Ferrantelli Posted July 5, 2008 #1 Posted July 5, 2008 It's about time! MOTORCYCLE GROUPS THREATEN LEGAL ACTION OVER N.Y. ROADBLOCKS The National Coalition of Motorcyclists (NCOM) announced that its New York attorney has sent a letter of intent to file a class-action lawsuit against New York State Police and the NYS Department of Motor Vehicles in response to a series of discriminatory roadblocks targeting motorcycles en route to motorcycle-related events. After a roadblock was established on New York's I-84 in October 2007, which singled out motorcyclists on their way to a Marcus Dairy Cycle Sunday in nearby Danbury, Conn., motorcyclists' rights advocates learned that Federal Grant money was to be used to fund police overtime to conduct these so-called 'safety checks' at motorcycle events statewide. Despite talks between DMV and representatives of NCOM, the American Motorcyclist Association, ABATE of New York and other motorcycle rights organizations during the winter, roadblocks were also set up on I-88 and the NYS Thruway targeting motorcyclists traveling to the American Motorcycle Jamboree, or AM-JAM, a 24-year old event held at the Cobleskill Fairgrounds, and again on I-87 stopping riders traveling to Americade in Lake George, America's largest touring motorcycle rally. According to Robert 'Prospector' Boellmer, the New England and New York representative of NCOM, Aid to Injured Motorcyclists (A.I.M.) Attorney Mitchell Proner of New York, NY has given notice to the NY State Police and DMV that a class action suit will be filed in protest of the road checks being conducted on state highways during events that draw thousands of motorcyclists. Warren County Tourism Director Kate Johnson said Americade's 2007 economic impact in the region was estimated to have been $46 million. 'The rally brought about 50,000 motorcyclists to the area last year,' she told the newspaper, adding that attendance was down this year. Boellmer told the Daily Gazette that the stops constitute harassment of cyclists and his group will fight them in court to halt the discriminatory roadblocks. He said the national coalition represents more than a thousand motorcycle organizations across the country. 'ABATE of New York, Inc. expresses its opposition to New York State's burgeoning tactic of conducting highway roadblocks which divert only motorcyclists from the state's roadway for the purpose of conducting 'safety checks', and hereby expresses its support of a class-action initiative by the National Coalition of Motorcyclist against the NYS Police and the NYS Dept. of Motor Vehicles,' said Timothy D. Werder, State President of ABATE of New York in an official press release issued by his organization. With the support of ABATE of New York, the AMA and various other biker rights organizations, NCOM officials plan to pursue legal actions against state agencies involved in what they consider unconstitutional infringements.
bongobobny Posted July 5, 2008 #2 Posted July 5, 2008 Haven't had the pleasure of one of those roadsblocks yet, but I applaud the lawsuit!
Ferrantelli Posted July 5, 2008 Author #3 Posted July 5, 2008 Unfortunately I was on my way to the Americade. The Police used a rest stop of a weight station, an electronics sign on wheels was located on the right shoulder about 1/2 mile ahead instructing all motorcycles rider to make the next right for a (factitious) safety road block. If a rider passed the exit, a Trooper in a squad car was ready to chase and did many. Now I do not want to seem that I am against safety. But pulling over a motorist based on the type of Vehicle they are using is a DISCRIMINATORY PRACTICE! no matter how it is sugar coated.
PBJ Posted July 5, 2008 #4 Posted July 5, 2008 The problem that attorneys are going to face is that the highway department and police have been doing the same thing for years to truck drivers. how are motorcycles going to claim harrasment if the police can show that uninspected vehicles and such are being caught. We had better have a strategy that will over come that argument.
Kandaje Posted July 5, 2008 #5 Posted July 5, 2008 Greetings... Because a Motorcycle is NOT a commercial vehicle. Semi-Tractor Trailers are. (nearly always anyway). Without a violation or probable cause - it's harrasment AKA discrimination. Hell - they aren't allowed to harrass Muslem looking people at the airports - But it's perfectly acceptable to strip search a WASP granny and STEAL her toe nail clippers? That's BS... I don't know about you guys but I'm fed up with this Police State nonsense... Every full dress touring/cruiser MC rider I know are THE most safety concious people on the planet. We have to be or we don't last long out there. It's Darwinian by nature and we know it. Write a letter to the event organizers and the chambers of commerce of the towns where they are held - tell them that unless they get on board with the class action law suit - You aren't showing up next year to spend your money. Hit them in the pocket books...
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