I’m peeling away the layers of my emotions as one would peel away the protective riding gear after an untimely slide down the asphalt. As happens, life is not all joy riding, happy motorcycle travels or shopping for bike toys. Just as the flesh oozes with anguish from angry road rash, so are my emotions. I dab at them as with antiseptic and try to sooth myself with sleep to shut out the world.
Our family has suffered a loss. It leaves me stepping away from the bike, folding my gloves, and hanging my helmet by the strap. Then slipping the jacket from my arms, I wrap them around my daughter and try to console her. She has suffered a loss so profoundly deep, that only others who have been here can understand. Her joy, only so recently shared, has turned into grief. The new life within her has been cut short. The ripple is spreading wide, and we are taken up in the wake of sorrow for her and for us. For we have suffered too; suffered a loss, a dream, a hope and a promise.
While our grandchild’s heart has ceased to pulse with life, this child will not soon be forgotten. This child will live forever in our memory and in our hearts. Left behind are two parents that loved this child from conception. In our helplessness, we scoop the other babies in our arms and realize, as if for the first time, the true miracle of life. As my daughter moves forward stepping each day away from this sorrow, she tries to be hopeful.
“I know there is a little soul out there that needs a home. I don't know when, but I do know it will happen.”
I know too, that she will be ready when that time comes.
Tuesday, August 11, 2009
Sunday, August 9, 2009
MMA ALERT
MMA ALERT: Motorcycle-Only Safety Checks in Sterling, MA
Friday, July 24, 2009
This year, a significant number of cases have been reported of Law Enforcement creating their own versions of Massachusetts General Law concerning Sound Enforcement for Motorcycles. This has taken the form of roadside stops and warnings, to the recently enacted City Ordinance in Boston, to a recent “Motorcycle-Only Safety Check” in the small hamlet of Sterling, Massachusetts. The Massachusetts Motorcycle Association is working with our members to be more aware of these incidents as well as help our members fight unlawful citations.
In the latter case, Police have worked diligently over the past few weeks to stop only Motorcycles around the intersection of Routes 140 and 62 in Sterling to perform “Safety Checks”. Reports of “hundreds” of Motorcycles being stopped and cited for anything from illegal Helmets to a lack of EPA stamp on their Motorcycle Exhaust or other safety equipment violations. More than a dozen MMA members have corroborated this report and the MMA is providing them with Information Kits concerning the “real” Massachusetts General Law. We encourage all Motorcyclists to join the MMA to obtain this information and fight any citations issued that they feel are unjust.
In order to collect and provide more information, the MMA invites all Motorcyclists - Members and Friends - to attend the next monthly Worcester County meeting at the Singletary Rod and Gun Club 300 Sutton Ave Oxford MA on Tuesday, August 11, 2009 at 730 PM. This issue will be the main focus topic of discussion - more background on the issues, the "real" Massachusetts General Law, and how to respond. Several MMA Board Members will be in attendance to address these and any questions.
In the interim, if you are stopped, without question, you want to be respectful and cooperative. While perhaps ill informed, these are still Law Enforcement Officers. Please remember to:
•Obtain the officer’s name and department – he or she should be wearing and/or carrying identification. You have every right to it. If the officer refuses to provide any, you have the right to call 911 and inform them you’ve been stopped by someone who has refused to identify themselves. •Make notes (and if possible take pictures – many cell phones have cameras today) of the procedures being used to inspect and test your motorcycle. You are NOT legally required to assist in those tests. •You are NOT legally required to answer any unreasonable questions without advice of legal counsel. •Contact the MMA with the name and description of the officer and any other details you can provide regarding the incident. If you are issued a warning or citation, we would like a copy of that document and will work with you to fight it in a Massachusetts court of law. For additional information, please contact legislativedirector@massmotorcycle.org or chairman@massmotorcycle.org
*source*
Friday, July 24, 2009
This year, a significant number of cases have been reported of Law Enforcement creating their own versions of Massachusetts General Law concerning Sound Enforcement for Motorcycles. This has taken the form of roadside stops and warnings, to the recently enacted City Ordinance in Boston, to a recent “Motorcycle-Only Safety Check” in the small hamlet of Sterling, Massachusetts. The Massachusetts Motorcycle Association is working with our members to be more aware of these incidents as well as help our members fight unlawful citations.
In the latter case, Police have worked diligently over the past few weeks to stop only Motorcycles around the intersection of Routes 140 and 62 in Sterling to perform “Safety Checks”. Reports of “hundreds” of Motorcycles being stopped and cited for anything from illegal Helmets to a lack of EPA stamp on their Motorcycle Exhaust or other safety equipment violations. More than a dozen MMA members have corroborated this report and the MMA is providing them with Information Kits concerning the “real” Massachusetts General Law. We encourage all Motorcyclists to join the MMA to obtain this information and fight any citations issued that they feel are unjust.
In order to collect and provide more information, the MMA invites all Motorcyclists - Members and Friends - to attend the next monthly Worcester County meeting at the Singletary Rod and Gun Club 300 Sutton Ave Oxford MA on Tuesday, August 11, 2009 at 730 PM. This issue will be the main focus topic of discussion - more background on the issues, the "real" Massachusetts General Law, and how to respond. Several MMA Board Members will be in attendance to address these and any questions.
In the interim, if you are stopped, without question, you want to be respectful and cooperative. While perhaps ill informed, these are still Law Enforcement Officers. Please remember to:
•Obtain the officer’s name and department – he or she should be wearing and/or carrying identification. You have every right to it. If the officer refuses to provide any, you have the right to call 911 and inform them you’ve been stopped by someone who has refused to identify themselves. •Make notes (and if possible take pictures – many cell phones have cameras today) of the procedures being used to inspect and test your motorcycle. You are NOT legally required to assist in those tests. •You are NOT legally required to answer any unreasonable questions without advice of legal counsel. •Contact the MMA with the name and description of the officer and any other details you can provide regarding the incident. If you are issued a warning or citation, we would like a copy of that document and will work with you to fight it in a Massachusetts court of law. For additional information, please contact legislativedirector@massmotorcycle.org or chairman@massmotorcycle.org
*source*
http://www.massmotorcycle.org/content.aspx?page_id=5&club_id=769540&item_id=10044
Tuesday, August 4, 2009
On My Soap Box
I try to be diplomatic and see two sides to ever story. Even if I am alerted about some issue, I see myself as listening to the whole story to see if I can find middle ground. I said I try. However, recently there was an ongoing thread on my favorite forum that had me stewing. There are two items actually the seem to fly in the face of violating our constitutional rights, but I will focus on one that concerns motorcyclist since this is the main theme of my blog.
A forum member reported that at a particular intersection in their local town, the police set up a roadblock and pulled every motorcycle over. No cars, trucks or any other vehicle, just motorcycles. Through inquiry and by an article in the local paper it was learned that the citizens of this fine town were tired of the loud motorcycles at this intersection. OK, this is a legitimate complaint, especially if there is a noise ordinance, or decibel level requirement for motorcycles in this area. So why was each and every motorcyclist pulled over? One can hear a loud motorcycle. Why not just pull that one over? This is not what happened. One person was even ticketed for loud pipes although the officers did not use a meter to measure the decibel level. One forum member made a statement that you don’t need a meter to see straight pipes. (His assumption of course was that the pipes were indeed straight.) Still, if the law requires a meter, then one should be used.
There is another concern. It seems the police were checking for motorcycle endorsements on the licenses. I didn’t read anywhere that indicated the police pulled over cars and trucks to see if the drivers had a license? There is a whole ball of wax I could go into with this. For example, in some states, you cannot be pulled over simply for non-seatbelt wearing, but if pulled over for other reasons can be ticketed if you are not wearing your seatbelt. Well, if the pipes are loud, pull the person over, and then look at his license, check to see if he’s inspected, if he has an approved helmet etc. Can you see how things would go if the police pulled over every vehicle on a particular given day to inspect if your wearing your seat belt, if your license plate is displayed properly, if you are indeed licensed? We can’t seem to get habitual offenders off the road, but it seems OK to target a particular group.
In three other towns of this fine state, checkpoints are being set up to stop bikers with loud pipes. The police will be equipped with decibel readers and will not ticket but “educate” the rider about legal noise limits. That sounds better to me. In NY, the police set up roadblocks and stop motorcycles that are on their way to Lake George for the annual rally. There are some legal and constitutional issues with targeting groups. Motorcycle only roadblocks in my opinion violate Fourth Amendment right to be free from unreasonable search and seizure. Stopping a particular group on the way to a gathering is a violation of the First Amendment rights to freedom and assembly and freedom of association.
“What’s the big deal” I have had some say to me. It is believed that it will blow over, and the citizens will once again have a quiet corner. The big deal is that as a nation we have become complacent at having are liberties chiseled away, little by little. Why? Because “what’s the big deal” or “why rock the boat.” I say if you don’t stay vigilant you will soon be stripped of the liberties that are granted to you in the Constitution. Now don’t even get me started about banks demanding they fingerprint you just to cash a check.
I know I have rambled and this is not my typical free flowing form, so here are a few links to help you understand the magnitude of the problem.
http://www.telegram.com/article/20090726/LETTERS/907260433
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090522/NEWS/905220324
http://www.fox61.com/news/wtic-bikers-complaints-with-cops-0722,0,7908266.story
http://www.salemnews.com/punews/local_story_204232851.html
And I don’t have a link for this but here’s the text:
NEW YORK, NY--(Marketwire - 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.
For further information please contact Proner & Proner at 60 East 42nd Street, Suite 1448, New York, New York 10165, (212) 986-3030 or on the web at
www.bikerhelp.com
A forum member reported that at a particular intersection in their local town, the police set up a roadblock and pulled every motorcycle over. No cars, trucks or any other vehicle, just motorcycles. Through inquiry and by an article in the local paper it was learned that the citizens of this fine town were tired of the loud motorcycles at this intersection. OK, this is a legitimate complaint, especially if there is a noise ordinance, or decibel level requirement for motorcycles in this area. So why was each and every motorcyclist pulled over? One can hear a loud motorcycle. Why not just pull that one over? This is not what happened. One person was even ticketed for loud pipes although the officers did not use a meter to measure the decibel level. One forum member made a statement that you don’t need a meter to see straight pipes. (His assumption of course was that the pipes were indeed straight.) Still, if the law requires a meter, then one should be used.
There is another concern. It seems the police were checking for motorcycle endorsements on the licenses. I didn’t read anywhere that indicated the police pulled over cars and trucks to see if the drivers had a license? There is a whole ball of wax I could go into with this. For example, in some states, you cannot be pulled over simply for non-seatbelt wearing, but if pulled over for other reasons can be ticketed if you are not wearing your seatbelt. Well, if the pipes are loud, pull the person over, and then look at his license, check to see if he’s inspected, if he has an approved helmet etc. Can you see how things would go if the police pulled over every vehicle on a particular given day to inspect if your wearing your seat belt, if your license plate is displayed properly, if you are indeed licensed? We can’t seem to get habitual offenders off the road, but it seems OK to target a particular group.
In three other towns of this fine state, checkpoints are being set up to stop bikers with loud pipes. The police will be equipped with decibel readers and will not ticket but “educate” the rider about legal noise limits. That sounds better to me. In NY, the police set up roadblocks and stop motorcycles that are on their way to Lake George for the annual rally. There are some legal and constitutional issues with targeting groups. Motorcycle only roadblocks in my opinion violate Fourth Amendment right to be free from unreasonable search and seizure. Stopping a particular group on the way to a gathering is a violation of the First Amendment rights to freedom and assembly and freedom of association.
“What’s the big deal” I have had some say to me. It is believed that it will blow over, and the citizens will once again have a quiet corner. The big deal is that as a nation we have become complacent at having are liberties chiseled away, little by little. Why? Because “what’s the big deal” or “why rock the boat.” I say if you don’t stay vigilant you will soon be stripped of the liberties that are granted to you in the Constitution. Now don’t even get me started about banks demanding they fingerprint you just to cash a check.
I know I have rambled and this is not my typical free flowing form, so here are a few links to help you understand the magnitude of the problem.
http://www.telegram.com/article/20090726/LETTERS/907260433
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090522/NEWS/905220324
http://www.fox61.com/news/wtic-bikers-complaints-with-cops-0722,0,7908266.story
http://www.salemnews.com/punews/local_story_204232851.html
And I don’t have a link for this but here’s the text:
NEW YORK, NY--(Marketwire - 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.
For further information please contact Proner & Proner at 60 East 42nd Street, Suite 1448, New York, New York 10165, (212) 986-3030 or on the web at
www.bikerhelp.com
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