OFF THE WIRE
If anyone would like to contribute to legal expenses for the "TEAM HELMET LAWSUIT" that was started this week in Nevada, checks can be mailed to: Team Helmet Lawsuit
8790 Mellowdawn Way
Orangevale, CA 95662
or use Paypal from the http://www.boltofca.com/ website.
If Team Helmet wins this, it will seriously affect helmet laws all accross the country.
By Colleen McCarty, Investigative Reporter - bio | email By Kyle Zuelke, Photojournalist -
LAS VEGAS -- Earlier this week, a dozen motorcycle riders filed a class action lawsuit challenging the enforcement of Nevada's helmet law. Thursday, with some four-stroke showmanship, they served that suit on those they accuse of violating their rights.
Until now, the group has been tight-lipped about the motives behind the action. This suit is not about whether the government has the right to require motorcycle riders to wear helmets. The Nevada Supreme Court has already ruled on that issue and found that it does. Instead, the action accuses local police and prosecutors of selectively enforcing the helmet law and of using it to hassle bikers.
Attorney Travis Barrick, his client and several scantly-clad ladies climbed the steps of the federal courthouse Thursday for the ceremonial filing of the class action lawsuit.
Read the Complaint
Dubbed the Class M class action, the suit seeks to include some 40,000 Nevadans holding motorcycle endorsements on their driver's licenses. The 12 named plaintiffs, with nicknames like Bones, Doc and Tiger Lily allege violations of their constitutional rights based on what they call selective enforcement of Nevada's helmet law.
Website explaining group's mission
"I'm just saying that if you don't have probable cause to pull me over, we've got a problem," plaintiff David Stillwell said.
He regularly practices constitutional activism. To test Nevada's helmet law, in 2010, he modified an approved helmet in an effort to comply with the letter of the law. That helmet netted him five tickets and two convictions. Both were later dismissed on appeal by the city's that brought them.
"Every time a rider gets pulled over and complains about the ticket, the cops says tell it to the judge. Well, we get to the judge and they dismiss it so we never get to have our day in court and test the law on its face," Barrick said.
The two-man parade shows up to City Hall next and hand the clerk a piece of paper.
"You have been served," said one of the scantily-clad women. "Thank you ma'am, have a fine day," Barrick added.
The group is hoping to ultimately win the repeal of Nevada's helmet law. The helmet law was passed in 1972 to reduce the severity of injuries to riders and to protect the public against the medical costs of motorcycle accidents.
The Nevada Highway Patrol reports 34 motorcycle fatalities, so far, this year. Efforts to repeal it in the legislature have failed in recent sessions. 8 News NOW did reach out to many of the county and city's named in the suit, they all declined to comment based on the pending litigation.
