No Respect for Others or the Law
Brothers
and Sisters,
I just returned from the Palm Beach South Court House in Delray Beach where
all of these cases regarding load pipes, after market pipes and now a ticket for
non original equipment???? will be heard. We had turn out of about 25 bikes, not
bad for a workday and Leesburg Bike Fest going on
at the same time. I would
like to thank our Brothers of American Legion Riders, The Enforcers MC, ABATE
P.B.C. members and the independent riders for being there in support. Special
thanks to our Brother At Arms Attorney Demetreos Kirkiles of ABATE SE, for his
tenacity in researching every aspect of state and federal laws and statutes
pertaining to this issue. I think it would be an understatement to say he
was adequately prepared and more then ready to give those who would
challenge him an education on how ludicrous these actions really are.
To our disappointment the officer from Ocean Ridge responsible this moronic
action never showed. The case was thrown out. Probably a good thing for
him because we were informed by a Delray City Official that two judges that ride
were also ticketed along with a couple law enforcement officers that were
present
outside the court house.
There were several
members of law enforcement present inside the court room
seated to one side of the room when we filed in, because this was the day for
traffic court. As the case was called before the judge, Demetreos presented the
judge with a compilation of documents from his research and as he put it
"we
kind of flew the Jolly Roger in front of them" leaving those officers and
the
judge with little or no doubt we had come prepared. Unfortunately, again this
battle was over before it started but the point was made abundantly clear, we
have no intention of allowing this crap to continue and we will be back.
So far the first two
cases have been dismissed, one before a magistrate and this
one before a judge. As I understand it several others have followed up and
requested that their case go before a judge and will be heard in the very near
future. I'll be sure to keep everyone updated as things develop.
A shallow victory
maybe, but there was an air of communication and dialogue
that seemed to develope among those outside the court house,
including members of the SWAT Team on station. It appeared a much greater
victory was achieved in dispelling the myth that we were the enemy. If there
was any tension that may have existed when they saw us parked across the
street and walking toward the court house, it seemed to melt away after a few
short minuets. I saw hand shakes and introductions being made, I saw people
talking and joking. As we were coming out after court, small groups of people
gathered around talking and saying goodbye, cards were exchanged and in
general, I would say the experience was very positive for all.
There are other cases
stemming from these areas on A1A pending and we want
to know the disposition of each and every one of them. We encourage anyone
that goes before the judge and has their case dismissed to contact us, we want
to hear from you if it isn't. We need to have copies of those dispositions to
determine what course action will be necessary in the future. This is not over,
this
was just the first step taken and we are going to see our mission through. We
seek no compromise and will accept no quarter, there is no threat that will go
unchallenged when it comes to unlawful and discriminatory actions like these.
We only ask for your cooperation and that of our motorcycle community
in obeying the speed limits, rules of the road and to use common sense when
traveling A1A or anywhere for that matter. All of these municipalities on
A1A have been known as "ticket mills" over the years for speeding and
trivial
infractions, don't give them an excuse to stop you.
If you are stopped for
after market pipes, non original equipment or non stock
pipes, please contact me at 561-302-0879 or president@abatepalmbeach.com
Please include your phone number on emails. For more information visit our web
site at www.abatepalmbeach.com and
click on "Legislative News" for the form to
request that your case go before a judge and a formal plea of not guilty. The
form
can be printed out, completed and sent in with the ticket. For direct access
click
on this link
http://www.abatepalmbeach.com/images/INFRACTION_not_guilty_demand_JUD
GE_FORM.pdf
Support your local
ABATE Chapter by becoming a member, help us fight the fight
for our rights.
Ride Free, Ride Safe How about ride Quiet! Like the rest of us!!
Strongbow President
ABATE Palm Bch. Chapter
Cell: 561-302-0879
president@abatepalmbeach.com
Raccoon’s Response
First I would like to
thank Strongbow and ABATE, Attorney Demetrios Kirkiles,
and all the friends, bikers, and motorcycle clubs who came to the courthouse to
support me. Things didn't go exactly as planned however but we got our point
across. It showed Unity and a statement that we will not put up with the
chickenshit citations for illegal pipes. The donut eating fat trailer park
police
officer from Ocean Ridge told me that my exhaust pipes were not from the
factory. I told him if he could squeeze his fatass
under his patrol car he wouldn't
find factory exhaust either. He pulled me over without seeing or
hearing my
exhaust first, an illegal traffic stop. Either way with the Attorney and ABATES
assistance we had a pretty good opportunity to win this one, if not a better
chance of winning an appeal case, but the Ocean Ridge
porker Officer
Rosenberg (Ocean
Ridge Police Dept (561) 732-8331)
obviously couldn't get
his lardass to the courthouse and the Judge threw the case out. Some
satisfaction
was gained in the fact that we showed upto fight this crap, the City/County
spent
thousands of dollars to have a Police tactical force at the courthouse to
protect
the public from the scary bikers, and I didn't have to pay the $76.00 ticket.
Hopefully more of us will try to fight this shit and they can weigh the
prosecuting
costs of handing out these insane tickets. In the meantime boycott all the
businesses on A1A,
especially Ocean Ridge during the off season.
Hopefully the business owners will react and fire the
asshole running their so called Police Department that's concentrating on bike
mufflers while the vermin are stealing the wheels off their trailers and other
important crimes in that shithole town.
Raccoon Joe
ABATE of Florida, Palm Beach Chapter
P.O. Box 971073
Boca Raton, Fl. 33497-1073
www.abatepalmbeach.com
Motorcyclists, Your Attention Please ….
In recent months ABATE Palm Beach & Southeast chapters, the Enforcers MC
and representatives of several local MC’s and independents including
representatives from the AMA met with the City Commissioners of Delray Beach.
The purpose for these meetings was to discuss an ordinance proposed by Mayor
Ellis that would stiffen the penalty for violating the existing noise ordinance by
motorcycles without stock or EPA approved exhaust systems. During the course
of these meetings it was agreed that further study of the problem would be
necessary to identify the real source of excessive noise on a five - block section
of Atlantic Ave. Both sides had agreed to conduct a survey and reconvene in 90
days to air their findings and discuss further actions if necessary. It was also
decided that we would work together to resolve the issue without enacting an
amendment to the existing ordinance through mutual respect and cooperation.
In light of the fact that this was really the first time that city officials and the
motorcycle community had met face to face, it presented us all with a unique
opportunity to establish dialogue by communicating the concerns on both sides,
in hopes of coming to a mutual agreement on how this issue can be resolved.
Delray Beach has an existing noise ordinance and they intend to enforce it. We
have the right to ride on any public thoroughfare, on the motorcycle of our choice
and the right to customize that motorcycle to our liking as long as it doesn’t
become a threat to the safety of ourselves and other motorists or infringe on the
rights of others.
The safety and responsibility for operating that motorcycle falls squarely on the
shoulders of the rider. We are looking for a compromise, if we ride responsibility
and with consideration for others by not revving our motors or rapid acceleration
from light to light, basically using common sense and respect for others. We
expect the same consideration and respect when we visit and ride through
Delray Beach peacefully, without being harassed by law enforcement because
we chose to replace the stock pipes with an exhaust system to enhance the
appearance or performance of our motorcycles.
Aftermarket and altered exhaust systems are not illegal but sound levels
resonating over 83 decibels is. Pipes don’t make a motorcycle loud, it’s the part
that connects the seat to the handlebars that make pipes loud.
We have an opportunity to set precedence and an example that will prove
invaluable when dealing with other municipalities that have similar noise issues
and ordinances. A little consideration and common sense on both sides will go a
long way to improve relations and the understanding of our rights as citizens.
Brothers and Sisters, we are asking for your support in an effort to help make
Delray Beach and surrounding communities, including A1A, an enjoyable
experience for everyone. We’ll do our part to preserve and defend your rights as
a motorcyclist. Your cooperation and consideration will help make it right for all.
Please refer anyone interested in learning more or wanting to stay updated on
these issues to go to our web site at
www.abatepalmbeach.com or contact medirectly at 561-483-4283 Fax: 561-451-4243 or 561-482-4346 Fax: 561-883-
2678 or
email:
president@abatepalmbeach.comRide Free, Ride Safe
Strongbow President
ABATE Palm Bch. Chapter
The Delray Beach Biker Ban
Here are some of the reports for your review..
WPBF Channel 25 Story and Survey:
Ban Bikes Downtown?http://www.wpbf.com/news/14359197/detail.html
Here is the meeting transcript (and for others you need the FREE
Adobe Readerdownload):
http://www.ldrlongdistancerider.com/DelrayBeach/DRBCM071016.pdf
From: Strongbow President ABATE P.B.C.
Delray Update Date: 24 January 08
Demetrious Kirkiles and I met with a Delray Beach City Commissioner this
afternoon to discuss the proposed stiffer peanalty ordinance for load pipes,
aftermarket exhaust systems without E.P.A. stamps or any motorcycle for that
matter without an E.P.A. stamp on the exhaust pipes.
As you may remember in October 2008, Mayor Rita Ellis had introduced an
ordinance to ban motorcycle traffic on a five block section of Atlantic Ave. in
Delray Beach completely, from 7:00 AM - 11:00 PM.
Her call for a ban was our call to action, ABATE P.B.C., The Enforcers MC,
ABATE SE, The AMA and representatives from many other MCs and
Independents rallied at the Delray Beach City Hall for the preliminary hearing of
this ordinance October 16th. in strength of numbers, close to 200 bikes and well
over 200 people attended. City hall was inundated calls from all over the country
protesting this proposed ordinance. They were overwhelmed to say the least.
This was the first time they ever had a chance to look us in the eye, face to face
and be in the same room with us. I think we shook 'em up a little, they didn't
know what the hell to expect.
This meeting was significant in not only a show of solidarity but also with dignity
and respect. We were there to listen and give our reaction to this ridiculous
ordinance. The phrase "action speaks louder than words" proved itself once
again. The proposed ordinance for the ban disappeared as fast as it appeared
without word being spoken.
The ordinance had a second part that was also introduced to stiffen penalties to
$200 for motorcycles without E.P.A. approved stamps on the exhaust pipes. This
included all motorcycles with "loud pipes" motorcycles with aftermarket exhaust
systems etc.
The ordinance was tabled largely because of our presence and request for a
definition of this ordinance, until November 6, 2007 for a second hearing. We
came together again this time with a voice. It was decided by all those concerned
to go back to City hall with one voice and one message delivered by our legal
council. Demetrious Kirkiles and Steve Sessa addressed the council and made it
clear, their proposed ordinance would never stand up in a court of law. Other
speakers, included residents and motocycle related businesses who also voiced
their opposition. It was then decided by the Commission to table the vote and
recomended a study and survey be conducted and a vote would be taken
pending the results of that survey and study to be taken over 90 day's, a review
and vote would be called at a meeting in April 2008.
As of our meeting today, that meeting will probably never happen. I believe
some myths and misunderstandings were squelched at those meetings because
of who we are as motorcyclists. They had no idea we were so well organized and
prepared to challange them. I also believe that the impression we made on the
Commission will carry on for a long time. It was commented by
the Commissioner that we scored some very high points in the first meeting but
at the second meeting when a young soldier returning from Iraq was presented
with an award and we rose to salute him and in support of our Troops, they
realized our patriotism and our love of freedom as American citizens. In my
opinion it was at that point they realized this battle was over before it started. The
study and survey were really nothing more then a gesture by the Commission to
appease the Mayor.
I am also of the opinion that the Commission was looking for a way out with
dignity, a back door if you will. I think we provided that by presenting them with
a definition of state statutes prohibiting municipalities from invoking ordinances
that supersede state laws.
I think we all came away with a victory but not in the sense of winning a battle
but more in finding the solution to a problem through dialogue
and understanding. I'm confident in reporting to you that the issue and ordinance
is going to be left to fade into obscurity.
I hope everyone will use discretion and common sense whenever you ride. When
riding in Delray, don't give them an excuse and they'll leave you alone.
If you are stopped for no other reason and without probable cause, for loud
pipes, aftermarket pipes or pipes without E.P.A. stamps, visit our website
www.abatepalmbeach.com
click on Legislative News, there is a form that is aplea of "not guilty" that can be printed out and sent in with your ticket requesting
that your case go before a judge. You can also contact ABATE P.B.C. directly at
561-483-4283 or
president@abatepalmbeach.com Do not let a magistrate /attorney deter you, it is your right to have it brought before a judge.
Demetrious and I also met with the judge who will be hearing these cases
including tickets issued in Ocean Ridge. He is definitely not one to be taken
lightly but he is willing to listen. "If you are straight forward and honest, he is fair".
He is also very knowledgeable of the mechanics of cars, bikes and boats. I got
that from a P.B.S.O. Officer who is also a motorcyclist.
It is extremely important that you follow through with your plea of not guilty,
further legal action may be taken in the form of a class action lawsuit if the
numbers warrant it.
Ride Free, Ride Safe
Strongbow President
ABATE Palm Bch. Chapter
561-483-4283 Cell: 561-302-0879
president@abatepalmbeach.com