Sunday, pretty much totaled his scooter, ended up with some hardware permanently implanted into his wrist, couldn't get near a computer, much less bang out an email to anyone, and me with burned up cell phone minutes until 7 July, we've gotten HB 95 to it present state.
June 30, 2011 HB 95 with S.A. 1 as written, a second time, passed the House 28 - 11 with 2 not voting.
It now goes to Governor.
To read Hildy's Report, hear the bill's passage, take a run on over to:
http://www.abateofde.com/hildys_report.htm
-Chainsaw
Even though Hildy body blocked a Dodge Dakota last Sunday, pretty much totaled his scooter, ended up with some hardware permanently implanted into his wrist, couldn't get near a computer, much less bang out an email to anyone, and me with burned up cell phone minutes until 7 July, we've gotten HB 95 to it present state.
June 30, 2011 HB 95 with S.A. 1 as written, a second time, passed the House 28 - 11 with 2 not voting.
It now goes to Governor.
To read Hildy's Report, hear the bill's passage, take a run on over to:
http://www.abateofde.com/hildys_report.htm
-Chainsaw
AUSTRALIA - Bikies gang link to beaches bomb alert
OFF THE WIRE
SPECIALIST police, including officers from Strike Force Raptor, are investigating a bomb threat to a tattoo parlour at Dee Why owned by the Finks motorcycle gxxg.
Sturdee Pde was blocked for several hours while police bomb disposal unit officers examined the package and later removed it for forensic examination.
It is not yet known if the suspected bomb was genuine or an elaborate hoax.
Northern Beaches duty officer Insp Sam Bartlett said workers at the tattoo parlour in Sturdee Rd opened a small padded enveloped that was in the parlour’s letterbox and saw wires and a battery.
They immediately called the police, who alerted firefighters, paramedics and the police bomb squad.
He said businesses and homes within a 100m radius were evacuated while the bomb squad examined the package.
“An investigation into the package was conducted by the bomb disposal unit and it was rendered safe,” Insp Bartlett said.
“The package has been retained for forensic investigation.
“The bomb disposal unit is still investigating if it was genuine or an elaborate hoax.”
He said the police had not received any previous reports of trouble relating to the parlour.
Strike Force Raptor was established by the State Crime Command’s gangs squad to target outlaw motorcycle gxxgs.
http://manly-daily.whereilive.com.au/news/story/bikies-gang-link-to-beaches-bomb-alert/
July 4th Non-Ride.
OFF THE WIRE
In answer to several inquiries, I am letting all know that San Diego will NOT be staging a "Helmet Law Protest Ride" this July 4th. No one volunteered to arrange or coordinate a ride this year.
Maybe we will have more happening for next July 4th, or maybe we will not NEED one by then, When it comes time to volunteer to work political campaigns, the more we do......The better chance that we can push a bill through.
If you feel the need for a protest ride.....Do one ! All you need to do is....take off your hat and Ride !
John Del Santo
"QUESTION AUTHORITY"
Benjamin Franklin
In answer to several inquiries, I am letting all know that San Diego will NOT be staging a "Helmet Law Protest Ride" this July 4th. No one volunteered to arrange or coordinate a ride this year.
Maybe we will have more happening for next July 4th, or maybe we will not NEED one by then, When it comes time to volunteer to work political campaigns, the more we do......The better chance that we can push a bill through.
If you feel the need for a protest ride.....Do one ! All you need to do is....take off your hat and Ride !
John Del Santo
"QUESTION AUTHORITY"
Benjamin Franklin
CA: Police to conduct motorcycle crackdown July 4th
OFF THE WIRE
http://www.surfsantamonica.com/ssm_site/the_lookout/news/News-2011/June-2011/06_27_2011_Police_to_Conduct_Crackdowns.htm
Police to Conduct Crack Downs During 4th of July Weekend
By Lookout Staff
June 27, 2011 -- Police will crack down on drunk drivers and reckless motorcyclists who can cause collisions, injuries, and fatalities during the upcoming 4th of July weekend.
Police will be conducting a Sobriety/ Driver’s License checkpoint on Friday, contacting drivers to confirm their sobriety and drivers license status, since unlicensed drivers are over-represented in fatal crashes.
This is the fourth checkpoint conducted over the past 12 months and is part of an ongoing campaign to reduce the number of injuries and fatalities in alcohol-involved crashes.
Statewide, overall traffic deaths declined by 23 percent, from 3,995 in 2007 to 3,081 in 2009, reaching the lowest levels in six decades, according to law enforcement authorities.
During the same period, DUI deaths declined by 16 percent, from 1,132 to 950, according to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System.
Drivers who plan on drinking should have a designated driver or call a taxi. For more information contact Sergeant Jeff Wiles at the Santa Monica Police Department Traffic Division, 310-458-8950, or the Public Information Officer, Sergeant Richard Lewis at 310-458-8462.
On Saturday and Sunday, as part of two specialized Motorcycle Safety Enforcement Operations additional officers will be patrolling areas frequented by motorcyclists and prone to crashes.
Officers will be cracking down on traffic violations made by motorcyclists, as well as by other vehicle drivers that can lead to motorcycle accidents.
"Motorcyclists are much more vulnerable than others sharing the road," said California Office of Traffic Safety Director, Christopher J. Murphy. "Motorcyclists require special skills and abilities to reduce their risk of being involved in a crash."
Motorcycle fatalities had been on the rise in California, increasing by 175 percent in 10 years, from 204 deaths in 1998 to 560 deaths in 2008, police said.
The trend has been reversed, however, with data showing a 30 percent decrease, to 394 motorcyclist deaths in 2009. Despite this "dramatic reduction," police said, California remains one of three states that lead the nation in motorcyclist deaths.
Between 2006 and 2008, 58 percent of motorcyclist fatalities involved drivers under age 25 who were not properly licensed.
"California collision data reveals that the primary causes of motorcycle-involved crashes include speeding, unsafe turning, and impairment due to alcohol and other drugs," according to a statement from police.
Police are reminding motorists to be alert and watch out for motorcycles, especially when turning and changing lanes.
Motorcyclists can get skill level training and safety information through the California Motorcyclist Safety Program. Information and training locations are available at http://www.ca-msp.org/ or 1-877.RIDE.411 (1-877-743-3411).
"Motorcyclists require special skills and abilities to reduce their risk of being involved in a crash." Christopher J. Murphy
http://www.surfsantamonica.com/ssm_site/the_lookout/news/News-2011/June-2011/06_27_2011_Police_to_Conduct_Crackdowns.htm
Police to Conduct Crack Downs During 4th of July Weekend
By Lookout Staff
June 27, 2011 -- Police will crack down on drunk drivers and reckless motorcyclists who can cause collisions, injuries, and fatalities during the upcoming 4th of July weekend.
Police will be conducting a Sobriety/ Driver’s License checkpoint on Friday, contacting drivers to confirm their sobriety and drivers license status, since unlicensed drivers are over-represented in fatal crashes.
This is the fourth checkpoint conducted over the past 12 months and is part of an ongoing campaign to reduce the number of injuries and fatalities in alcohol-involved crashes.
Statewide, overall traffic deaths declined by 23 percent, from 3,995 in 2007 to 3,081 in 2009, reaching the lowest levels in six decades, according to law enforcement authorities.
During the same period, DUI deaths declined by 16 percent, from 1,132 to 950, according to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System.
Drivers who plan on drinking should have a designated driver or call a taxi. For more information contact Sergeant Jeff Wiles at the Santa Monica Police Department Traffic Division, 310-458-8950, or the Public Information Officer, Sergeant Richard Lewis at 310-458-8462.
On Saturday and Sunday, as part of two specialized Motorcycle Safety Enforcement Operations additional officers will be patrolling areas frequented by motorcyclists and prone to crashes.
Officers will be cracking down on traffic violations made by motorcyclists, as well as by other vehicle drivers that can lead to motorcycle accidents.
"Motorcyclists are much more vulnerable than others sharing the road," said California Office of Traffic Safety Director, Christopher J. Murphy. "Motorcyclists require special skills and abilities to reduce their risk of being involved in a crash."
Motorcycle fatalities had been on the rise in California, increasing by 175 percent in 10 years, from 204 deaths in 1998 to 560 deaths in 2008, police said.
The trend has been reversed, however, with data showing a 30 percent decrease, to 394 motorcyclist deaths in 2009. Despite this "dramatic reduction," police said, California remains one of three states that lead the nation in motorcyclist deaths.
Between 2006 and 2008, 58 percent of motorcyclist fatalities involved drivers under age 25 who were not properly licensed.
"California collision data reveals that the primary causes of motorcycle-involved crashes include speeding, unsafe turning, and impairment due to alcohol and other drugs," according to a statement from police.
Police are reminding motorists to be alert and watch out for motorcycles, especially when turning and changing lanes.
Motorcyclists can get skill level training and safety information through the California Motorcyclist Safety Program. Information and training locations are available at http://www.ca-msp.org/ or 1-877.RIDE.411 (1-877-743-3411).
"Motorcyclists require special skills and abilities to reduce their risk of being involved in a crash." Christopher J. Murphy
Food for thought !
OFF THE WIRE
WHERE ARE THE GIRLFRIENDS?
I hadn't thought about this - but where are O's past girlfriends - surely he had at least one? No past girl friends popping up anywhere? Strange - strange to the point of being downright weird!
OK... this is past the 'birthers' questions.... this is just plain old common sense, no political agendas for either side. Just common knowledge for citizens of a country,
especially American citizens, who know every little tidbit about every other president ( and their wives) that even know that Andrew Jackson's wife smoked a corn cob pipe and was accused of adultery, or that Lincoln never went to school or Kennedy wore a back brace or Truman played the piano.
We are Americans! Our Press vets these things out! We are known for our humanitarian interests and caring for our 'fellow man.' We care, but none of us know one single humanizing fact about the history of our own president.
Honestly, and this is a personal thing...but it's bugged me for years that no one who ever dated him ever showed up. Taken his charisma, which caused the women to be drawn to him so obviously during his campaign, looks like some lady would not have missed the opportunity....
We all know about JFK's magnetism, McCain was no monk, Palin's courtship and even her athletic prowess were probed. Biden's aneurisms are no secret. Look at Cheney and Clinton-we all know about their heart problems. How could I have left out Wild Bill before or during the White House?
Nope... not one lady has stepped up and said, "He was soooo shy," or "What a great dancer!"
Now look at the rest of what we know... no classmates, not even the recorder for the Columbia class notes ever heard of him.
I just don't know about this fellow.
Who was the best man at his wedding? Start there. Check for groomsmen. Then get the footage of the graduation ceremony.
Has anyone talked to the professors? Isn't it odd that no one is bragging that they knew him or taught him or lived with him.
When did he meet Michele and how? Are there photos? Every president provides the public with all their photos, etc. for their library. What has he released? Nada - other than what was in this so-called biography! And experts who study writing styles, etc. claim it was not O's own words or typical of his speech patterns, etc.
Does this make any of you wonder?
Ever wonder why no one ever came forward from Obama's past, saying they knew him, attended school with him, was his friend, etc. ?
Not one person has ever come forward from his past.
VERY, VERY STRANGE. This should really be a cause for great concern. To those who voted for him, you may have elected an unqualified, inexperienced shadow man.
Did you see the movie titled, The Manchurian Candidate?
Let's face it. As insignificant as we all are... someone whom we went to school with remembers our name or face...someone remembers we were the clown or the dork or the brain or the quiet one or the bully or something about us.
George Stephanopoulos, ABC News said the same thing during the 2008campaign.
Even he questions why no one has acknowledged that the president was in their classroom or ate in the same cafeteria or made impromptu speeches on campus.
Stephanopoulos was a classmate of Obama at Columbia-class of 1984.
He says he never had a single class with him.
Since he is such a great orator, why doesn't anyone in Obama's college class remember him?
And, why won't he allow Columbia to release his records?
Do you like millions of others, simply assume all this is explainable - even though no one can?
NOBODY REMEMBERS OBAMA AT COLUMBIA
Looking for evidence of Obama's past, Fox News contacted 400 Columbia University students from the period when Obama claims to have been there, but not one remembers him. For example,Wayne Allyn Root was (like Obama) a political science major at Columbia, who graduated in 1983. In 2008, Root says of Obama, "I don't know a single person at Columbia that knew him, and they all know me. I don't have a single classmate who ever knew Barack Obama at Columbia ... EVER!
Nobody recalls him.
Root adds that he was, "Class of '83 political science, pre-law" and says, "You don't get more exact or closer than that. Never met him in my life, don't know anyone who ever met him."
At our 20th class reunion five years ago, who was asked to be the speaker of the class? Me. No one ever heard of Barack! And five years ago, nobody even knew who he was. The guy who writes the class notes, who's kind of the, as we say in New York, 'the macha' who knows everybody, has yet to find a person, a human who ever met him."
Obama's photograph does not appear in the school's yearbook, and Obama
consistently declines requests to talk about his years at Columbia, provide school records, or provide the name of any former classmates or friends while at Columbia.
How can this be?
NOTE: Wayne Allyn Root can easily be verified. He graduated valedictorian from his high school, Thornton-Donovan School, then graduated from Columbia University in 1983 as a Political Science major in the same '83 class in which Barack Hussein Obama states he was.
Some other interesting questions.
Why was Obama's law license inactivated in 2002?
Why was Michelle's law license inactivated by court order?
According to the U.S. Census, there is only one Barack Obama - but 27 Social Security numbers and over 80 aliases.
WHAT!?
The Social Security number he uses now originated in Connecticut where he is never reported to have lived.
No wonder all his records are sealed!
Please continue sending this out to everyone. Somewhere, someone had to know him in school...before he "reorganized" Chicago and burst upon the scene at the 2004 Democratic Convention and made us swoon with his charm, poise, and speaking pizzazz.
One of the biggest CONS this country has ever seen, and getting away with it. Go watch the movie The Manchurian Candidate, with Lawrence Harvey! Good movie!
WHERE ARE THE GIRLFRIENDS?
I hadn't thought about this - but where are O's past girlfriends - surely he had at least one? No past girl friends popping up anywhere? Strange - strange to the point of being downright weird!
OK... this is past the 'birthers' questions.... this is just plain old common sense, no political agendas for either side. Just common knowledge for citizens of a country,
especially American citizens, who know every little tidbit about every other president ( and their wives) that even know that Andrew Jackson's wife smoked a corn cob pipe and was accused of adultery, or that Lincoln never went to school or Kennedy wore a back brace or Truman played the piano.
We are Americans! Our Press vets these things out! We are known for our humanitarian interests and caring for our 'fellow man.' We care, but none of us know one single humanizing fact about the history of our own president.
Honestly, and this is a personal thing...but it's bugged me for years that no one who ever dated him ever showed up. Taken his charisma, which caused the women to be drawn to him so obviously during his campaign, looks like some lady would not have missed the opportunity....
We all know about JFK's magnetism, McCain was no monk, Palin's courtship and even her athletic prowess were probed. Biden's aneurisms are no secret. Look at Cheney and Clinton-we all know about their heart problems. How could I have left out Wild Bill before or during the White House?
Nope... not one lady has stepped up and said, "He was soooo shy," or "What a great dancer!"
Now look at the rest of what we know... no classmates, not even the recorder for the Columbia class notes ever heard of him.
I just don't know about this fellow.
Who was the best man at his wedding? Start there. Check for groomsmen. Then get the footage of the graduation ceremony.
Has anyone talked to the professors? Isn't it odd that no one is bragging that they knew him or taught him or lived with him.
When did he meet Michele and how? Are there photos? Every president provides the public with all their photos, etc. for their library. What has he released? Nada - other than what was in this so-called biography! And experts who study writing styles, etc. claim it was not O's own words or typical of his speech patterns, etc.
Does this make any of you wonder?
Ever wonder why no one ever came forward from Obama's past, saying they knew him, attended school with him, was his friend, etc. ?
Not one person has ever come forward from his past.
VERY, VERY STRANGE. This should really be a cause for great concern. To those who voted for him, you may have elected an unqualified, inexperienced shadow man.
Did you see the movie titled, The Manchurian Candidate?
Let's face it. As insignificant as we all are... someone whom we went to school with remembers our name or face...someone remembers we were the clown or the dork or the brain or the quiet one or the bully or something about us.
George Stephanopoulos, ABC News said the same thing during the 2008campaign.
Even he questions why no one has acknowledged that the president was in their classroom or ate in the same cafeteria or made impromptu speeches on campus.
Stephanopoulos was a classmate of Obama at Columbia-class of 1984.
He says he never had a single class with him.
Since he is such a great orator, why doesn't anyone in Obama's college class remember him?
And, why won't he allow Columbia to release his records?
Do you like millions of others, simply assume all this is explainable - even though no one can?
NOBODY REMEMBERS OBAMA AT COLUMBIA
Looking for evidence of Obama's past, Fox News contacted 400 Columbia University students from the period when Obama claims to have been there, but not one remembers him. For example,Wayne Allyn Root was (like Obama) a political science major at Columbia, who graduated in 1983. In 2008, Root says of Obama, "I don't know a single person at Columbia that knew him, and they all know me. I don't have a single classmate who ever knew Barack Obama at Columbia ... EVER!
Nobody recalls him.
Root adds that he was, "Class of '83 political science, pre-law" and says, "You don't get more exact or closer than that. Never met him in my life, don't know anyone who ever met him."
At our 20th class reunion five years ago, who was asked to be the speaker of the class? Me. No one ever heard of Barack! And five years ago, nobody even knew who he was. The guy who writes the class notes, who's kind of the, as we say in New York, 'the macha' who knows everybody, has yet to find a person, a human who ever met him."
Obama's photograph does not appear in the school's yearbook, and Obama
consistently declines requests to talk about his years at Columbia, provide school records, or provide the name of any former classmates or friends while at Columbia.
How can this be?
NOTE: Wayne Allyn Root can easily be verified. He graduated valedictorian from his high school, Thornton-Donovan School, then graduated from Columbia University in 1983 as a Political Science major in the same '83 class in which Barack Hussein Obama states he was.
Some other interesting questions.
Why was Obama's law license inactivated in 2002?
Why was Michelle's law license inactivated by court order?
According to the U.S. Census, there is only one Barack Obama - but 27 Social Security numbers and over 80 aliases.
WHAT!?
The Social Security number he uses now originated in Connecticut where he is never reported to have lived.
No wonder all his records are sealed!
Please continue sending this out to everyone. Somewhere, someone had to know him in school...before he "reorganized" Chicago and burst upon the scene at the 2004 Democratic Convention and made us swoon with his charm, poise, and speaking pizzazz.
One of the biggest CONS this country has ever seen, and getting away with it. Go watch the movie The Manchurian Candidate, with Lawrence Harvey! Good movie!
9 - 11 memorial
OFF THE WIRE
Brothers,
On this landmark tenth anniversary of the terrorist attacks at the World Trade Center we will pay tribute and honor to our fallen heroes. The ceremony will begin at 2:30 PM on Sunday,
September 11, 2011 on the flight deck of the USS Midway Museum, 910 North Harbor Drive, alongside Navy Pier. We have had some very recent additions to our previous memorial format, thanks to the US Navy, which will make this years memorial event unforgettable.
Services will include: The Presentation of the Colors by the US Marine Corp Honor Guard, the San Diego Emerald Society Pipes and Drums, the San Diego Fire Dept., Orange County Fire Dept., the US Border Patrol, the Irvine Police Dept., Singing of the Star Spangled Banner accompanied by the US Navy Band and and a four jet flyover in the Missing Man Formation, an eleven star wreath presentation by the Commander of US Navy Southwest, and Guest Speakers. This will then be followed by the reading of names, SDFD Helicopter Flyover, 21 Gun Salute, and Twin Taps.
Since this years’ anniversary memorial is so special the dinner reception, hosted by the FDNY Retirees of California, will be held on the flight deck of the USS Midway immediately following the memorial ceremony so stay and enjoy a wonderful reception, complete with entertainment, good friends, and hopefully a marvelous sunset. See the two attachments for additional information
Contacts: All those that wish to participate in the reading of names, or in any other capacity, please contact Jack Toale at (858) 451-2902 or by email at jtoale8@att.net, or Brennan Savage at (760) 634-3539 or email at savagebdl@yahoo.com, or Dan Noonan at (858) 414-3128 or email danstaylow@aol.com by August 30, 2011.
Jack Toale, President (Ret)
“NEVER FORGET
Brothers,
On this landmark tenth anniversary of the terrorist attacks at the World Trade Center we will pay tribute and honor to our fallen heroes. The ceremony will begin at 2:30 PM on Sunday,
September 11, 2011 on the flight deck of the USS Midway Museum, 910 North Harbor Drive, alongside Navy Pier. We have had some very recent additions to our previous memorial format, thanks to the US Navy, which will make this years memorial event unforgettable.
Services will include: The Presentation of the Colors by the US Marine Corp Honor Guard, the San Diego Emerald Society Pipes and Drums, the San Diego Fire Dept., Orange County Fire Dept., the US Border Patrol, the Irvine Police Dept., Singing of the Star Spangled Banner accompanied by the US Navy Band and and a four jet flyover in the Missing Man Formation, an eleven star wreath presentation by the Commander of US Navy Southwest, and Guest Speakers. This will then be followed by the reading of names, SDFD Helicopter Flyover, 21 Gun Salute, and Twin Taps.
Since this years’ anniversary memorial is so special the dinner reception, hosted by the FDNY Retirees of California, will be held on the flight deck of the USS Midway immediately following the memorial ceremony so stay and enjoy a wonderful reception, complete with entertainment, good friends, and hopefully a marvelous sunset. See the two attachments for additional information
Contacts: All those that wish to participate in the reading of names, or in any other capacity, please contact Jack Toale at (858) 451-2902 or by email at jtoale8@att.net, or Brennan Savage at (760) 634-3539 or email at savagebdl@yahoo.com, or Dan Noonan at (858) 414-3128 or email danstaylow@aol.com by August 30, 2011.
Jack Toale, President (Ret)
“NEVER FORGET
9th Amendment
OFF THE WIRE
It is a valid argument, and one that should be used; helmet statutes violate the 9th Amendment. There is, naturally, a right of an individual to make decisions for ones' self. This is especially true in regards to important decisions of individual safety. Natural rights such as these are so obvious that they should never have to be enumerated as a protected right.
Similarly, individuals have a natural right to freely travel anywhere within the country, so long as you are not trespassing or breaking other laws. Notice that I did not say a right to drive. Words are important. When you are pulled over by a cop, he will testify that you were driving. To be a driver implies the title of an occupation associated with commercial travel, and that the collective people have chosen to have commercial travel be regulated. You were not driving, you were traveling. Since you were traveling, and since there is a right to freely travel, any time you are detained or disallowed from freely exercising that right, it is a violation of your right to travel, which is a natural right. However, if your right to freely travel has been violated, there are numerous case precedences in which the courts have allowed police, just as there are exceptions which allow the police to justify violating your 4th Amendment rights - some of them are more disturbing than others. In some states, the license you apply for is to allow you to operate a motor vehicle. Again, to be an operator of a motor vehicle might imply a kind of skill-based occupation in the eyes of the state. You are a traveler, and are not conveying any goods to any market.
There are some travelers who are not drivers or operators who insist on their right to travel, without restraint, using prevailing contemporary mode of non-commercial travel, with refusal to be licensed, and refusal to register their vehicles with state government, but they typically get constantly harassed, locally, until they win many rounds in court. However, they are few and far between, and had to study the system thoroughly. For most people, being arrested and appearing in court on an almost daily basis for years is not a realistic option.
From the state governments' perspective, when you applied for a license or an endorsement on your license, you agreed to be subject to all regulations regarding the use of public roads, and are in breach of contract if you do not comply. The state owns that license and believes it has the right to check on it at any time to see if you are living up to your end of the contract.
The strawman arguments are worth looking into, and knowing about, because with the strawman arguments comes a new understanding of your relation with the society that regulates you, and this understanding can be very empowering, but practical application of strawman arguments, for most people, are not at all realistic. The strawman argument relies on testifying that in order to freely travel using contemporary conveyances which are prevalent, you obtained (or did not obtain) permission (license) from the state and that you were coerced into it by people armed with guns. It goes on and on to understanding Uniform Commercial Code and Admiralty law, and how traffic courts are a house of cards ready to crash in on itself. The problem is that if one were to get a thorough understanding of strawman and commercial code and how traffic courts work, in order to represent enough of a threat to undermining the entire traffic court system, all the court has to do is dismiss the case in order to have the problematic case disappear as though the arguments never surfaced. The same is true of people who argue against the tax system. If the courts are compelled to render a not guilty verdict, they also have it within their power to seal the case, thus preventing the spread of the knowledge for use in other cases.
jan
It is a valid argument, and one that should be used; helmet statutes violate the 9th Amendment. There is, naturally, a right of an individual to make decisions for ones' self. This is especially true in regards to important decisions of individual safety. Natural rights such as these are so obvious that they should never have to be enumerated as a protected right.
Similarly, individuals have a natural right to freely travel anywhere within the country, so long as you are not trespassing or breaking other laws. Notice that I did not say a right to drive. Words are important. When you are pulled over by a cop, he will testify that you were driving. To be a driver implies the title of an occupation associated with commercial travel, and that the collective people have chosen to have commercial travel be regulated. You were not driving, you were traveling. Since you were traveling, and since there is a right to freely travel, any time you are detained or disallowed from freely exercising that right, it is a violation of your right to travel, which is a natural right. However, if your right to freely travel has been violated, there are numerous case precedences in which the courts have allowed police, just as there are exceptions which allow the police to justify violating your 4th Amendment rights - some of them are more disturbing than others. In some states, the license you apply for is to allow you to operate a motor vehicle. Again, to be an operator of a motor vehicle might imply a kind of skill-based occupation in the eyes of the state. You are a traveler, and are not conveying any goods to any market.
There are some travelers who are not drivers or operators who insist on their right to travel, without restraint, using prevailing contemporary mode of non-commercial travel, with refusal to be licensed, and refusal to register their vehicles with state government, but they typically get constantly harassed, locally, until they win many rounds in court. However, they are few and far between, and had to study the system thoroughly. For most people, being arrested and appearing in court on an almost daily basis for years is not a realistic option.
From the state governments' perspective, when you applied for a license or an endorsement on your license, you agreed to be subject to all regulations regarding the use of public roads, and are in breach of contract if you do not comply. The state owns that license and believes it has the right to check on it at any time to see if you are living up to your end of the contract.
The strawman arguments are worth looking into, and knowing about, because with the strawman arguments comes a new understanding of your relation with the society that regulates you, and this understanding can be very empowering, but practical application of strawman arguments, for most people, are not at all realistic. The strawman argument relies on testifying that in order to freely travel using contemporary conveyances which are prevalent, you obtained (or did not obtain) permission (license) from the state and that you were coerced into it by people armed with guns. It goes on and on to understanding Uniform Commercial Code and Admiralty law, and how traffic courts are a house of cards ready to crash in on itself. The problem is that if one were to get a thorough understanding of strawman and commercial code and how traffic courts work, in order to represent enough of a threat to undermining the entire traffic court system, all the court has to do is dismiss the case in order to have the problematic case disappear as though the arguments never surfaced. The same is true of people who argue against the tax system. If the courts are compelled to render a not guilty verdict, they also have it within their power to seal the case, thus preventing the spread of the knowledge for use in other cases.
jan
Wednesday, June 29, 2011
The American Police State is the 'New Normal'
OFF THE WIRE
Jared Spurbeck
COMMENTARY | According to The New York Times, the FBI just raided a data center in Virginia and seized many of its servers, causing websites owned by "tens of clients" to go offline -- including those belonging to people who hadn't broken a law, and were not suspected of any crime.
It may seem silly to get upset about the police taking down websites you don't use. A certain quote may come to mind, though, as we look at other ways that the police in America abuse their power.
Tasering nonviolent people to death
A 72-year-old woman named Kathryn Winkfein got tasered not too long ago after she lost her temper at the cop who pulled her over. Her offense? Shouting at him.
Luckily, she "learned her lesson" about talking back to America's authority figures. She was also awarded $40,000 in damages, which her County Constable, Richard McCain, complained was a reward for "bad behavior." Apparently putting 50,000 volts through the heart of someone's great-grandma is not bad behavior, as long as you wear a police uniform.
Blue gang
BY: Jared SpurbeckJared Spurbeck
COMMENTARY | According to The New York Times, the FBI just raided a data center in Virginia and seized many of its servers, causing websites owned by "tens of clients" to go offline -- including those belonging to people who hadn't broken a law, and were not suspected of any crime.
It may seem silly to get upset about the police taking down websites you don't use. A certain quote may come to mind, though, as we look at other ways that the police in America abuse their power.
Tasering nonviolent people to death
A 72-year-old woman named Kathryn Winkfein got tasered not too long ago after she lost her temper at the cop who pulled her over. Her offense? Shouting at him.
Luckily, she "learned her lesson" about talking back to America's authority figures. She was also awarded $40,000 in damages, which her County Constable, Richard McCain, complained was a reward for "bad behavior." Apparently putting 50,000 volts through the heart of someone's great-grandma is not bad behavior, as long as you wear a police uniform.
LOCAL 6 E-MAIL BLAST !
OFF THE WIRE
ABATE LOCAL 6 “E-MAIL BLAST”
JULY 2011
NEWS AND DATES FOR MEMBERS
AND ASSOCIATES
SUNDAY JULY 3rd ABATE Local 6 Holds their regular monthly meeting in Kate Sessions Park in Pacific Beach, San Diego, at NOON. Plan your route to the meeting. Stay away from Route I-5 and the Del Mar Fair.
SUNDAY JULY 10TH ABATE LOCAL 11 (North County) holds their monthly meeting at the Oakvale Country Store at Lake Wholford , in Escondido
JULY 16 & 17 Rosarito Beach Harley Run-
Ok everyone... Ready to cross the border escorted by the Federales (Mexican Federal Police) all the way to Rosarito??? This is a great time to cross the border with a large group of people AND be escorted back to the Border the next day. Pre-registration cost $25.00 per person and the day of the event registration will be $30.00. Registration is at Sweetwater Harley-Davidson on July 16, from 9:30 to 11:00. Registration includes...private party with wristband, lunch plate, drink specials, wet t-shirt contest, tatoo contest, live MC, raffles and vendors. Also, 24 hour secured parking in front with wristbands. This is not only a fun ride ... it benefits the children of Rosarito!!
-------------------------------------
SUNDAY JULY 24
This ride benefits the Aseltine School, a special education school for severely emotionally disturbed and learning disabled "at-risk" youth. Registration will be at Sweetwater Harley-Davidson starting at 10:00 and then we will be off to the races at 12:00. Pre-registration is $30.00 and the day of the event the cost is $35.00. This includes a continental breakfast, gifts, parking at the racetrack and a day at the Del Mar Racetrack.
SEPTEMBER 16, 17, 18, ABATE GOLDEN STATE RENDEZVOUS.
Kernville, CA
ARE THERE ANY OTHER FUTURE EVENTS THAT ANYONE KNOWS OF ?
CONTACT JOHN AT MCBWAYCOOL@YAHOO.COM
ABATE LOCAL 6 “E-MAIL BLAST”
JULY 2011
NEWS AND DATES FOR MEMBERS
AND ASSOCIATES
SUNDAY JULY 3rd ABATE Local 6 Holds their regular monthly meeting in Kate Sessions Park in Pacific Beach, San Diego, at NOON. Plan your route to the meeting. Stay away from Route I-5 and the Del Mar Fair.
SUNDAY JULY 10TH ABATE LOCAL 11 (North County) holds their monthly meeting at the Oakvale Country Store at Lake Wholford , in Escondido
JULY 16 & 17 Rosarito Beach Harley Run-
Ok everyone... Ready to cross the border escorted by the Federales (Mexican Federal Police) all the way to Rosarito??? This is a great time to cross the border with a large group of people AND be escorted back to the Border the next day. Pre-registration cost $25.00 per person and the day of the event registration will be $30.00. Registration is at Sweetwater Harley-Davidson on July 16, from 9:30 to 11:00. Registration includes...private party with wristband, lunch plate, drink specials, wet t-shirt contest, tatoo contest, live MC, raffles and vendors. Also, 24 hour secured parking in front with wristbands. This is not only a fun ride ... it benefits the children of Rosarito!!
-------------------------------------
SUNDAY JULY 24
This ride benefits the Aseltine School, a special education school for severely emotionally disturbed and learning disabled "at-risk" youth. Registration will be at Sweetwater Harley-Davidson starting at 10:00 and then we will be off to the races at 12:00. Pre-registration is $30.00 and the day of the event the cost is $35.00. This includes a continental breakfast, gifts, parking at the racetrack and a day at the Del Mar Racetrack.
SEPTEMBER 16, 17, 18, ABATE GOLDEN STATE RENDEZVOUS.
Kernville, CA
ARE THERE ANY OTHER FUTURE EVENTS THAT ANYONE KNOWS OF ?
CONTACT JOHN AT MCBWAYCOOL@YAHOO.COM
Louisiana Supreme Court Allows Vehicle Searches on a Hunch
OFF THE WIRE
thenewspaper.com
Louisiana Supreme Court Allows Vehicle Searches on a HunchTalking on a cell phone, and entering and exiting another car is sufficient justification for a warrantless search in Louisiana.
The Louisiana Supreme Court on Friday gave a green light to police officers looking to search automobiles without a warrant. The court ruled on an interim appeal in the ongoing trial of Derrick R. Kirton, 30, and Crystal N. Strate, 27, who were charged on February 23 with distribution and possession of heroin, respectively. A judge in the Orleans Parish Criminal District Court had ruled that the police search of Kirton's vehicle was unlawful because it was not based on probable cause. The prosecution appealed.
Louisiana law allows for rulings on individual motions to be appealed without waiting for the end of the trial, and the state succeeded in convincing the high court to overturn the motion to suppress the evidence from the vehicle search. New Orleans Police Detective Roccoforte had seen Strate in parking lot of a fast food store using her cell phone and "looking about anxiously." Strate drove a short distance to pull up to Kirton's parked vehicle, remained in it for less than a minute, then returned to her car and drove away. Roccoforte followed and approached Strate after she had parked her car. He noted "furtive movement" of Strate's right hand and decided to perform a warrantless search of her car. The supreme court found this acceptable.
"We simply observe that based on the totality of facts and circumstances known to Detective Roccoforte and his experience in the field of narcotics investigations, there was at least objectively reasonable suspicion of criminal activity when the approach to the car was made," the court wrote in a footnote. The full decision added: "In determining whether reasonable suspicion exists to conduct an investigatory stop, courts must take into account the totality of the circumstances in a process that allows police to draw upon their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that might elude an untrained person."
Justice Bernette J. Johnson dissented, arguing the investigatory stop was not based on any reasonable notion that a crime was being committed. She cited a US Department of Justice report that slammed the New Orleans Police Department for its pattern of conducting illegal stops and searches without reasonable suspicion. Johnson's citation suggested she believed this to be an example of the very conduct DOJ seeks to eliminate.
"The defendant did not present any behavior suspicious of criminal activity to warrant an investigative stop under Terry v. Ohio," Johnson wrote. "The threshold issue to be determined in the instant case is whether the officer who conducted the investigatory stop had reasonable suspicion of criminal activity... These facts, even in light of the officer's ten years experience as a narcotics officer, and his claim that the area was known for drug activity, do not provide minimal objective and particularized justification for approaching the defendant in her parked vehicle, and conducting what amounted to an investigatory stop."
Kirton and Strate's trial is scheduled to continue on July 14.
A copy of the decision is available in a 200k PDF file at the source link below.
Source:
Louisiana v. Kirton (Supreme Court of Louisiana, 6/24/2011)
thenewspaper.com
Louisiana Supreme Court Allows Vehicle Searches on a HunchTalking on a cell phone, and entering and exiting another car is sufficient justification for a warrantless search in Louisiana.
The Louisiana Supreme Court on Friday gave a green light to police officers looking to search automobiles without a warrant. The court ruled on an interim appeal in the ongoing trial of Derrick R. Kirton, 30, and Crystal N. Strate, 27, who were charged on February 23 with distribution and possession of heroin, respectively. A judge in the Orleans Parish Criminal District Court had ruled that the police search of Kirton's vehicle was unlawful because it was not based on probable cause. The prosecution appealed.Louisiana law allows for rulings on individual motions to be appealed without waiting for the end of the trial, and the state succeeded in convincing the high court to overturn the motion to suppress the evidence from the vehicle search. New Orleans Police Detective Roccoforte had seen Strate in parking lot of a fast food store using her cell phone and "looking about anxiously." Strate drove a short distance to pull up to Kirton's parked vehicle, remained in it for less than a minute, then returned to her car and drove away. Roccoforte followed and approached Strate after she had parked her car. He noted "furtive movement" of Strate's right hand and decided to perform a warrantless search of her car. The supreme court found this acceptable.
"We simply observe that based on the totality of facts and circumstances known to Detective Roccoforte and his experience in the field of narcotics investigations, there was at least objectively reasonable suspicion of criminal activity when the approach to the car was made," the court wrote in a footnote. The full decision added: "In determining whether reasonable suspicion exists to conduct an investigatory stop, courts must take into account the totality of the circumstances in a process that allows police to draw upon their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that might elude an untrained person."
Justice Bernette J. Johnson dissented, arguing the investigatory stop was not based on any reasonable notion that a crime was being committed. She cited a US Department of Justice report that slammed the New Orleans Police Department for its pattern of conducting illegal stops and searches without reasonable suspicion. Johnson's citation suggested she believed this to be an example of the very conduct DOJ seeks to eliminate.
"The defendant did not present any behavior suspicious of criminal activity to warrant an investigative stop under Terry v. Ohio," Johnson wrote. "The threshold issue to be determined in the instant case is whether the officer who conducted the investigatory stop had reasonable suspicion of criminal activity... These facts, even in light of the officer's ten years experience as a narcotics officer, and his claim that the area was known for drug activity, do not provide minimal objective and particularized justification for approaching the defendant in her parked vehicle, and conducting what amounted to an investigatory stop."
Kirton and Strate's trial is scheduled to continue on July 14.
A copy of the decision is available in a 200k PDF file at the source link below.
Source:
Louisiana v. Kirton (Supreme Court of Louisiana, 6/24/2011)
NEW NHSTA- Report
The chart on pages 18 and 19 might be interesting to somebody. It has history of helmet laws by state; repealed - reinstated - repealed
Check out pages 7, 18 & 19 !!!!
http://www-nrd.nhtsa.dot.gov/Pubs/811399.pdf
Check out pages 7, 18 & 19 !!!!
http://www-nrd.nhtsa.dot.gov/Pubs/811399.pdf
Australia's High Court overturns law banning certain motorcycle gangs
OFF THE WIRE
http://www.bbc.co.uk/news/world-asia-pacific-13903077
Australia's High Court overturns law banning certain motorcycle gangs
Help Australia's High Court has overturned a law designed to criminalise certain motorcycle gangs in the state of New South Wales.
The law would have allowed police to seek court orders stopping gang members from associating with each other.
However, a member of the Hell's Angels, Derek Wainohu, challenged the law on the grounds that it curtailed individual liberties.
Wayne Baffsky is the lawyer who represented Wainohu in court. He told BBC Radio 5 live: "Many people don't believe that we need any further laws.
"For many years bikers have been demonised," Baffsky explained to Dotun Adebayo on Up All Night.
"The media portrayal is considerably worse than the truth... They're not all criminals."
http://www.bbc.co.uk/news/world-asia-pacific-13903077
Australia's High Court overturns law banning certain motorcycle gangs
Help Australia's High Court has overturned a law designed to criminalise certain motorcycle gangs in the state of New South Wales.
The law would have allowed police to seek court orders stopping gang members from associating with each other.
However, a member of the Hell's Angels, Derek Wainohu, challenged the law on the grounds that it curtailed individual liberties.
Wayne Baffsky is the lawyer who represented Wainohu in court. He told BBC Radio 5 live: "Many people don't believe that we need any further laws.
"For many years bikers have been demonised," Baffsky explained to Dotun Adebayo on Up All Night.
"The media portrayal is considerably worse than the truth... They're not all criminals."
PENNSYLVANIA: Motorcycle exhaust noise presents issues
OFF THE WIRE
http://www.timesleader.com/TheDallasPost/news/Motorcycle_exhaust_noise_presents_issues_06-26-2011.html
Motorcycle exhaust noise presents issues By EILEEN GODIN Dallas Post Correspondent
In an effort to curb loud noise from altered exhaust systems on motorcycles, random safety checks may pop up around Harveys Lake throughout the summer.
Borough attorney Charles McCormick said he is not a big fan of noise ordinances because of the pressure it puts on the local police force. However, random safety checks may be the solution to limit the amount of excessively loud motorcycles, he said.
This comes after a problem of loud rumblings of motorcycles was brought to the council’s attention last month by resident Rob Weaver.
Weaver, who said he is not against motorcycles in general, does not like the extremely loud noise generated when the bikes’ exhaust systems are altered. Upon research, Weaver learned that some motorcycle owners purchase kits to boost the decibel levels of their motorcycle. These kits make the familiar deep low rumble of the motorcycle a loud disruptive roar.
In his research, Weaver learned that Harley Davison, a motorcycle manufacturer, has a warning not to alter its bikes’ exhaust systems due to inspection purposes.
He also presented council members with a noise ordinance from the Lancaster area, hoping to get a hybrid of the ordinance implemented in the borough.
McCormick said he had looked over the ordinance, stating it was very broad, “covering everything from construction noise to motorboats.”
Council member Boyd Barber commented on one very loud motorboat on the lake this spring. Weaver said this ordinance could prohibit that but McCormick responded by saying the borough does not have any jurisdiction on the lake waters.
“I am not adverse to doing something on the motorcycles,” McCormick said. “This ordinance is very broad and could have other implications.”
Police Chief Charles Musial said the safety checks could make a difference. During spot safety checks, police would look for exhaust systems that may not have passed state vehicle inspections and motorcycles not displaying current registration stickers.
“Lets try this first,” Musial said.
In other news …
• An amendment was made to the zoning ordinance, allowing for the residential use of townhouses in a commercial district. When the zoning ordinance was updated about two years ago, this was mistakenly omitted.
• Council members accepted the resignation of Kevin Novackowski from the General Municipal Authority Board. Novackowski moved outside of the borough and could no longer serve, reported secretary Susan Sutton. He has three years remaining on his term.
Mayor Clarence Hogan, who was not in attendance, was nominated and appointed to the position by a vote of 6-1. Council member Diane Dwyer voted against the appointment, saying she would rather see the position opened to the public first.
http://www.timesleader.com/TheDallasPost/news/Motorcycle_exhaust_noise_presents_issues_06-26-2011.html
Motorcycle exhaust noise presents issues By EILEEN GODIN Dallas Post Correspondent
In an effort to curb loud noise from altered exhaust systems on motorcycles, random safety checks may pop up around Harveys Lake throughout the summer.
Borough attorney Charles McCormick said he is not a big fan of noise ordinances because of the pressure it puts on the local police force. However, random safety checks may be the solution to limit the amount of excessively loud motorcycles, he said.
This comes after a problem of loud rumblings of motorcycles was brought to the council’s attention last month by resident Rob Weaver.
Weaver, who said he is not against motorcycles in general, does not like the extremely loud noise generated when the bikes’ exhaust systems are altered. Upon research, Weaver learned that some motorcycle owners purchase kits to boost the decibel levels of their motorcycle. These kits make the familiar deep low rumble of the motorcycle a loud disruptive roar.
In his research, Weaver learned that Harley Davison, a motorcycle manufacturer, has a warning not to alter its bikes’ exhaust systems due to inspection purposes.
He also presented council members with a noise ordinance from the Lancaster area, hoping to get a hybrid of the ordinance implemented in the borough.
McCormick said he had looked over the ordinance, stating it was very broad, “covering everything from construction noise to motorboats.”
Council member Boyd Barber commented on one very loud motorboat on the lake this spring. Weaver said this ordinance could prohibit that but McCormick responded by saying the borough does not have any jurisdiction on the lake waters.
“I am not adverse to doing something on the motorcycles,” McCormick said. “This ordinance is very broad and could have other implications.”
Police Chief Charles Musial said the safety checks could make a difference. During spot safety checks, police would look for exhaust systems that may not have passed state vehicle inspections and motorcycles not displaying current registration stickers.
“Lets try this first,” Musial said.
In other news …
• An amendment was made to the zoning ordinance, allowing for the residential use of townhouses in a commercial district. When the zoning ordinance was updated about two years ago, this was mistakenly omitted.
• Council members accepted the resignation of Kevin Novackowski from the General Municipal Authority Board. Novackowski moved outside of the borough and could no longer serve, reported secretary Susan Sutton. He has three years remaining on his term.
Mayor Clarence Hogan, who was not in attendance, was nominated and appointed to the position by a vote of 6-1. Council member Diane Dwyer voted against the appointment, saying she would rather see the position opened to the public first.
NEW YORK - Police Launch Towing Blitz of Motorcycles Parked on Sidewalks
OFF THE WIRE
http://www.dnainfo.com/20110624/midtown/police-launch-towing-blitz-of-motorcycles-parked-on-sidewalks
Police Launch Towing Blitz of Motorcycles Parked on Sidewalks
Cops in the Midtown North precinct towed seven motorbikes during a single operation last week. StorySlideshowComments By Jill Colvin
DNAinfo Reporter/Producer
MIDTOWN — Police are cracking down on motorcycles that are illegally parked on Midtown sidewalks, following growing residents' complaints.
Cops in the Midtown North precinct towed seven motorbikes, including two scooters, for illegal parking in a single operation on June 14, Commanding Officer Timothy Beaudette told residents at a community council meeting this week.
Police plan to continue the crackdown with several sweeps a month "to try to spread the message," he said.
Police went on an operation last week to tow motorcycles parked on the sidewalk. (Courtesy of John Cleary)Residents in the precinct had complained that motor scooters and motorcycles were parking on sidewalks instead of streets and said many appeared to be operating without plates, making them hard to ticket.
"They're running rampant," said Bob Minor, who's lived in the neighborhood for 35 years.
Minor said he'd snapped photos of 25 motorcycles that didn't have plates or were improperly parked during a recent walk around the neighborhood.
"It's the wild west out here," he said.
John Cleary — who was almost caught in the towing blitz but arrived in time to save his bike — slammed the crackdown as unfair.
"There is nowhere to park motorcycles where I live," said Cleary, 50, who has been stowing his bike on the sidewalk in front of a post office parking lot on West 51st Street near Eighth Avenue for years.
"For all the years I've parked there, it's never been a problem," he said. "I bother no one."
But Beaudette defended the crackdown, saying that even if police had been lax before, parking on the sidewalk is against the law.
"I appreciate what you're saying," he said in response to Cleary, "but we get complaints [and] we have to take action."
http://www.dnainfo.com/20110624/midtown/police-launch-towing-blitz-of-motorcycles-parked-on-sidewalks
Police Launch Towing Blitz of Motorcycles Parked on Sidewalks
Cops in the Midtown North precinct towed seven motorbikes during a single operation last week. StorySlideshowComments By Jill Colvin
DNAinfo Reporter/Producer
MIDTOWN — Police are cracking down on motorcycles that are illegally parked on Midtown sidewalks, following growing residents' complaints.
Cops in the Midtown North precinct towed seven motorbikes, including two scooters, for illegal parking in a single operation on June 14, Commanding Officer Timothy Beaudette told residents at a community council meeting this week.
Police plan to continue the crackdown with several sweeps a month "to try to spread the message," he said.
Police went on an operation last week to tow motorcycles parked on the sidewalk. (Courtesy of John Cleary)Residents in the precinct had complained that motor scooters and motorcycles were parking on sidewalks instead of streets and said many appeared to be operating without plates, making them hard to ticket.
"They're running rampant," said Bob Minor, who's lived in the neighborhood for 35 years.
Minor said he'd snapped photos of 25 motorcycles that didn't have plates or were improperly parked during a recent walk around the neighborhood.
"It's the wild west out here," he said.
John Cleary — who was almost caught in the towing blitz but arrived in time to save his bike — slammed the crackdown as unfair.
"There is nowhere to park motorcycles where I live," said Cleary, 50, who has been stowing his bike on the sidewalk in front of a post office parking lot on West 51st Street near Eighth Avenue for years.
"For all the years I've parked there, it's never been a problem," he said. "I bother no one."
But Beaudette defended the crackdown, saying that even if police had been lax before, parking on the sidewalk is against the law.
"I appreciate what you're saying," he said in response to Cleary, "but we get complaints [and] we have to take action."
Monthly Business Meeting
OFF THE WIRE
ABATE LOCAL 6 MONTHLY BUSINESS MEETING
The ABATE Local 6 Business Meeting happens before The Local 6 Monthly Meeting..
This month's business meeting will be on
FRIDAY JULY 1st, 2011 at 6:30 PM at :
DENNY’S RESTAURANT
5445 KEARNY VILLA ROAD.
TAKE ROUTE 163…..EXIT AT CLAIREMONT MESA BLVD EAST.
MAKE AN IMMEDIATE LEFT ONTO KEARNY VILLA ROAD, DENNY’S
IS IMMEDIATELY ON YOUR RIGHT SIDE.
At the meeting, we discuss the matters that will be covered at Sunday's meeting.
WHILE LOCAL OFFICERS ARE ENCOURAGED TO ATTEND, This is NOT just an officers meeting.....any member is welcome to attend.
Questions ??? contact John at mcbwaycool@yahoo.com .
ABATE LOCAL 6 MONTHLY BUSINESS MEETING
The ABATE Local 6 Business Meeting happens before The Local 6 Monthly Meeting..
This month's business meeting will be on
FRIDAY JULY 1st, 2011 at 6:30 PM at :
DENNY’S RESTAURANT
5445 KEARNY VILLA ROAD.
TAKE ROUTE 163…..EXIT AT CLAIREMONT MESA BLVD EAST.
MAKE AN IMMEDIATE LEFT ONTO KEARNY VILLA ROAD, DENNY’S
IS IMMEDIATELY ON YOUR RIGHT SIDE.
At the meeting, we discuss the matters that will be covered at Sunday's meeting.
WHILE LOCAL OFFICERS ARE ENCOURAGED TO ATTEND, This is NOT just an officers meeting.....any member is welcome to attend.
Questions ??? contact John at mcbwaycool@yahoo.com .
CALIFORNIA: The following is a letter from Ray Henke to CA legislature and AG requesting information as to how CA will handle NHTSA's impending helmet law changes! Hoping individuals in other states will take heed and do the same!
OFF THE WIRE
Hi folks,
> Now, "the day after," ..... has become my
> evening ritual, I wrote the following letter to the AG's office,
> asking for an opinion letter whether it will be their position that
> the California helmet law incorporates the new labeling changes to
> render illegal all helmets without the new labeling. I suggest that
> the request for an opinion letter is "timely" because riders should
> know well in advance of the effective date whether the helmets they
> buy between now and May 12, 2013 will be legal on May 13.
> Certainly, this is the intent of the labeling change, to provide a
> new label that the feds think will permit law enforcement to
> effectively outlaw novelty helmets. As Jan pointed out, we must always
> keep in mind our objective, to wit, to ride free, not merely to choose
> the helmets we want or hold on to previously purchased helmets. So it
> really doesn't matter which way the AG rules, I figure one way or the
> other it is fucked, and my goal was actually to suggest to the AG that
> perhaps now is the time to throw up its hands, stop prosecuting helmet
> tickets, and just tell the legislature that the law, incorporating
> FMVSS 218, is not enforceable. Sending the problem back to the
> legislature is code for recognizing that the law as enacted is
> unenforceable. I make the arguments suggested in my previous post, and
> then remind the AG of the due process issues that have put it in an
> awkward position these past 15 years, post Bianco and Easyriders. In
> the later regard, perhaps the best and most pointed argument as
> addressed to the AG was one suggested by Mark some time ago that the
> prosecutors have engaged in ethical violations in taking these helmet
> tickets to trial post Bianco and the Easyriders with knowledge that
> they didn't have the evidence of the crime, to wit, evidence that the
> testifying officer had probable cause to believe that the helmet model
> had been determined noncompliant by NHTSA and that the rider had
> knowledge of the determination of noncompliance. Indeed, I think that
> for the AG's office this law has been a headache from the outset and
> the AG should consider itself among those who should be most
> concerned, given its complicity in 15 years of ethical violations, and
> perhaps ready now, as it should have been after Bianco and Easyriders,
> to throw in the towel, rather than up the ante by interpreting the new
> modifications to FMVSS 218 to apply retroactively to bikers who
> purchased their helmets with old DOT labels prior to May 13, 2013. Of
> course, if the AG replies that the new labeling rules will not apply
> to the consumer, then that's fine too as it defeats DOT's purpose in
> changing the labeling requirements. I say that it is stuck between
> "Iraq and a hard place" no matter how it rules, because applying the
> changes retroactively to the consumer will only open up new political
> and legal challenges. Please don't be misled by my suggestion that
> they throw it back to the legislature; all that means is that they
> make a determination that they can't enforce the law as written to
> incorporate FMVSS 218. If the AG seizes this opportunity to reconsider
> its commitment to enforcing the helmet law, for all the due process
> and new interpretive problems, the economic, or the potential ethical
> problems, I think the legislature will have a difficult problem
> writing a helmet law that conforms to due process, and as some have
> argued given the preemption issue in setting a standard different from
> FMVSS 218.
> I don't know what will happen with this. Certainly it is not
> something that I would expect a quick response in terms of an opinion
> letter. But hopefully, along with inquiries or position statements
> from others, the arguments will cause the AG's office to face the
> issues with regard to retroactive application, and perhaps lead them
> to consider the due process problems with the California helmet law
> and its enforcement, perhaps providing them the opportunity now to
> retreat gracefully.
> Ray
> Dear Sirs/Madame's,
>
> The California helmet law incorporates FMVSS 218. The Department of
> Transportation has changed FMVSS 218 to require new helmet labeling
> for new helmets. Retailers are given the opportunity to sell off their
> old stock of helmets with the old labels through May 12, 2013 at
> midnight.
>
> The problem that I see arising is that if the labeling change is to be
> deemed incorporated as a part of our California helmet statute it
> could render illegal all helmets on the street with the old labels,
> indeed, all helmets with the old labels legally sold through May 12,
> 2013.
>
> My question is: Will it be the position of the Attorney General that
> when the change in FMVSS 218 comes into effect on May 13, 2013 that
> law enforcement will be charged with ticketing motorcyclists for any
> helmet, including those purchased on May 12, that does not comply with
> the new labeling requirements?
>
> I would urge that this is a timely question, for one, because our
> California motorcyclist consumers should be able to determine in
> advance whether to spend hundreds of dollars on helmets that might
> become illegal in California on the effective date of the FMVSS 218
> change. Second, obviously, there will be a huge economic consequence
> for these consumers if they are required to throw away good helmets
> just because they fail to have the new label. Third, this will cause
> an enormous state impact because the CHP will have the obligation to
> enforce the law if it is interpreted to outlaw 90 percent of the
> helmets used by California motorcyclists.
>
> Indeed, if the retailers are allowed to sell helmets with the old
> labels right up until midnight May 12, 2013, can the state ticket
> these riders the next day for noncompliance? If this is the state's
> position, then does the state have the obligation to inform the
> potential consumers between now and May 12, 2013 that the helmets
> being sold by retailers until that date will be illegal on May 13?
>
> FMVSS 218 is a standard the governs the manufacturers
> responsibilities, and I think the problem that can't be avoided is
> that the California statute incorporates Section 218, and therefore is
> subject to interpretation whether it renders illegal all existing
> helmets every time that FMVSS 218 is changed. Furthermore, it is
> likely that this will come up periodically, and if the conclusion is
> that riders must wear helmets compliant with FMVSS 218, the riders
> might have to buy new helmets periodically to be assured that they may
> ride without threat of being ticketed. For example, the science may
> outstrip the old impact attenuation requirements for helmets and DOT
> may conclude it appropriate to amend FMVSS 218 to require
> manufacturers to comply with more strict attenuation standards, again
> a change in FMVSS 218 that would render previously sold helmets
> noncompliant.
>
> I would suggest that the problem lies in the California helmet law
> which incorporates FMVSS 218, and I would suggest that the law itself
> is defective in this respect. The state of California has had problems
> with this statute ever since it was enacted. FMVSS 218 in its
> substances is merely a description of impact standards that helmet
> manufacturers must comply with in order to affix the DOT label. It had
> serious due process problems from the outset, as recognized by the
> appellate courts, where it was held "absurd" that the ordinary
> consumer or law enforcement officer should be able to tell from the
> fabrication of the helmet whether it complies with FMVSS 218. Indeed,
> the California helmet law, as it has been interpreted by the
> California courts does not bear any resemblance to FMVSS 218,
> specifically because to apply FMVSS 218 literally would violate due
> process. This decision in Bianco was then followed by the Easyriders
> v. Hannigan decision which issued an injunction against CHP
> enforcement of the California helmet law unless the officer has
> probable cause to believe the helmet model has been determined by
> NHTSA to be noncompliant AND the officer has probable cause to believe
> that the rider had prior knowledge that the helmet model had been
> determined noncompliant.
>
> The truth is that because of the due process challenges, accepted both
> by the California and federal appellate courts, FMVSS 218 has been
> essentially written out of the law for all practical purposes. And
> this is why I would suggest that the original problem with the
> California helmet law is its incorporation of FMVSS 218. Indeed, my
> observation is that the CHP makes no attempt to comply with the Bianco
> decision or the Easyriders injunction, rather it has just continued
> the arbitrary enforcement of the law, one of the faults in the
> California law that required its reinterpretation to comport with due
> process.
>
> These due process problems will not be solved now by requiring the
> consumer to comply with the periodic shifting content of FMVSS 218.
> Rather, this would only add to the uncertainty about what is required
> by the law, perhaps most obviously brought into focus in terms of the
> retailer who legally sells and the rider who purchases a helmet with
> the old DOT label on May 12, 2013.
>
> There are a host of other problems with the California helmet law,
> although in my opinion the due process issues are the most difficult
> to overcome. Indeed, I would suggest that the due process problems
> with any helmet law that incorporates FMVSS 218 are insurmountable.
>
> The answer that I would like to have you address is whether the AG
> will interpret the California helmet law to incorporate the new
> labeling changes in FMVSS 218. I think that all California riders
> should be able to know where they stand well in advance of 2013,
> indeed we should know now, as we are making decisions to buy very
> expensive helmets every day, and we will be relying on the
> representations of the retailers that the helmets being sold are
> "legal," when in truth, if it be the case, they will be legal only
> through 2013.
>
> Secondly, while I am not asking for an opinion on this, rather just
> making a suggestion, perhaps the AG should consider consulting the
> legislature with the observation that the helmet law cannot be
> enforced as written to incorporate FMVSS 218. Bianco and Easyriders,
> supra. And that the new changes in FMVSS 218 will render a substantial
> hardship on the consumer and law enforcement as nearly all helmets
> used by motorcyclists on our California streets will be rendered
> noncompliant as of May 13.
>
> I empathize that this has been a headache for the AG's office ever
> since the enactment of the California helmet law. But the problem was
> created by the legislation, and specifically its incorporation of
> FMVSS 218. The legislature did not consider the due process issues
> that the state and federal courts have found persuasive as requiring
> essentially that FMVSS 218 be written out of the law. From my humble
> perspective, this law has been a burden also upon law enforcement
> officers throughout the state of California as they find themselves in
> court citing the California helmet law incorporating FMVSS 218 without
> any training or ability to defend their citations.
>
> Indeed, the problem is more serious, in that the CHP has never
> attempted to conform to the appellate reinterpretation of the helmet
> law in Bianco, nor has it made any effort to comply with the federal
> injunction in Easyriders. Indeed, in a trial in Santa Clara, entitled
> Quigley et al. vs. CHP, Sargent Valdez, called by the AG as the person
> at CHP most knowledgeable about the helmet law, stated in his
> testimony that he was unaware of Bianco or Easyriders and that the CHP
> officers could tell from the fabrication of a helmet whether it
> complied with FMVSS 218, directly contrary to Bianco and Easyriders.
> Indeed, he also testified that there is no law in California that
> requires riders to maintain the DOT labels on their helmets and that
> riders can take them off or paint over them, which has always been the
> case. The Bianco decision merely created the presumption of compliance
> from the attachment of a DOT label.
>
> Finally, for the AG's office and for the prosecutors who have
> prosecuted these helmet ticket trials, I think that these
> prosecutorial offices and the individual prosecutors should have very
> serious ethical concerns about how these tickets have been prosecuted
> heretofore. I say this because it has always been my understanding
> that it is an ethical requirement that the prosecutors conform to the
> law and not bring cases that are ill founded under existing law. I
> would indeed posit that there have been no prosecutions under the
> California law in the last 15 years, either by the AG or local
> prosecutors, that have faithfully applied the law as reinterpreted by
> Bianco and Easyriders. That would require the prosecutors to put on
> evidence that prior to the arrest the officer had probable cause to
> believe that the helmet model had been determined noncompliant by
> NHTSA and that the rider knew that the helmet had been determined
> noncompliant.
>
> I believe that the AG's office and the local prosecutors recognize
> that they don't have that essential foundation for the prosecutions,
> and yet they proceed to prosecute the cases nevertheless.
>
> Even as the law currently exists it is clear that the CHP and police
> are put in the untenable position of applying the law illegally and
> the prosecutors have been required to serve unethically. This is a
> failed system, it uniformly violates due process given the inherent
> ambiguities in the law, and the fact is that the law cannot be
> enforced either by the police or prosecutors except arbitrarily and
> illegally.
>
> What I would hope to do, therefore, in addition to asking my question,
> is to suggest to you that this may be an opportune time for your
> office to tell the legislature that the law is unworkable rather than
> dig in deeper with all of the collateral negative economic effect that
> implementing this new change to FMVSS 218 will have.
>
> Thank you very much for your consideration in the above regard.
>
> Ray Henke
Hi folks,
> Now, "the day after," ..... has become my
> evening ritual, I wrote the following letter to the AG's office,
> asking for an opinion letter whether it will be their position that
> the California helmet law incorporates the new labeling changes to
> render illegal all helmets without the new labeling. I suggest that
> the request for an opinion letter is "timely" because riders should
> know well in advance of the effective date whether the helmets they
> buy between now and May 12, 2013 will be legal on May 13.
> Certainly, this is the intent of the labeling change, to provide a
> new label that the feds think will permit law enforcement to
> effectively outlaw novelty helmets. As Jan pointed out, we must always
> keep in mind our objective, to wit, to ride free, not merely to choose
> the helmets we want or hold on to previously purchased helmets. So it
> really doesn't matter which way the AG rules, I figure one way or the
> other it is fucked, and my goal was actually to suggest to the AG that
> perhaps now is the time to throw up its hands, stop prosecuting helmet
> tickets, and just tell the legislature that the law, incorporating
> FMVSS 218, is not enforceable. Sending the problem back to the
> legislature is code for recognizing that the law as enacted is
> unenforceable. I make the arguments suggested in my previous post, and
> then remind the AG of the due process issues that have put it in an
> awkward position these past 15 years, post Bianco and Easyriders. In
> the later regard, perhaps the best and most pointed argument as
> addressed to the AG was one suggested by Mark some time ago that the
> prosecutors have engaged in ethical violations in taking these helmet
> tickets to trial post Bianco and the Easyriders with knowledge that
> they didn't have the evidence of the crime, to wit, evidence that the
> testifying officer had probable cause to believe that the helmet model
> had been determined noncompliant by NHTSA and that the rider had
> knowledge of the determination of noncompliance. Indeed, I think that
> for the AG's office this law has been a headache from the outset and
> the AG should consider itself among those who should be most
> concerned, given its complicity in 15 years of ethical violations, and
> perhaps ready now, as it should have been after Bianco and Easyriders,
> to throw in the towel, rather than up the ante by interpreting the new
> modifications to FMVSS 218 to apply retroactively to bikers who
> purchased their helmets with old DOT labels prior to May 13, 2013. Of
> course, if the AG replies that the new labeling rules will not apply
> to the consumer, then that's fine too as it defeats DOT's purpose in
> changing the labeling requirements. I say that it is stuck between
> "Iraq and a hard place" no matter how it rules, because applying the
> changes retroactively to the consumer will only open up new political
> and legal challenges. Please don't be misled by my suggestion that
> they throw it back to the legislature; all that means is that they
> make a determination that they can't enforce the law as written to
> incorporate FMVSS 218. If the AG seizes this opportunity to reconsider
> its commitment to enforcing the helmet law, for all the due process
> and new interpretive problems, the economic, or the potential ethical
> problems, I think the legislature will have a difficult problem
> writing a helmet law that conforms to due process, and as some have
> argued given the preemption issue in setting a standard different from
> FMVSS 218.
> I don't know what will happen with this. Certainly it is not
> something that I would expect a quick response in terms of an opinion
> letter. But hopefully, along with inquiries or position statements
> from others, the arguments will cause the AG's office to face the
> issues with regard to retroactive application, and perhaps lead them
> to consider the due process problems with the California helmet law
> and its enforcement, perhaps providing them the opportunity now to
> retreat gracefully.
> Ray
> Dear Sirs/Madame's,
>
> The California helmet law incorporates FMVSS 218. The Department of
> Transportation has changed FMVSS 218 to require new helmet labeling
> for new helmets. Retailers are given the opportunity to sell off their
> old stock of helmets with the old labels through May 12, 2013 at
> midnight.
>
> The problem that I see arising is that if the labeling change is to be
> deemed incorporated as a part of our California helmet statute it
> could render illegal all helmets on the street with the old labels,
> indeed, all helmets with the old labels legally sold through May 12,
> 2013.
>
> My question is: Will it be the position of the Attorney General that
> when the change in FMVSS 218 comes into effect on May 13, 2013 that
> law enforcement will be charged with ticketing motorcyclists for any
> helmet, including those purchased on May 12, that does not comply with
> the new labeling requirements?
>
> I would urge that this is a timely question, for one, because our
> California motorcyclist consumers should be able to determine in
> advance whether to spend hundreds of dollars on helmets that might
> become illegal in California on the effective date of the FMVSS 218
> change. Second, obviously, there will be a huge economic consequence
> for these consumers if they are required to throw away good helmets
> just because they fail to have the new label. Third, this will cause
> an enormous state impact because the CHP will have the obligation to
> enforce the law if it is interpreted to outlaw 90 percent of the
> helmets used by California motorcyclists.
>
> Indeed, if the retailers are allowed to sell helmets with the old
> labels right up until midnight May 12, 2013, can the state ticket
> these riders the next day for noncompliance? If this is the state's
> position, then does the state have the obligation to inform the
> potential consumers between now and May 12, 2013 that the helmets
> being sold by retailers until that date will be illegal on May 13?
>
> FMVSS 218 is a standard the governs the manufacturers
> responsibilities, and I think the problem that can't be avoided is
> that the California statute incorporates Section 218, and therefore is
> subject to interpretation whether it renders illegal all existing
> helmets every time that FMVSS 218 is changed. Furthermore, it is
> likely that this will come up periodically, and if the conclusion is
> that riders must wear helmets compliant with FMVSS 218, the riders
> might have to buy new helmets periodically to be assured that they may
> ride without threat of being ticketed. For example, the science may
> outstrip the old impact attenuation requirements for helmets and DOT
> may conclude it appropriate to amend FMVSS 218 to require
> manufacturers to comply with more strict attenuation standards, again
> a change in FMVSS 218 that would render previously sold helmets
> noncompliant.
>
> I would suggest that the problem lies in the California helmet law
> which incorporates FMVSS 218, and I would suggest that the law itself
> is defective in this respect. The state of California has had problems
> with this statute ever since it was enacted. FMVSS 218 in its
> substances is merely a description of impact standards that helmet
> manufacturers must comply with in order to affix the DOT label. It had
> serious due process problems from the outset, as recognized by the
> appellate courts, where it was held "absurd" that the ordinary
> consumer or law enforcement officer should be able to tell from the
> fabrication of the helmet whether it complies with FMVSS 218. Indeed,
> the California helmet law, as it has been interpreted by the
> California courts does not bear any resemblance to FMVSS 218,
> specifically because to apply FMVSS 218 literally would violate due
> process. This decision in Bianco was then followed by the Easyriders
> v. Hannigan decision which issued an injunction against CHP
> enforcement of the California helmet law unless the officer has
> probable cause to believe the helmet model has been determined by
> NHTSA to be noncompliant AND the officer has probable cause to believe
> that the rider had prior knowledge that the helmet model had been
> determined noncompliant.
>
> The truth is that because of the due process challenges, accepted both
> by the California and federal appellate courts, FMVSS 218 has been
> essentially written out of the law for all practical purposes. And
> this is why I would suggest that the original problem with the
> California helmet law is its incorporation of FMVSS 218. Indeed, my
> observation is that the CHP makes no attempt to comply with the Bianco
> decision or the Easyriders injunction, rather it has just continued
> the arbitrary enforcement of the law, one of the faults in the
> California law that required its reinterpretation to comport with due
> process.
>
> These due process problems will not be solved now by requiring the
> consumer to comply with the periodic shifting content of FMVSS 218.
> Rather, this would only add to the uncertainty about what is required
> by the law, perhaps most obviously brought into focus in terms of the
> retailer who legally sells and the rider who purchases a helmet with
> the old DOT label on May 12, 2013.
>
> There are a host of other problems with the California helmet law,
> although in my opinion the due process issues are the most difficult
> to overcome. Indeed, I would suggest that the due process problems
> with any helmet law that incorporates FMVSS 218 are insurmountable.
>
> The answer that I would like to have you address is whether the AG
> will interpret the California helmet law to incorporate the new
> labeling changes in FMVSS 218. I think that all California riders
> should be able to know where they stand well in advance of 2013,
> indeed we should know now, as we are making decisions to buy very
> expensive helmets every day, and we will be relying on the
> representations of the retailers that the helmets being sold are
> "legal," when in truth, if it be the case, they will be legal only
> through 2013.
>
> Secondly, while I am not asking for an opinion on this, rather just
> making a suggestion, perhaps the AG should consider consulting the
> legislature with the observation that the helmet law cannot be
> enforced as written to incorporate FMVSS 218. Bianco and Easyriders,
> supra. And that the new changes in FMVSS 218 will render a substantial
> hardship on the consumer and law enforcement as nearly all helmets
> used by motorcyclists on our California streets will be rendered
> noncompliant as of May 13.
>
> I empathize that this has been a headache for the AG's office ever
> since the enactment of the California helmet law. But the problem was
> created by the legislation, and specifically its incorporation of
> FMVSS 218. The legislature did not consider the due process issues
> that the state and federal courts have found persuasive as requiring
> essentially that FMVSS 218 be written out of the law. From my humble
> perspective, this law has been a burden also upon law enforcement
> officers throughout the state of California as they find themselves in
> court citing the California helmet law incorporating FMVSS 218 without
> any training or ability to defend their citations.
>
> Indeed, the problem is more serious, in that the CHP has never
> attempted to conform to the appellate reinterpretation of the helmet
> law in Bianco, nor has it made any effort to comply with the federal
> injunction in Easyriders. Indeed, in a trial in Santa Clara, entitled
> Quigley et al. vs. CHP, Sargent Valdez, called by the AG as the person
> at CHP most knowledgeable about the helmet law, stated in his
> testimony that he was unaware of Bianco or Easyriders and that the CHP
> officers could tell from the fabrication of a helmet whether it
> complied with FMVSS 218, directly contrary to Bianco and Easyriders.
> Indeed, he also testified that there is no law in California that
> requires riders to maintain the DOT labels on their helmets and that
> riders can take them off or paint over them, which has always been the
> case. The Bianco decision merely created the presumption of compliance
> from the attachment of a DOT label.
>
> Finally, for the AG's office and for the prosecutors who have
> prosecuted these helmet ticket trials, I think that these
> prosecutorial offices and the individual prosecutors should have very
> serious ethical concerns about how these tickets have been prosecuted
> heretofore. I say this because it has always been my understanding
> that it is an ethical requirement that the prosecutors conform to the
> law and not bring cases that are ill founded under existing law. I
> would indeed posit that there have been no prosecutions under the
> California law in the last 15 years, either by the AG or local
> prosecutors, that have faithfully applied the law as reinterpreted by
> Bianco and Easyriders. That would require the prosecutors to put on
> evidence that prior to the arrest the officer had probable cause to
> believe that the helmet model had been determined noncompliant by
> NHTSA and that the rider knew that the helmet had been determined
> noncompliant.
>
> I believe that the AG's office and the local prosecutors recognize
> that they don't have that essential foundation for the prosecutions,
> and yet they proceed to prosecute the cases nevertheless.
>
> Even as the law currently exists it is clear that the CHP and police
> are put in the untenable position of applying the law illegally and
> the prosecutors have been required to serve unethically. This is a
> failed system, it uniformly violates due process given the inherent
> ambiguities in the law, and the fact is that the law cannot be
> enforced either by the police or prosecutors except arbitrarily and
> illegally.
>
> What I would hope to do, therefore, in addition to asking my question,
> is to suggest to you that this may be an opportune time for your
> office to tell the legislature that the law is unworkable rather than
> dig in deeper with all of the collateral negative economic effect that
> implementing this new change to FMVSS 218 will have.
>
> Thank you very much for your consideration in the above regard.
>
> Ray Henke
Supreme Court strikes down violent video game laws as Unconstitutional
OFF THE WIRE
Nice to know the courts do the right thing from time to time . . .
http://beta.news.yahoo.com/supreme-court-strikes-down-california-video-game-law-142839213.html
By James Vicini
Mature video games are shown in this photograph taken in Encinitas
Nice to know the courts do the right thing from time to time . . .
http://beta.news.yahoo.com/supreme-court-strikes-down-california-video-game-law-142839213.html
By James Vicini
Mature video games are shown in this photograph taken in Encinitas
WASHINGTON (Reuters) - Governments cannot ban the sale or rental of violent video games to minors because it would violate free-speech rights, the U.S. Supreme Court said on Monday in its first ruling in a video game case.
By a 7-2 vote, the high court struck down a California law, which also imposed strict video game labeling requirements, as unconstitutional. It said video games, like books, plays and movies, deserve free-speech protection.
The ruling was a victory for video game publishers, distributors and sellers, including the Entertainment Software Association. Its members include Disney Interactive Studios, Electronic Arts, Microsoft Corp and Sony Computer Entertainment America.
Michael Gallagher, the trade association's president, hailed the ruling as a "historic and complete win" for free-speech rights and "the creative freedom of artists and storytellers everywhere."
The Supreme Court's majority opinion written by Justice Antonin Scalia rejected California's argument that violent video games should be banned just like the sale of sexually explicit material to minors.
Scalia also rejected the argument by California lawmakers who cited studies that suggested violent video games can be linked to aggressive and anti-social behavior in children.
Leland Yee, a California state senator and the law's author, criticized the ruling. "The U.S. Supreme Court is supposed to take care of the people of this country. They have failed miserably, particularly our children, with this particular defeat," the Democrat from San Francisco said.
California's 2005 law has never taken effect because of the legal challenge. At issue were popular video games such as Warner Bros. Entertainment Inc's "Mortal Kombat" and Take-Two Interactive Software Inc's "Grand Theft Auto."
The law defines a violent video game as one that depicts "killing, maiming, dismembering or sexually assaulting an image of a human being." Retailers who sold or rented a violent video game to a minor could be fined as much as $1,000.
The U.S. video game industry makes about $10.5 billion in annual sales. More than two-thirds of U.S. households include at least one person who plays video games, according to industry statistics.
Six other states have adopted similar laws and all had previously been struck down in court.
SAME BEHAVIOR FROM WATCHING CARTOONS
Scalia said the state's expert testified he found the same effects when children watched television cartoons starring Bugs Bunny or the Road Runner or viewed a picture of a gun.
Scalia cited famous books for children throughout history that have depicted violence.
"Grimm's Fairy Tales, for example, are grim indeed," he said with examples of Snow White's poisoning, Cinderella's evil stepsisters having their eyes pecked out by birds and Hansel and Gretel killing their captor by baking her in an oven.
Scalia said parents, not the government, should decide what games their children can buy and play. He said the video game industry has a rating system designed to inform consumers and store owners which games were violent.
Justices Clarence Thomas and Stephen Breyer dissented.
"What sense does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman while protecting a sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the women, then tortures and kills her?" Breyer asked.
Parents Television Council President Tim Winter denounced the decision, saying, "Retailers can now openly, brazenly sell games with unspeakable violence and adult content even to the youngest of children."
But John Riccitiello, CEO of Electronic Arts, a major video game publisher, said, "Everybody wins on this decision. The court has affirmed the constitutional rights of game developers; adults keep the right to decide what's appropriate in their houses; and store owners can sell games without fear of criminal prosecution."
By a 7-2 vote, the high court struck down a California law, which also imposed strict video game labeling requirements, as unconstitutional. It said video games, like books, plays and movies, deserve free-speech protection.
The ruling was a victory for video game publishers, distributors and sellers, including the Entertainment Software Association. Its members include Disney Interactive Studios, Electronic Arts, Microsoft Corp and Sony Computer Entertainment America.
Michael Gallagher, the trade association's president, hailed the ruling as a "historic and complete win" for free-speech rights and "the creative freedom of artists and storytellers everywhere."
The Supreme Court's majority opinion written by Justice Antonin Scalia rejected California's argument that violent video games should be banned just like the sale of sexually explicit material to minors.
Scalia also rejected the argument by California lawmakers who cited studies that suggested violent video games can be linked to aggressive and anti-social behavior in children.
Leland Yee, a California state senator and the law's author, criticized the ruling. "The U.S. Supreme Court is supposed to take care of the people of this country. They have failed miserably, particularly our children, with this particular defeat," the Democrat from San Francisco said.
California's 2005 law has never taken effect because of the legal challenge. At issue were popular video games such as Warner Bros. Entertainment Inc's "Mortal Kombat" and Take-Two Interactive Software Inc's "Grand Theft Auto."
The law defines a violent video game as one that depicts "killing, maiming, dismembering or sexually assaulting an image of a human being." Retailers who sold or rented a violent video game to a minor could be fined as much as $1,000.
The U.S. video game industry makes about $10.5 billion in annual sales. More than two-thirds of U.S. households include at least one person who plays video games, according to industry statistics.
Six other states have adopted similar laws and all had previously been struck down in court.
SAME BEHAVIOR FROM WATCHING CARTOONS
Scalia said the state's expert testified he found the same effects when children watched television cartoons starring Bugs Bunny or the Road Runner or viewed a picture of a gun.
Scalia cited famous books for children throughout history that have depicted violence.
"Grimm's Fairy Tales, for example, are grim indeed," he said with examples of Snow White's poisoning, Cinderella's evil stepsisters having their eyes pecked out by birds and Hansel and Gretel killing their captor by baking her in an oven.
Scalia said parents, not the government, should decide what games their children can buy and play. He said the video game industry has a rating system designed to inform consumers and store owners which games were violent.
Justices Clarence Thomas and Stephen Breyer dissented.
"What sense does it make to forbid selling to a 13-year-old boy a magazine with an image of a nude woman while protecting a sale to that 13-year-old of an interactive video game in which he actively, but virtually, binds and gags the women, then tortures and kills her?" Breyer asked.
Parents Television Council President Tim Winter denounced the decision, saying, "Retailers can now openly, brazenly sell games with unspeakable violence and adult content even to the youngest of children."
But John Riccitiello, CEO of Electronic Arts, a major video game publisher, said, "Everybody wins on this decision. The court has affirmed the constitutional rights of game developers; adults keep the right to decide what's appropriate in their houses; and store owners can sell games without fear of criminal prosecution."
Tuesday, June 28, 2011
“THE BIKERS OF AMERICA, THE PHIL and BILL SHOW”
CHECK OUT THE ARCHIVE,
If you miss this above event you can listen to the archive anytime by clicking on the same link below.
Enjoy the show, www.blogtalkradio.com/bikersofamerica .
,“THE BIKERS OF AMERICA, THE PHIL and BILL SHOW”,
Live! goes live at 6pm PAC, 9:00pm EST every Tuesday & Thursday
www.blogtalkradio.com/bikersofamerica .
Two ways to listen on Tuesday & Thursday
1. Call in: (347) 826-7753 ... Listen live right from your phone!
2. Stream us live on your computer:
http://www.blogtalkradio.com/bikersofamerica
NOW ON TUESDAY`S and THURSDAY`S
SHOWS ARE ARCHIVED FOR LISTENING - DOWNLOADING, ANYTIME - / AT YOUR CONVENIENCE FREE OF CHARGE!
ALSO WERE GOING TO BE ON TUESDAY`S AND THURSDAY`S, SAME TIME JUST
ADDING A SHOW TO THE WEEK. SO PLEASE TUNE IN AND SUPPORT US.......
Screwdriver And BILL
THANK YOU
Hits Like a bored and stroked big V-twin is the hardcore biker right’s talk show that will shift the thoughts and minds of all! Screwdriver is a member of Bikers of Lesser Tolerance, which is a "No Compromise" philosophy that rights cannot ever be negotiated and the west coast Representative of B.A.D (Bikers Against Discrimination)and Bill Kennedy of Kennedy’s Custom Cycles!!! Join us each week as we give you straight talk on what is happening to Bikers on the Left Coast along with what YOU can do to join the cause! Tune in and check us out!!!!
Screwdriver and Bill are hosting “THE BIKERS OF AMERICA, KNOW YOUR RIGHTS” show every Thursday at 9 pm Est/ 6 pm Pac. We invite you to participate by clicking the web address
Here is the Show guide
www.blogtalkradio.com/bikersofamerica . or by calling #347-826-7753 and follow the prompts.
and the Blog can be reached at
bikersofamerica.blogspot.com
Or for direct access, just google “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)”
from there you will get 2 links the radio show and the blog.
You will not want to miss this show!
The next “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)” will be on Tuesday
June /28 / 2011 at 6pm Pacific and 9pm Eastern. AS Well As Thursday June/30/2011 night`s 6pm Pacific and 9pm Eastern. We will be featuring different topics Guests from around the World. Bikers Rights, News off the wire and B.O.L.T updates from across the country.
Other potential topics –
• How Bill and I have been involved with over the years;
• The unconstitutional roadside checkpoints;
• The motorcycle only checkpoints;
• The Helmet Law’s Unconstitutional Enforcement;
• Legislation and Politics;
• The Veterans Groups,
• The V.A. Hospitals, and
• Helping Our Brothers and Sisters when asked.
Participation Options: Our show is flexible so we can either control the topic or we will be happy to turn the podium to you. Should you wish to hold the podium, please email me, Screwdriver at Countermeasures Division (strokerz383@gmail.com). Please note that this e-mail address is being protected from spambots so you will need JavaScript enabled to view it.
Let’s Not Forget:
The BikerLowDown Radio Show hosted by Hammerin Hank and The Crew. Call in at 347-237-4874 on Wednesdays at 8pm Est or 5pm Pac at http://www.bikerlowdown.com./ or Hermis Wednesdays at 9 pm Est or 6 pm Pac, www. HERMISLIVE.com.
For broader communication, since these shows are open to the public, please pass this email along to your family and/or friends, who you know are interested in Motorcyclist Rights. Remember the bottom-line; we all have a sincere involvement with knowing, sharing, and/or enhancing our understanding about our rights as members of the biker community so I am asking for you, family, and friends to support the above two (3) shows.
Thank you, in advance, for your anticipated support and participation in these important discussions.
Philip (aka Screwdriver)
BOLT of California
(760) 207-2965 or strokerz383@gmail.com
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
For more information about Bikers Of A Lesser Tolerance, please visit http://boltusa.org/ or for California Rights information see http://www.boltofca.com/
on BlogTalk Radio. Check us out!
And do not forget, if you want to call in live and speak with the host, be sure to dial (347)826-7753. You will be placed into the caller queue where you will still be able to hear the show while you are on hold.
If you miss this above event you can listen to the archive anytime by clicking on the same link below.
Enjoy the show,
www.blogtalkradio.com/
Two ways to listen on Tuesday & Thursday
1. Call in: (347) 826-7753 ... Listen live right from your phone!
2. Stream us live on your computer:
http://www.blogtalkradio.com/
NOW ON TUESDAY`S and THURSDAY`S
SHOWS ARE ARCHIVED FOR LISTENING - DOWNLOADING, ANYTIME - / AT YOUR CONVENIENCE FREE OF CHARGE!
ALSO WERE GOING TO BE ON TUESDAY`S AND THURSDAY`S, SAME TIME JUST
ADDING A SHOW TO THE WEEK. SO PLEASE TUNE IN AND SUPPORT US.......
Screwdriver And BILL
THANK YOU
Hits Like a bored and stroked big V-twin is the hardcore biker right’s talk show that will shift the thoughts and minds of all! Screwdriver is a member of Bikers of Lesser Tolerance, which is a "No Compromise" philosophy that rights cannot ever be negotiated and the west coast Representative of B.A.D (Bikers Against Discrimination)and Bill Kennedy of Kennedy’s Custom Cycles!!! Join us each week as we give you straight talk on what is happening to Bikers on the Left Coast along with what YOU can do to join the cause! Tune in and check us out!!!!
Here is the Show guide
www.blogtalkradio.com/
and the Blog can be reached at
bikersofamerica.blogspot.com
Or for direct access, just google “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)”
from there you will get 2 links the radio show and the blog.
You will not want to miss this show!
The next “THE BIKERS OF AMERICA (THE PHIL and BILL SHOW)” will be on Tuesday
June /28 / 2011 at 6pm Pacific and 9pm Eastern. AS Well As Thursday June/30/2011 night`s 6pm Pacific and 9pm Eastern. We will be featuring different topics Guests from around the World. Bikers Rights, News off the wire and B.O.L.T updates from across the country.
Other potential topics –
• How Bill and I have been involved with over the years;
• The unconstitutional roadside checkpoints;
• The motorcycle only checkpoints;
• The Helmet Law’s Unconstitutional Enforcement;
• Legislation and Politics;
• The Veterans Groups,
• The V.A. Hospitals, and
• Helping Our Brothers and Sisters when asked.
Participation Options: Our show is flexible so we can either control the topic or we will be happy to turn the podium to you. Should you wish to hold the podium, please email me, Screwdriver at Countermeasures Division (strokerz383@gmail.com). Please note that this e-mail address is being protected from spambots so you will need JavaScript enabled to view it.
Let’s Not Forget:
The BikerLowDown Radio Show hosted by Hammerin Hank and The Crew. Call in at 347-237-4874 on Wednesdays at 8pm Est or 5pm Pac at http://www.bikerlowdown.com./
For broader communication, since these shows are open to the public, please pass this email along to your family and/or friends, who you know are interested in Motorcyclist Rights. Remember the bottom-line; we all have a sincere involvement with knowing, sharing, and/or enhancing our understanding about our rights as members of the biker community so I am asking for you, family, and friends to support the above two (3) shows.
Thank you, in advance, for your anticipated support and participation in these important discussions.
Philip (aka Screwdriver)
BOLT of California
(760) 207-2965 or strokerz383@gmail.com
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
For more information about Bikers Of A Lesser Tolerance, please visit http://boltusa.org/ or for California Rights information see http://www.boltofca.com/
Hildy Down!, BEST WISHES FOR A SPEEDY RECOVERY......
OFF THE WIRE
Sunday, June 26th, Gary "Hildy" Hilderbrand, while riding his 1973 Shovelhead, wearing his orange fluorescent colored, "Can You See Me Now Asshole?" T-shirt, was returning from the Sussex County Chapter, ABATE of Delaware membership meeting, at approximately 3:30pm, and became the unfortunate victim of a Right of Way Violation.
As Hildy was riding through a 45 mph zone on Irish Hill rd near Highway 13, in the Viola/Magnolia area, not 3 miles from his home, a man in a Dodge Dakota pick up truck backed out of a produce stand, into the highway, blocking both lanes of traffic.
Hildy, having only enough time to get his speed down to 35 - 40 mph, anticipating the eminent crash.
The left side of his body contacted the right front fender of the truck, and ended up on the hood.
The driver of the truck, jumped out and uttered those famous words, "I'm sorry, but I didn't see you."
The driver was licensed, insured, and waited for the police and rescue unit to arrive.
The driver was cited.
Hildy initially had damage to his left wrist, and beat up his right knee and ankle pretty good.
At 9:00 pm, he had surgery on what turned out to be a shattered wrist, and is recovering at Kent General Hospital, room 210.
http://www.bayhealth.org/kent-general-hospital/BayhealthContentPage.aspx?nd=941
After speaking with Hildy on the phone at 9:45 am, he is in good spirits.
Get well soon Brother!
-Chainsaw
Sunday, June 26th, Gary "Hildy" Hilderbrand, while riding his 1973 Shovelhead, wearing his orange fluorescent colored, "Can You See Me Now Asshole?" T-shirt, was returning from the Sussex County Chapter, ABATE of Delaware membership meeting, at approximately 3:30pm, and became the unfortunate victim of a Right of Way Violation.
As Hildy was riding through a 45 mph zone on Irish Hill rd near Highway 13, in the Viola/Magnolia area, not 3 miles from his home, a man in a Dodge Dakota pick up truck backed out of a produce stand, into the highway, blocking both lanes of traffic.
Hildy, having only enough time to get his speed down to 35 - 40 mph, anticipating the eminent crash.
The left side of his body contacted the right front fender of the truck, and ended up on the hood.
The driver of the truck, jumped out and uttered those famous words, "I'm sorry, but I didn't see you."
The driver was licensed, insured, and waited for the police and rescue unit to arrive.
The driver was cited.
Hildy initially had damage to his left wrist, and beat up his right knee and ankle pretty good.
At 9:00 pm, he had surgery on what turned out to be a shattered wrist, and is recovering at Kent General Hospital, room 210.
http://www.bayhealth.org/kent-general-hospital/BayhealthContentPage.aspx?nd=941
After speaking with Hildy on the phone at 9:45 am, he is in good spirits.
Get well soon Brother!
-Chainsaw
Canada - HAMILTON, Ont - Hamilton not welcoming new Hells Angels clubhouse
OFF THE WIRE
Joel Rollin (L) and James "Bubbs" Sherwood in front of the newly established Hells Angels clubhouse in Hamilton, Ont.
The Hamilton Hells Angels, who this month turned on the charm for neighbours of their first Hamilton clubhouse since a 2009 raid, have found a less warm welcome from authorities.A fortification bylaw enacted by the city of Hamilton in early 2010 is being enforced for the first time in an inspection of the outlaw motorcycle club’s new clubhouse, purchased in early June.
“Under the new bylaw, there are regulations on how people can fortify a building; it prohibits excessive fortification,” said John Lane, manager of inspections at the City of Hamilton Building Services Department. “It’s to ensure that if someone is in distress of there’s a fire, ambulance and fire responders can get at them.”
No complaints have been received about the new clubhouse, which is the only property in Hamilton ever to have been subject to the fortification bylaw inspection. The city will check for things like heavy steel plating on doors, bars on windows, surveillance cameras, reinforcements of almost any kind.“Because of the attention this property receives, an investigation file has been created,” Mr. Lane said.
James “Bubbs” Sherwood, spokesperson for the Hamilton chapter, said the club is taking only appropriate precautions for its neighbourhood.
“We’ve installed one fence,” he said. “The cameras, the lights, the electrical, it’s all the same as it was before we moved in. Look at that building across the street, they have bars in the windows. This is a rough area.”
The new clubhouse sits on the corner of a leafy street in a partly residential, partly industrial neighbourhood. The Hells Angels lost their last clubhouse – at 269 Lottridge Ave., just around the corner from the new one – after the 2009 raid, Project Manchester, that saw seven members arrested and the property seized.
“The last place was beautiful,” says Mr. Sherwood. “We’d decorated there with more earth tones, but this one is going to have more of a biker style – murals of bikes on the walls, flames, lots of red and white.”
A building services inspector has made observations of 105 Beach Rd. recently but officials have not yet entered the premises. Mr. Lane said when it happens, police will accompany the inspector but will not come on to the property. The city said no date for the inspection has been set, but that it will be a matter of weeks, not months.
A shoulder-height two-by-four fence separates the clubhouse parking lot from the house next door. A 90-year-old woman lives there alone; the Hells Angels cut her lawn for her. “And we installed her air conditioning,” says Joel Rollin, a large man of few words in dark sun glasses and a black Hells Angels t-shirt with all the insignia.
Mr. Sherwood says the bikers are friendly with the neighbours.
“I’m well aware they’re in the neighbourhood and I’m not upset, I say power to them,” says Andrew Sayer, who’s lived in the area 13 years. “They’re working stiffs like me. Leave them alone.”
Ontario Provincial Police Det. Staff Sgt. Rich Patterson of the Organized Crime Enforcement Bureau said it is not uncommon for the bikers to evoke sympathy in the community.
“The Hells Angels are always good neighbours,” says Det. Staff Sgt. Patterson. “That’s typical, that’s how they sell themselves to the neighbourhood and perpetuate this myth that they’re just a bunch of motorcycle enthusiasts. That’s their spin. But as a criminal organization, there’s more than that. Not 100% of them have been convicted obviously, but if you want to know what they’re up to, just look at their past.”
Three years ago, Mr. Sherwood and fellow Angel James Malone were acquitted of aggravated assault and weapons charges after a man was beaten and stabbed in a Hamilton strip club.
National Post
Waynesboro, VA - Waynesboro's Newcomer: 'I'm an innocent man'
OFF THE WIRE
Craig Newcomer has been known for years as a community leader dedicated to charity work in Franklin County -- but is he also a motorcycle gang member with a taste for violence?
The former Waynesboro Borough Council president's character was brought into question in May, when he was charged in connection with a Martinsburg, W.Va., bar fight. Police allege that he seriously injured a man while visiting the Dirty Dawg Saloon with at least one other member of the Avengers Motorcycle Club.
Since he waived his right to a preliminary hearing, it will be months before Newcomer has another opportunity to clear his name in court. According to representatives of the Berkeley County, W.Va., court system, the matter is now slated to go before a grand jury for consideration no sooner than October.
In the meantime, Newcomer, 46, maintains he is innocent and says his association with the Avengers for the past five years has been an effort to teach the bikers about God.
He has resigned as president but continues to serve on Waynesboro's council. He also remains involved with Chambersburg-based Maranatha Ministries and runs the Candleheart program, which provides food, counseling and transitional housing for the needy.
"I'm an innocent man and it's going to be proven in the end," he said. "Knowing that it's not the truth, it hurts me that the people I'm working with are seeing this."
Still, there are a number of people in West Virginia who remain unconvinced. Martinsburg City Police Department filed a criminal complaint containing a 13-page summary of the evidence against Newcomer, and a number of witnesses are prepared to testify against him in court.
"I've heard that he's a councilman and about all the good work he does up there, but it makes no difference," said Alexa O'Connell, co-owner of the Dirty Dawg. "To us he's a criminal."
Newcomer is accused of punching Ernest Eugene Cumbie, 44, in the face Feb. 13, causing him to fall and hit his head on the barroom's black-and-white checkerboard floor. Police responded about 2:25 a.m. and Cumbie was flown to Inova Fairfax Hospital in Falls Church, Va. His injuries included multiple facial fractures and severe brain bruising.
Sitting by the hot tub outside their large country home about 15 minutes from Martinsburg, the O'Connells recalled the night a man almost died in their bar. Alexa said the place was decorated for Valentine's Day weekend, and she was passing out Hershey's Kisses in a gorilla costume. At one point, Cumbie came up and gave her a hug.
"He was a hell of a nice guy," O'Connell said. "He was just minding his own business."
She and her husband, George, opened the bar at 1017 S. Queen St., Martinsburg, about three years ago. They feature themed parties every weekend, barbecue, pool tables and "some of the hottest ladies you will ever see performing bar-top entertainment," according to their website.
The "Coyote Ugly themed saloon" is just shy of 40 miles from Waynesboro, not far from Interstate 81 and a short walk down the road from the Berkeley County Sheriff's Department headquarters. It is among a handful of bars lining one side of the street opposite railroad tracks, with Berkeley Heights Elementary School visible from the parking lot.
Brassieres adorn some of the walls inside, hanging on hooks and from the long horns of a steer's skull centered above the bar counter. Other decorations, such as beer signs, a wagon wheel and saddles, provide a country western theme. One recent afternoon, a few employees were getting ready for the night's business, while a single patron sat drinking a Pabst Blue Ribbon.
Eric White of Berkeley Springs, W.Va., visits the Dirty Dawg frequently, and he's never seen a fight there. He said motorcycle club members are not the bar's typical customers.
"It's totally not a biker establishment at all," he said. "I come here to get chicks. This isn't a dive bar."
According to the criminal complaint, police determined that Newcomer, a woman and three men arrived at the Dirty Dawg that night after visiting the VIP Gentleman's Club about 10 minutes away. Witnesses reported that some members of the group were wearing sweat shirts or T-shirts "emblazoned with the Avengers Motorcycle Club logo or name."
The woman in the group was identified as Newcomer's fiancé, Jeanna Leeann Shockley. The other men were Jamie Lee Kayhoe, Charles Raymond Stockslager and Benjamin "4th Grade" Bean, the only other confirmed Avengers member. With the exception of Bean, who was from Hagerstown, Md., everyone was from the Waynesboro area.
Shockley told police that they had gone out to celebrate Valentine's Day and that she had a lot to drink, including "Jager bombs" and Captain Morgan with ginger ale. She explained that she was waiting outside for the men when the fight happened and that she didn't see anything or hear any talk later about it.
"She advised she passed out after she puked and they drove home," the complaint states. "She has been with Craig Newcomer for approximately seven months and described him as a great man and an awesome man."
George O'Connell said he remembers talking to Shockley, who was admiring the bar's seasonal decorations. She offered to pay $100 for a large centerpiece of balloons shaped like a bouquet of roses. He declined because the holiday was not over, but offered to mail it to her after the weekend.
Shockley wrote down her name, address and phone number, O'Connell said. This information would later help police track the group down.
Penny Lyn Light, manager of the VIP, told investigators that Newcomer, who she knew as "Guido," and Bean were in the gentleman's club earlier that night. They left with plans to return later and pick up Bean's girlfriend, one of the exotic dancers. She said they came back after about an hour and told her they had been in a fight, according to the criminal complaint.
She reported that Bean told her, "Guido had hit the guy with his new ring. He wanted to try out his new ring." Light told police that Newcomer was wearing a large "gold nugget ring" on his middle finger.
When Public Opinion visited the Martinsburg area for the purposes of this story, the gentleman's club was apparently closed for renovations.
The O'Connells said Newcomer had been in their bar "two or three times" prior to the night of the incident, and had talked to them before about organizing a motorcycle poker run. He never caused problems in the past and his group "seemed fine" the night Cumbie was injured, they said. None of the witness statements indicate that Newcomer was seen drinking or acting intoxicated that night.
Both owners left the bar before the incident happened. George, who was about five minutes away, got a call on his cell phone and returned. Employees reported seeing Newcomer walk toward the rest room shortly before members of his group near the front door began fighting with several other customers for no apparent reason.
A bartender said a bouncer and several other patrons began trying to intervene in the scuffle, then she saw Newcomer charge across the room and punch Cumbie once in the face. She and a number of other saloon workers have been subpoenaed to appear in court when the time comes.
"Our bouncers and bartenders had no reason to lie. They didn't know either of those guys," Alexa said. "There are at least eight or 10 people who are going to testify to what they saw, and nobody's going to lie for anybody."
While he agreed to an interview for this story, Newcomer declined to discuss the specific allegations against him.
Newcomer's attorney, Daniel James of Keyser, W.Va., did not return several phone calls.
According to the criminal complaint, Newcomer declined to speak with Martinsburg investigators, but went to Waynesboro Police Chief Mark King on March 1 to talk about the matter. Newcomer told King that he had been at a bar in West Virginia with members of the Avengers when a fight broke out.
"Councilman Newcomer stated he was trying to separate an Avenger member from the fight. While doing this he was struck in the face by an individual," the complaint states. "Councilman Newcomer advised he turned around and the individual charged at him. He advised when the individual charged he punched the individual in self defense."
King told investigators that Newcomer also talked about his ministry work with the motorcycle club, and recalled discussing the Book of John with one biker at the Avengers clubhouse. He also spoke about socializing with members of other clubs who he met at Pappy's Pub in Waynesboro.
Newcomer told Public Opinion that he became involved with the Avengers about five years ago. A Harley-Davidson owner and motorcycle lover, he was visiting a friend in West Virginia when he met an ordained minister who associated with the group and went by the nickname "Preacher."
"He brought me into the club," Newcomer said of the man, who has since died. "I learned a lot from him."
He said that while the Avengers club has a criminal past, the national group has not operated as an outlaw motorcycle gang since the early 1980s. Members wear a "back patch" on their vests with symbols that stand for honor, loyalty, integrity and love, he said.
Newcomer confirmed that his nickname among the Avengers is "Guido," explaining that it was derived from Father Guido Sarducci, a priest character featured on "Saturday Night Live" and other television programs in the 1970s.
As a sort of "chaplain" for the club, he has gone along on outings and uses the opportunity to reach out to the other members about his faith, Newcomer said. He added that he rarely drinks, and that he often acts as designated driver when he and a group of bikers go out to bars in an automobile.
"There's some people who can't reach out to the kind of people that I do," he said. "When you're working with people like that, you have to be strong because you're going to be in places that are undesirable to most."
He said that while his brand of ministry may not be the same as "a pastor on the pulpit preaching," it has still been effective.
'I lead by example. I walk the walk and people tend to follow out of respect and understanding," he said. "The people in the motorcycle club know I'm a godly man and they accept me being around them."
On the other hand, the O'Connells have their doubts about Newcomer's good intentions. The not quite middle-aged business owners are pleased that he has been charged in the crime, but unhappy about the negative publicity this incident has brought to their establishment.
"They do whatever they want to do and we pay for it," Alexa said. "People want to go out and have a good time. They don't want to go where there's fights and stuff. Our regulars know that's not the kind of bar we are."
Newcomer said he's had difficulty sleeping and that he didn't eat for several days after the charges were filed against him. He said he worries most about how the publicity surrounding the incident may affect his ministry and charity work.
"Unfortunately, people tend to judge and it's God's job to judge," he said.
While he remains committed to ministry, Newcomer said this experience has changed his viewpoint "a little." In the future, he will likely continue witnessing to motorcycle clubs like the Avengers without going to places like bars and strip clubs with them.
"Yeah, I will still work with all motorcycle clubs. In what way, I'm not sure," he said. I'll re-evaluate and figure out the best way through prayer."
Craig Newcomer has been known for years as a community leader dedicated to charity work in Franklin County -- but is he also a motorcycle gang member with a taste for violence?
The former Waynesboro Borough Council president's character was brought into question in May, when he was charged in connection with a Martinsburg, W.Va., bar fight. Police allege that he seriously injured a man while visiting the Dirty Dawg Saloon with at least one other member of the Avengers Motorcycle Club.
Since he waived his right to a preliminary hearing, it will be months before Newcomer has another opportunity to clear his name in court. According to representatives of the Berkeley County, W.Va., court system, the matter is now slated to go before a grand jury for consideration no sooner than October.
In the meantime, Newcomer, 46, maintains he is innocent and says his association with the Avengers for the past five years has been an effort to teach the bikers about God.
He has resigned as president but continues to serve on Waynesboro's council. He also remains involved with Chambersburg-based Maranatha Ministries and runs the Candleheart program, which provides food, counseling and transitional housing for the needy.
"I'm an innocent man and it's going to be proven in the end," he said. "Knowing that it's not the truth, it hurts me that the people I'm working with are seeing this."
Still, there are a number of people in West Virginia who remain unconvinced. Martinsburg City Police Department filed a criminal complaint containing a 13-page summary of the evidence against Newcomer, and a number of witnesses are prepared to testify against him in court.
"I've heard that he's a councilman and about all the good work he does up there, but it makes no difference," said Alexa O'Connell, co-owner of the Dirty Dawg. "To us he's a criminal."
Newcomer is accused of punching Ernest Eugene Cumbie, 44, in the face Feb. 13, causing him to fall and hit his head on the barroom's black-and-white checkerboard floor. Police responded about 2:25 a.m. and Cumbie was flown to Inova Fairfax Hospital in Falls Church, Va. His injuries included multiple facial fractures and severe brain bruising.
Sitting by the hot tub outside their large country home about 15 minutes from Martinsburg, the O'Connells recalled the night a man almost died in their bar. Alexa said the place was decorated for Valentine's Day weekend, and she was passing out Hershey's Kisses in a gorilla costume. At one point, Cumbie came up and gave her a hug.
"He was a hell of a nice guy," O'Connell said. "He was just minding his own business."
She and her husband, George, opened the bar at 1017 S. Queen St., Martinsburg, about three years ago. They feature themed parties every weekend, barbecue, pool tables and "some of the hottest ladies you will ever see performing bar-top entertainment," according to their website.
The "Coyote Ugly themed saloon" is just shy of 40 miles from Waynesboro, not far from Interstate 81 and a short walk down the road from the Berkeley County Sheriff's Department headquarters. It is among a handful of bars lining one side of the street opposite railroad tracks, with Berkeley Heights Elementary School visible from the parking lot.
Brassieres adorn some of the walls inside, hanging on hooks and from the long horns of a steer's skull centered above the bar counter. Other decorations, such as beer signs, a wagon wheel and saddles, provide a country western theme. One recent afternoon, a few employees were getting ready for the night's business, while a single patron sat drinking a Pabst Blue Ribbon.
Eric White of Berkeley Springs, W.Va., visits the Dirty Dawg frequently, and he's never seen a fight there. He said motorcycle club members are not the bar's typical customers.
"It's totally not a biker establishment at all," he said. "I come here to get chicks. This isn't a dive bar."
According to the criminal complaint, police determined that Newcomer, a woman and three men arrived at the Dirty Dawg that night after visiting the VIP Gentleman's Club about 10 minutes away. Witnesses reported that some members of the group were wearing sweat shirts or T-shirts "emblazoned with the Avengers Motorcycle Club logo or name."
The woman in the group was identified as Newcomer's fiancé, Jeanna Leeann Shockley. The other men were Jamie Lee Kayhoe, Charles Raymond Stockslager and Benjamin "4th Grade" Bean, the only other confirmed Avengers member. With the exception of Bean, who was from Hagerstown, Md., everyone was from the Waynesboro area.
Shockley told police that they had gone out to celebrate Valentine's Day and that she had a lot to drink, including "Jager bombs" and Captain Morgan with ginger ale. She explained that she was waiting outside for the men when the fight happened and that she didn't see anything or hear any talk later about it.
"She advised she passed out after she puked and they drove home," the complaint states. "She has been with Craig Newcomer for approximately seven months and described him as a great man and an awesome man."
George O'Connell said he remembers talking to Shockley, who was admiring the bar's seasonal decorations. She offered to pay $100 for a large centerpiece of balloons shaped like a bouquet of roses. He declined because the holiday was not over, but offered to mail it to her after the weekend.
Shockley wrote down her name, address and phone number, O'Connell said. This information would later help police track the group down.
Penny Lyn Light, manager of the VIP, told investigators that Newcomer, who she knew as "Guido," and Bean were in the gentleman's club earlier that night. They left with plans to return later and pick up Bean's girlfriend, one of the exotic dancers. She said they came back after about an hour and told her they had been in a fight, according to the criminal complaint.
She reported that Bean told her, "Guido had hit the guy with his new ring. He wanted to try out his new ring." Light told police that Newcomer was wearing a large "gold nugget ring" on his middle finger.
When Public Opinion visited the Martinsburg area for the purposes of this story, the gentleman's club was apparently closed for renovations.
The O'Connells said Newcomer had been in their bar "two or three times" prior to the night of the incident, and had talked to them before about organizing a motorcycle poker run. He never caused problems in the past and his group "seemed fine" the night Cumbie was injured, they said. None of the witness statements indicate that Newcomer was seen drinking or acting intoxicated that night.
Both owners left the bar before the incident happened. George, who was about five minutes away, got a call on his cell phone and returned. Employees reported seeing Newcomer walk toward the rest room shortly before members of his group near the front door began fighting with several other customers for no apparent reason.
A bartender said a bouncer and several other patrons began trying to intervene in the scuffle, then she saw Newcomer charge across the room and punch Cumbie once in the face. She and a number of other saloon workers have been subpoenaed to appear in court when the time comes.
"Our bouncers and bartenders had no reason to lie. They didn't know either of those guys," Alexa said. "There are at least eight or 10 people who are going to testify to what they saw, and nobody's going to lie for anybody."
While he agreed to an interview for this story, Newcomer declined to discuss the specific allegations against him.
Newcomer's attorney, Daniel James of Keyser, W.Va., did not return several phone calls.
According to the criminal complaint, Newcomer declined to speak with Martinsburg investigators, but went to Waynesboro Police Chief Mark King on March 1 to talk about the matter. Newcomer told King that he had been at a bar in West Virginia with members of the Avengers when a fight broke out.
"Councilman Newcomer stated he was trying to separate an Avenger member from the fight. While doing this he was struck in the face by an individual," the complaint states. "Councilman Newcomer advised he turned around and the individual charged at him. He advised when the individual charged he punched the individual in self defense."
King told investigators that Newcomer also talked about his ministry work with the motorcycle club, and recalled discussing the Book of John with one biker at the Avengers clubhouse. He also spoke about socializing with members of other clubs who he met at Pappy's Pub in Waynesboro.
Newcomer told Public Opinion that he became involved with the Avengers about five years ago. A Harley-Davidson owner and motorcycle lover, he was visiting a friend in West Virginia when he met an ordained minister who associated with the group and went by the nickname "Preacher."
"He brought me into the club," Newcomer said of the man, who has since died. "I learned a lot from him."
He said that while the Avengers club has a criminal past, the national group has not operated as an outlaw motorcycle gang since the early 1980s. Members wear a "back patch" on their vests with symbols that stand for honor, loyalty, integrity and love, he said.
Newcomer confirmed that his nickname among the Avengers is "Guido," explaining that it was derived from Father Guido Sarducci, a priest character featured on "Saturday Night Live" and other television programs in the 1970s.
As a sort of "chaplain" for the club, he has gone along on outings and uses the opportunity to reach out to the other members about his faith, Newcomer said. He added that he rarely drinks, and that he often acts as designated driver when he and a group of bikers go out to bars in an automobile.
"There's some people who can't reach out to the kind of people that I do," he said. "When you're working with people like that, you have to be strong because you're going to be in places that are undesirable to most."
He said that while his brand of ministry may not be the same as "a pastor on the pulpit preaching," it has still been effective.
'I lead by example. I walk the walk and people tend to follow out of respect and understanding," he said. "The people in the motorcycle club know I'm a godly man and they accept me being around them."
On the other hand, the O'Connells have their doubts about Newcomer's good intentions. The not quite middle-aged business owners are pleased that he has been charged in the crime, but unhappy about the negative publicity this incident has brought to their establishment.
"They do whatever they want to do and we pay for it," Alexa said. "People want to go out and have a good time. They don't want to go where there's fights and stuff. Our regulars know that's not the kind of bar we are."
Newcomer said he's had difficulty sleeping and that he didn't eat for several days after the charges were filed against him. He said he worries most about how the publicity surrounding the incident may affect his ministry and charity work.
"Unfortunately, people tend to judge and it's God's job to judge," he said.
While he remains committed to ministry, Newcomer said this experience has changed his viewpoint "a little." In the future, he will likely continue witnessing to motorcycle clubs like the Avengers without going to places like bars and strip clubs with them.
"Yeah, I will still work with all motorcycle clubs. In what way, I'm not sure," he said. I'll re-evaluate and figure out the best way through prayer."
Canada - MONTREAL - Federal mega-trials bill now law after receiving royal assent
OFF THE WIRE
winnipegfreepress.com
Justice Minister Rob Nicholson is seen in Ottawa, November 1, 2010. Help is on the way for Canadian jurisdictions grappling with increasingly common mega-trials. THE CANADIAN PRESS/Adrian Wyld
MONTREAL - Help is on the way for Canadian jurisdictions grappling with increasingly common mega-trials.
Canada's justice minister held a news conference Monday to toast the fact that a federal mega-trials bill received royal assent over the weekend.
Rob Nicholson said the law will help cut down lengthy, complex trials that require additional resources and support. It had all-party support in the House of Commons.
Nicholson said mega-trials are becoming more commonplace in the Canadian judicial system.
"They are a fact of life and it's in everyone's interest at every level that they work and there is an expeditious and a fair hearing," Nicholson said.
The "Fair and Efficient Criminal Trials Act" is designed especially for terrorism and organized crime trials and is aimed at helping law enforcement as well as reducing costs to taxpayers.
The new law comes after 31 suspected Hells Angels and criminal biker associates went free in Quebec; a judge let them go, saying their costly and complicated trial had been plagued by too many delays.
The law includes a number of provisions — such as appointing a judge to deal with pre-trial issues; adding two reserve jurors in case others drop out; and measures to reduce duplication, like allowing joint hearings.
A case-management judge would deal with most preliminary issues such as evidence admissibility, changes of venue and other pre-trial motions. Currently, a trial judge must juggle all those issues.
The law will allow 14 jurors to be sworn in as part of trial to ensure that there will be the minimum 10 needed for a valid verdict.
There are also measures to ensure that jurors' identities remain private.
"Although it's not possible to avoid conducting mega-trials, the manner in which they can be conducted can be improved," Nicholson told a news conference.
Nicholson said the bill will be implemented in two phases in the near future.
A bill addressing mega-trials was first introduced in November but it died with the dissolution of Parliament before the May 2 federal election.