Injunctive relief action against Boston ordinance.
This just in from Paul Cote. These guys have been doing a GREAT job in Boston!....jan
Thanks, Jan. I've copied Bill Gannon (in Sturgis), Vince Silva, Mike Longtin and Larry Cahill (www.BostonBiker.Com) - co-plaintiffs, in on this response.
Since the June 30th release,
on July 3, we filed the suit;
had a hearing on our request for injunctive relief (to stop the enforcement of the Ordinance while the Court's sorted out its validity),
got a decision denying that but putting the City on notice if they issued tickets and they were contested and won, and/or our suit through out the Ordinance, the City would be responsible for costs and expenses incurred by the riders cited.
On or about July 12, we issued discovery (interrogatories, request for admissions and requests for documents) to each of the 13 councilors and the Mayor.
We've had two rallies in Boston (Hard Rock Cafe), close to 100 riders each night, and no citations issued.
Last Thursday Vince and I rode to a local TV show, Greater Boston, on the public TV station, and had a debate with the Councilor who introduced this Ordinance.
The City's answer to the Complaint is due August 21 (we gave their 60 person Law Department an extension). Next, since its an election year, with several in contests, we'll notice them for depositions the day before the election. Co-plaintiffs Mike and Larry will be on Low Down Biker radio this Wednesday night (see www.AlphaBiker.com).
And, . . . Mike set up a website - www.JusticeRider.com - that has all the above on it ! ! ! !
Wish we didn't have to do all the above, . . . but our "tolerance" ran out.
Feel free to share with othe B.O.L.T. members and supporters.
"We refuse to allow the Boston City Council to run our lives."
BIG Smiles - PC
Justice Riders on the Biker Lowdown Radio Show
I want to thank Bill and Mike of the Justice Riders Committee for coming on the the Biker Lowdown Radio Show last night to talk about the issues being faced by Boston Bikers. Others can learn more about the show at AlphaBiker.com
I am personally looking forward to meeting everyone in person at the Hard Rock Cafe next Monday, 8/11 to join in the fight and partake of some brotherhood!
Chuck
AlphaBiker.com
Follow-up: Boston injunction dismissed. No standing.
Justice riders press release
RELEASE - March 26, 2010
FOR MORE INFORMATION CONTACT
JUSTICE RIDERS - For more info, contact
Paul W. Cote, 978-535-8222, ClaimsCote@aol.com
Bill Gannon,
Mike Longtin, mlongtin@comcast.net -
Vince Silvia, vsilvia@thesilvias..com - 987-852-3626 (cell)
Larry Cahill, webmaster@bostonbiker.com -
Betsy Lister, Gypsypashn@aol.com, 781-393-9330
(Boston, MA) Suffolk County Superior Court Judge Charles T. Spurlock dismissed a lawsuit filed by motorcyclists seeking to strike down a "noise ordinance" enacted by the City of Boston last summer.
In a 4-page decision issued March 16th and released March 23rd, the Judge ruled since none of the five (5) Plaintiffs had been ticketed yet, they had "no standing" to bring the lawsuit challenging the Boston Ordinance, which imposes a $300 fine if law enforcement can not readily find an EPA imprint on the motorcycles. His decision did not address the validity of the Ordinance, which still remains unclear. An earlier ruling by another Judge seemed to give the riders standing, as they claimed they rode their motorcycles into Boston for work and pleasure.
"One part of our goal was accomplished," roared Plaintiff Bill Gannon of Quincy, "no tickets were issued to any riders in Boston last summer as a result of this suit, so no biker had to pony up $300 for the Mayor's budget deficit."
The lawsuit was dismissed, "without prejudice," meaning it could be brought back, once tickets had been issued.
"We are looking at our options," claimed Paul W. Cote of Amesbury, another Plaintiff in the suit.
"We're asking the City to issue us tickets now so we can proceed. I'm sure Boston Police and the riding community want to know where this challenge stands with the riding season coming."
Cote claimed the 5 plaintiffs are consulting with their Attorney, Joseph S. Provanzano of Peabody, weight options including filing for "reconsideration" or an appeal to the Appeals Court, or just wait until ticketing starts.
Betsy Lister of Medford, the "Justice Riders" group Treasurer said another group has been soliciting donations from the motorcyclist community for a "defense fund" to fight individual citations issues while the Justice Riders will continue on the "offense" to strike down the hastily enacted Ordinance.
"One way or another, we need a ruling on this EPA regulation," said Plaintiff Mike Longtin of N. Easton.
Longtin says the EPA standard is a manufactures, not consumer standard; that any "assurance" provided by the imprint at the time of manufacturing is only good for one year or 3,730 miles, whichever comes first; and that current State laws and regulations give the Registrar of Motor Vehicles the authority to write the rules motorcycle exhaust systems must comply with and proper testing standards law enforcement need to use to issue tickets for "excessive noise."
Plaintiff Larry Cahill of Medford, who hosts the popular BostonBiker.com web site said, "I'm not going to spend a dime in Boston until this matter is cleared up by the Court," and he'll ask his over 40,000 a month web site visitors to follow his lead boycotting Boston businesses.
"Why consider spending a $100 in Boston for the chance of a $300 ticket?"
According to Registry of Motor Vehicle reports, over 182,000 motorcycles were registered in the State as of September 2009.
"If 30,000 riders aren't spending $100 a weekend in Boston, that's $3 million as weekend Boston businesses lose."
Target restaurants on Hanover Street, North End
Suggestion: To boycott all of Boston is a very broad target. It appears some Hanover Street restaurants contacted LaMattina to target bikers, so you and your friends should target them back. There are ways to do this, such as showing up in large numbers at 5pm on a Friday night and taking up all parking spaces while you go and visit the Paul Revere House.
By the way, if you see the video again, the twerp in the suit, Sal LaMattina, Boston city council district 1, says "it's a law". Twice he argued that there is already a law. Well, if there is already a law, there is no need to make another! The people in the North End of Boston are no fans of piling one law on top of another and should remove Sal LaMattina.