Press release dated June 8, 2009
Proner & Proner, Attorneys at law, have filed a Federal class action
lawsuit in the Federal Court for the Northern District of New York
against the New York State Police as well as New York State and county
authorities to stop them from conducting motorcycle-only roadblocks near
popular motorcycle events. Last year the New York State Police and county
sheriffs stopped every motorcycle en route to twelve different events for
"safety checks." With the riding season starting, the New York State
Police expect to conduct up to fifteen motorcycle-only roadblocks
throughout the state this year. The events targeted include Americade in
Lake George, the largest motorcycle event in the Northeast.
Mitchell Proner, an active motorcyclist and personal injury attorney, is
initiating the lawsuit on behalf of all motorcyclists. Mr. Proner said
that the New York State Police "uses the pretense of safety inspections to
delay and harass motorcyclists without any reasonable belief that any laws
are being broken." Although courts have upheld DWI checkpoints as
generally permissible, "These motorcycle roadblock stops are lengthy and
do not address any legitimate safety concerns," according to Mr. Proner.
Mr. Proner alleges that these motorcycle-only roadblocks violate the
motorcyclists' Fourth Amendment right to be free from unreasonable search
and seizure. In addition, by specifically targeting motorcycle events, New
York State is infringing on the motorcyclists' First Amendment rights of
freedom of assembly and freedom of association.
Contact Information:
Proner & Proner
60 East 42nd Street, Suite 1448
New York, New York 10165
(212) 986-3030
Note from jan: Ironically, checkpoints were funded by motorcycle safety funds. When your MRO says they are going to lobby the government for safety funds tell them NO. Tell them it invites government interference with your freedoms. MRO leaders need to take an more cautious and demanding approach in dealing with government safety bureaucrats.
See Editorial: Latest Battles and Challenges in NY.
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