|
Join in the Fight for
your Rights!
Please consider making a donation to help the fight.
Individuals and motorcycle groups have
made some donations
to help fight this repugnant law. Your help is needed also.
Go to the
donation page on JusticeRider.com
|
|
Citizen Motorcyclists
ROAR Their
Disapproval of Boston’s EPA Stamp Tax
(Boston, MA--- July 28, 2009) Area
motorcyclists gathered last night at Boston’s Hard Rock Café to
"Make some meaningful NOISE" by "ROARING" with phone calls over the
next two weeks to City Officials and the Greater Boston Chamber of
Commerce.
The message of last night’s second Citizen-Biker Rally at the Hard
Rock Café was co-hosted by the Justice Riders who are Plaintiffs in
the lawsuit
against the City of Boston.
The lawsuit would revoke the repugnant ordinance passed June 9, 2009
calling for a $300 fine on any motorcycle if the self-expiring
Environmental
Protection Agency (EPA) stamp on their exhaust system is not
"readily visible" to Boston’s Law Enforcement officers.
The EPA Exhaust System Stamp is meant to be a consumer protection
and intended to be self- expiring and okay to tamper with once
purchased by the consumer. Individuals wanting to modify their
exhaust system can easily misuse the EPA Stamp without legal
consequences under the city’s new ordinance.
No citations were issued last night. A Boston Police detail
officer advised the motorcyclists that he had not yet been made
aware of the repugnant
ordinance.
"All riders repulsed by this unfair act enacted by Boston’s
Municipal Officials, in conflict with State Statues and Regulations,
can ‘EPA’ meaning ‘
Either Pay or Act’ to help revoke this ordinance, "said Paul W.
Cote` of Amesbury, a co-plaintiff in the lawsuit.
"Two phone calls, for three days, beginning now and throughout the
next two weeks will make Boston’s City Councilors aware of our
indignation," Cote` continued. "At first it might seem awkward, but
you'll get the hang of it and may enjoy the next 3 and 6 calls you
make because you will be making a difference!"
Flyers were passed out to Rally attendees geared towards both
Citizen of Boston and non-Citizen motorcyclists, which included
contact information for City Officials and step-by-step directions for
methodical phone calls including a sample call script. (attached
herein)
Cote` continues, "This is how riders roared to get six bills passed
at the State House benefiting motorcyclists including enactment for
rider safety
and insurance discounts. This is how we'll get this ordinance
repealed. Don't fax or e-mail, make their phones ring off the hook until
they ask us to
stop. Make some meaningful noise!"
"If we don't stop this here and now, this repugnant standard will
come to your City or Town," co-plaintiff Vince Silva said. Silva and
co-plaintiff
Mike Longtin of Easton sold over 85 "Don't Tread on Me - I refuse to
allow the Boston City Council Run My Life" helmet and bumper
stickers at $2 each to help offset expensive legal offense costs.
Similar looking patches will be available at the next Rally
scheduled for Monday, August 10th.
Dave Elias, Business Manager of the MMA contributed a $200 donation
to the Justice Riders from his Association to add to legal offense
funds. The MMA announced earlier it has set up a "defense fund" to
aid cited riders.
Betsy Lister of Medford, Insurance Agent and long-time
motorcyclists’ advocate, was appointed Treasurer for the Justice
Riders as an independent source to reconcile funds advanced and raised.
Since the repugnant ordinance was signed by Boston's Mayor, and the
lawsuit was filed on July 3, 2009, there have been no reports of any
actual
citations issued, only rumors. Co-Plaintiff Larry Cahill of
www.BostonBiker.com told
attendees, "We've heard rumors that some riders may have been
cited. We need them to come forward with their actual citations so we
can demonstrate to the Court's that riders are being harmed."
Co-Plaintiff and long-time motorcyclists’ activist Bill Gannon
implored riders, "Take or download these flyers with instructions how to
'ROAR,' and do it!" Gannon continued, "Your voice will be heard if
you make this meaningful NOISE, and you can make a difference. We'll
never know which call will break the City Councilors ranks. But one
will and it could be yours! Make the calls now! EPA; either pay or
act now!"
Flyer for Boston Residents
Flyer for Non-Boston
Residents |
|
Motorcyclists Ask For
Answers!
Justice Riders' Request
for Documents to be Produced by each of the 13 Boston City Councillors
Justice Riders'
Interrogatories (Questions) to be Answered by each of the 13 Boston City
Coucillors
Justice Riders'
Requests for Admissions of Fact to be Answered by each of the 13 Boston
City Councillors |
|
Motorcyclists request
for injunction is not granted
(Boston) Justice Riders who filed suit against the
City of Boston's "EPA Stamp Tax" Ordinance received word
late Tuesday afternoon the Superior Court denied their request for a
temporary restraining order for enforcement of the $300 find
Ordinance.
Yet the riders cheered the Court's decision that places
the City 'on notice' that it may be held responsible for reimbursing
motorcyclists for any
fines imposed, and their costs associated with defending the $300
citations, if their Complaint to strike down the Ordinance is
successful.
In her well reasoned five-page decision, Suffolk Superior Court
Justice Geraldine S. Hines, found the five Plaintiffs, Paul W. Cote,
William E.
Gannon, II, Michael D. Longtin, Vincent A. Silvia, and Lawrence
Cahill, although not Boston residents, had “standing” to bring the action
that would void the Ordinance. However, the plaintiffs
did not meet the standing that "irreparable harm" would be caused to
riders if enforcement took place, as none had been cited and fined
yet. Judge Hines, in her ruling, opened the door that the City
of Boston, and it's taxpayers, may be responsible to reimburse cited
riders for fines imposed and "costs" associated with defending those
imposed fines, should the Court later find the Ordinance be
struck down.
"This is still a partial victory for riders," claimed
Plaintiff Cote of Amesbury. "While we hoped the Judge
would temporarily restrain the misguided EPA stamp enforcement, this
is better than what we hoped for." The Justice Riders will
co-host a EPA (Either Pay or Act) Citizen-Biker Rally Monday night
from 7:00 until 9:00 p.m. at the Hard Rock Cafe in Boston to
celebrate their Court Victory, give further legal direction for
riders,
and raise legal offense funds for the lawsuit by selling stickers
reading "Don't Tread on Me - I refuse to be ruled by Boston City
Councilors" for $2
each. “I am glad the Judge gave us legal standing we
hoped for in this case,” said Plaintiff Mike Longtin of Easton.
“Today is a good day for New England area riders.” "If
the City issues 100 repugnant citations that conflict with State
Statutes and Regulations, those 100 riders may appeal spending at
least $1,000 each in legal fees contesting those $30,000 worth of
citations. Then, should the Court strike down Boston’s
Ordinance, the City and it's taxpayers lose that $30,000 and will
have to reimburse the contesting riders $100,000.00 in legal
fees."
Plaintiff Vince Silvia of Haverhill was more blunt
saying, "The City wants to cite me, I'll contest. I've had my bike
sound tested 5 times, I will
appeal and they can pay me whatever I spend when they lose.
Plaintiff Bill Gannon explained, "Generally, when you contest a
citation,
you bear the appeal fees and costs of proving yourself right and not
wrong." Gannon continued, "Judge Hines told the City of Boston
in her decision that they are exposed. If the five Plaintiffs
successfully prove that that this Ordinance is repugnant and in
conflict with Federal Codes and State Statutes and Regulations,
Boston must reimburse the harm (costs) riders incur." On July
20, 2009, sets of Interrogatories (questions), admissions of fact,
and request for documents were served on the 13 City of Councilors
and Mayor Menino to be answered under oath. Copies of those
discovery requests can be viewed on
www.BostonBiker.com and
www.JusticeRiders.com,
Justice Riders encourage riders with EPA stamps on their
bike attend Monday night's Citizen Biker Rally at the Hard Rock Cafe to
get updated
information and direction for further action. "This matter is not
about noise," claimed Cote`, "It is about the City of Boston
wrongfully imposing this standard that is improper."
Click
here to read the court's decision |
|
Motorcyclist advocates
sue City of Boston
(Boston)
Paul W. Cote of Amesbury, Bill Gannon of Quincy, Vince Silvia of
Haverhill, Mike Longtin of N. Easton, and Larry Cahill of Medford,
have filed suit against the City of Boston asking the Court to restrain
the City of Boston from issuing $300 tickets to motorcyclists and
declare a recently rushed through "noise" Ordinance invalid.
The contents of the lawsuit along with the City of Boston's ordinance (as
attached to the lawsuit) can be downloaded by clicking on this link.
City of Boston lawsuit.pdf
(1.4MB) Riders interested in helping fight this Ordinance are encourage to
contact Cote at
ClaimsCote@aol.com |
|
Riders Rally in Boston
Protest The EPA Stamp Act
 (Boston,
MA) More than 100 citizen-bikers and supporters Monday
night risked $300 citations, riding into the Hard Rock Cafe "Bike Night,"
protesting the recently enacted City of Boston Ordinance requiring
"readily visible" EPA stamps on their exhausts systems.
"I'm proud riders turned out and stood up in defiance of the repugnant
Ordinance," said Paul W. Cote, a Plaintiff in the lawsuit filed against
the City. "I looked at over 80 bikes, and only 3-5 had imprints
'readily visible,' the City could have made over $24,000 but choose not to
apply enforcement tactics. The police detail officer was a rider
himself, and he acted with professionalism and courtesy," claimed Cote.
Riders representing the Buffalo Soldiers MC, the Boston Divaz MC, Beantown
Riders, North Shore Women on Wheels, Boston BABES, Boston HOG, and South
Shore HOG had known representatives present. Also in attendance were
Asphalt Assassins, East Coast Road Runners, Noble Ryderz, Royal Flush and
Wild Image and members of other groups were also there to show their
support. Numerous sport bike riders were also in attendance.
Attorneys Jay Kimball, AMA life member, and Laurie McGhee of Attorney
Joseph Provanzano's Peabody office attended.
Long time motorcyclists activist Bill Gannon of Quincy rallied the riders,
through his cancer ridden throat, blasting the Boston City Council who had
been invited but choose not to attend the rally. Gannon declared
this Ordinance needs to be stopped here and now or it WILL COME to your
city and towns. He challenged riders to "Either Pay now or Act"
(EPA). The riders then answered by donating $305 toward the legal
offense fund.
The City of Boston Law Department has over 60 attorneys and paralegal
staff. But Massachusetts Motorcyclists' Riders For Justice have
heart. We have guts, and that can't be measured in money.
Watch for details for the next Justice Rides event, Monday night, July
27th, again at the Hard Rock in Boston. We aren't going away.
We aren't going to pay. We are going to ACT ! Join us 7/27 in
Boston ! (Photo by Justice Rider Betsy Lister)
Additional photos of the event:
|
| Poster by Bill Gannon showing
EPA imprint on exhaust system
 |
| Boston Globe 7/14 editorial
Muffle those pipes
July 14, 2009
'LOUD PIPES save lives'' is a deeply held belief of many motorcycle buffs.
But it is a claim without scientific merit. Unmuffled pipes serve mostly
to enlarge the egos of motorcyclists, and the sound effects serve mainly
to aggravate or intimidate the so-called cagers in cars and trucks.
Many motorcyclists opt to remove effective sound-control systems and
install loud, aftermarket exhaust systems. Municipalities, therefore, are
right to counter these noise attacks with tough ordinances, like the
recent one in Boston imposing a $300 fine on riders who lack EPA-approved
exhaust labels. Motorcycle advocates have filed suit in Suffolk Superior
Court to block the ordinance, saying that state laws and fines already
regulate noise levels for motorcycles.
Motorcyclists who shun EPA-approved mufflers have only themselves to blame
for the crackdown. They deserve no sympathy from the public. And they
receive no quarter from responsible riding enthusiasts like the American
Motorcyclist Association, which maintains a strong policy against
modifying exhaust systems in ways that disturb the peace. The association
dismisses outright the "loud pipes save lives'' claims of obstreperous
riders, warning that that noisy pipes could actually impair good riding
skills and judgment. The organization also points out accurately that the
failure of some motorcyclists to adhere voluntarily to noise-pollution
concerns is leading inevitably to stricter regulations by local officials.
Some motorcyclists shift blame as often as they shift their bikes. They
point their fingers at loud car stereos and leaf blowers. But while loud
pipes are not the sole source of noise pollution, they are unrelenting,
geographically widespread, and rooted in a zealous belief system.
Motorcyclists should put a muffler on it.
Scot Leigh can be reached at: |
| Editorial rebuttal by Bill
Gannon The author of July 14, 2009's editorial entitles
"Muffle Those Pipes" made some valid points with respect to noise
pollution and quality of life issues impaired by motorcycles with loud
exhaust systems. I commend their effort to bring this issue to public
scrutiny
However, false claims and an obvious lack of research invalidate the
editorial.
It misrepresents the American Motorcycle Association's position on the
issue, who have been advising the Justice Riders' lawsuit against the
Ordinance. I am a Life Member of the A.M.A. as are most
co-plaintiffs.
The author pretends expertise via armchair psychotherapy, thus making
invalid inferences about why motorcyclists modify exhaust systems.
The author further makes invalid assumptions that after-market
manufacturers of motorcycle parts are villains and the perpetrators of his
loud exhaust noise conspiracy. Most after-market exhaust systems are
quieter than original equipment systems, have the EPA stamp upon them and
offer improved and ecological performance.
Consumers go to Midas, when they need to replace their automobile's
exhaust system because Midas prices are more economical than having the
same work performed at automobile dealerships. This holds true
with most after-market motorcycle exhaust systems also. In this
economy Americans are expected to shop around for the best prices.
The author has absolutely no idea about the reasoning behind the Justice
Riders' lawsuit against Boston's new ordinance, which subjects
motorcyclists to $300 fines if their exhaust system do not display a
"readily visible" EPA-stamp. Did the author even read the Ordinance?
In fact, the lawsuit has nothing to do with motorcyclists wanting to
possess noisy exhaust systems. It is about a misguided policy that
will subject law-abiding motorcyclists to unfair penalties.
Boston's City Council did not perform adequate research into this EPA
regulation. They did not consult with motorcycling professionals
before pushing this hastily-approved Ordinance through after only three of
Boston's City Councilors were present for a rushed, obscure public hearing
on the issue.
The EPA Approval procedure for all vehicle exhaust systems was designed at
the Federal level as a consumer protection measure in an effort to protect
the purchaser. It was NEVER designed to be a law enforcement tool
and is ineffective policy for same.
Because of components and styling in the production of many brands of
motorcycling, the "EPA Approval" Stamp cannot be "readily visible" on 98%
of all motorcycles, including Boston Police motorcycles. Also the
EPA Stamp exempts motorcycles and motorcycle exhaust systems produced
before 1982, and after 3730 miles and/or a year.
Some motorcyclists alter their original equipment exhaust systems on their
motorcycles to make them louder by removing the baffles inside of their
EPA stamped mufflers. Therefore, while their motorcycles are
improperly loud according to Massachusetts' statutes, they would "pass"
this EPA Stamp requirement under this Ordinance.
In 1995 I was appointed by Massachusetts Registrar of Motor Vehicles to
re-design Massachusetts' Motorcycle Inspections Procedures. Various
motorcycles' exhaust systems were a well-discussed topic during that
process.
We required Massachusetts' Motorcycle Inspections Procedures to mandate
that motorcycle exhaust systems contain heat shields. Those heat
shields cover the "EPA Approval" Stamps on a large percentage of
motorcycles, requiring the dismantling to see the EPA Stamp.
Furthermore I find this Ordinance immoral by the very nature of it's
exorbitant $300 fine.
Boston led the cry of "Taxation Without Representation" in 1774 over the
Stamp Act that motivated protestors to dump tea in the Boston Harbor.
Citizens have a "right to travel" from one community to another with an
expectation that compliance with State Laws on their vehicles equals
compliance with local laws.
As a proud Massachusetts resident, I totally resent this new "EPA Stamp
Act" in the Capitol City of my home state. I again cry this is
"Taxation Without Representation," for non-residents who work in Boston or
visit the City and spend their money, while the City of Boston seeks to
acquire new revenue off the backs of motorcyclists.
Thus far this Ordinance has only been successful in the acquiring a
significant reduction of revenue for Boston Vendors because thousands of
motorcyclists, offended by the prospect of receiving a $300 ticket, are
avoiding City of Boston tourism events.
The bottom line is that this is just another Boston Government's folly,
akin to other follies like the brown-out closing of Fire Stations rather
than cutting the pork in municipal government.
Most motorcyclists agree that offensively loud noise is a problem.
It should be dealt with by enforcing Massachusetts existing noise laws.
However, the real issue here is that almost every motorcycle compliant
with Massachusetts Statutes are subject to a $300 citation in Boston
because their EPA Stamp is not "readily visible" because of product design
components. Boston's new Ordinance assails law-abiding
motorcyclists who have almost no recourse to right the repugnant Ordinance
-- except through the Court with the success of the Justice Riders'
lawsuit.
William E. Gannon II
Co-Plaintiff
Massachusetts Motorcycle Riders for justice
Quincy, Massachusetts |
|
Editorial rebuttal by Vince
Silvia
Boston "Stamp Act" is Unconstitutional
The recent EPA Stamp Act in Boston violates the Commerce
Clause of the Constitution. It is poorly written with too wide of a
definition to be complied with by a reasonable person. It usurps
Congress's power to regulate Interstate Commerce and the right of
individual freedom of travel.
The Commerce Clause emerged in response to the absence of any Federal
power under the Articles of Confederation. The primary use of the Clause
was to preclude discriminatory local legislation and grants only Congress
may regulate the instrumentalities of interstate commerce, protect persons
or things in Interstate Commerce, and those activities that
substantially affect interstate commerce;
New Hampshire law states that a motorcycle can produce up to 106 Db and
with no reference to EPA regulations or stamp required to own, inspect, or
register a motorcycle.
To illustrate;
I fly in from Iowa, rent the same motorcycle as the Boston Police ride in
New Hampshire and ride into Boston. While I am walking The Freedom
Trail, the parked motorcycle is cited because there is no EPA Stamp
'readily visible'.
Or, I pull up at a stop light next to an officer. He looks over, can't see
the 'readily visible stamp' pulls me over and gives me a ticket for it.
Who should be issued a ticket, me or the owner?
If the rental contract states that I am responsible for any tickets
incurred, how can I be held responsible for the Dealer and/or the
Manufacturer complying with New Hampshire's laws and regulations yet not
with Boston's ordinance?
Does this not infringe upon my right to conduct interstate business?
The Commerce Clause eliminates this situation. Citizens are guaranteed to
freely conduct business and travel the road ways of the United States
without the encumbrance of discriminatory laws every local jurisdiction.
It would impossible for a law abiding citizen to know and comply with
local ordinances from each town they pass through. Boston has no right to
regulate motor vehicle standards. Uniformity and fair application dictate
the laws be set at the State and Federal level. Existing State and Federal
laws address any issues arising from the operation of a motorcycle on the
roadways in United States; they just need to be enforced. Boston's "Stamp
Act" is a repugnant attempt to restrict the freedoms of this great nation
and should be struck down as such. |
| |
