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November 18, 2006


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SONS OF LIBERTY RIDERS E-NEWS

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Contents:

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1. Helmet law is focus of lawsuit
2. Lautenberg to chair Transportation subcommittee
3. Officers Learn More About Motorcycle Gangs
4. An Open Letter to Brian Benczkowski
5. Scorecard on Highway Safety Laws
6. State Senator Tim Burchett catches motorcycle thieves
7. DWI Manuals Available Now!
8. Link Found Between Former Soldiers, Motorcycle Deaths
9. New Citizenship Test to Get Tryouts Soon
10. New Monroe program urges motorcycle safety (Virginia)
11. HOA Rule Forbids Couple To Smoke In Their Own Home
12. Arizona ranked last in highway safety The Business Journal of Phoenix
13. Students at Calif college ban Pledge of Allegiance
14. AMA Rejects Proposal to Tax Soft Drinks
15. Jury finds Mason City not negligent in motorcycle crash
16. Immigration by the Numbers
17. From the Lighter Side of the Saddle Bag....
18. Show your support for the fight.
http://www.solriders.com/products/

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1. Helmet law is focus of lawsuit
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CALIFORNIA:
http://www.theunion.com/article/20061110/NEWS/111100117
Helmet law is focus of lawsuit
Group says rule about headgear is too vague

By Jill Bauerle, jillb@theunion.com
November 10, 2006

A local motorcyclist and four others filed a civil lawsuit against the California Highway Patrol on Thursday alleging that the state's helmet law is unconstitutional.

The seven-page suit, filed on behalf of the motorcyclists by attorney Wendy Lascher of Ventura, argues that the 14 year-old law is vague and violates the plaintiffs' Fourteenth Amendment rights because it doesn't adequately describe a correct helmet.

"I have spent thousands of dollars fighting this and I've committed thousands more," said Don Blanscet of Penn Valley.

The suit cites an August 16, 2006, ruling by a Santa Cruz judge dismissing a plaintiff's traffic citations for not wearing a helmet on the grounds that the law is unconstitutional. An appeal of the decision is still pending in the 6th District Court of Appeals.

The plaintiff in the August ruling, Richard Quigley of Aptos, was one of the five who filed the lawsuit on Thursday. Quigley said one of the reasons behind the lawsuit was to force the issue of the constitutionality of the helmet law. His perception is that the courts are slow to respond to the August ruling.

"After the judge told the CHP what they were doing was unconstitutional, and they said that they didn't care, I was sort of compelled to make them care," Quigley said. "They didn't leave me much choice."

Lascher said that she thought the case had "an excellent chance" of winning. "The issue here is limited," Lascher said. "It's whether the helmet law we have creates a clear enough standard that anyone who looks at it can say, 'this helmet qualifies. This helmet doesn't qualify.'"

Both this summer's ruling and the suit filed by Lascher focus on a catch-22 within California Vehicle Code statutes 27802 and 27803 that define the law.

Statute 27803 requires that motorcycle drivers and passengers wear a helmet that complies with Statute 27802. But a quick read-through of Statute 27803 reveals requirements imposed on manufacturers and sellers of motorcycle helmets. The law requires that helmets meet regulations imposed by Federal Safety Standard 218, a test protocol that requires laboratory tests.

Lascher argues in her complaint that it's impossible to tell by visual inspection whether or not a helmet passes these tests.

Blanscet was hopeful that the helmet law could be overturned after fighting 63 tickets for violating the helmet law. He said that his week he spend two days in a Placer County traffic court fighting a ticket.

"I'm starting to think that the dam is cracking," Blanscett said. "If the judge issues an injunction, you can kiss this law away."

The California Highway Patrol could not be reached for comment.

Read the lawsuit by clicking on the document on the right side of this page.

Go to a related article about the August ruling:
http://theunion.com/article/20061009/NEWS/110090153&;SearchID=73262467052230

To contact Staff Writer Jill Bauerle, e-mail jillb@theunion.com or call

477-4219. ----------------------------------------------------------------------------------------
2. Lautenberg to chair Transportation subcommittee
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http://www.pressofatlanticcity.com/news/newjersey/story/6940828p-6803775c.html

Lautenberg to chair Transportation subcommittee

The Associated Press
(Published: November 16, 2006)
WASHINGTON (AP) - New Jersey Democratic Sen. Frank Lautenberg will be chairman of a transportation subcommittee when the new Congress convenes in January, his office said Thursday.

Lautenberg will head the Transportation Safety, Infrastructure Security and Water Quality Subcommittee. Among the issues Lautenberg said his panel will deal with are drunken driving, MOTORCYCLE SAFETY, chemical plant security and oil spills.

"This chairmanship will allow me to provide greater safety and security for New Jersey's transportation systems," Lautenberg said. "This panel will also lead the way in protecting the quality of water on our shore and in our rivers, lakes and wetlands."

Besides his seat on the Commerce, Science and Transportation Committee, Lautenberg will also serve on the Appropriations Committee and the Environmental and Public Works Committee.

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3. Officers Learn More About Motorcycle Gangs
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http://www.keloland.com/News/NewsDetail6371.cfm?Id=0,52493 Officers Learn More About Motorcycle Gangs State law enforcement leaders call them "the modern mafia."

Thursday, at the law enforcement convention in Sioux Falls, officers from throughout South Dakota learned more about outlaw motorcycle gangs.

There are three known chapters of the Bandidos gang in South Dakota, two in Rapid City and one in Sioux Falls. There are also two chapters of the Hermanos ˜ a support group to the Bandidos. One is in Brookings and one in Rapid City.

The Sturgis Motorcycle rally is when outlaw gangs are in the spotlight, but they are actually here year-round.

A gunfight during the Sturgis Motorcycle Rally sent the motorcycle gang "The Outlaws" home without three of its members. Police arrested two members of the Hells Angels gang for allegedly shooting them and two women. But officers say those gangs are involved with many types of illegal activity.

"You'll see members involved in violent crimes - the shootings this summer. See a lot of the members involved in the drug trade. See a lot of the members involved with prostitution. Anything they can do to further the club," says Trevor Jones, assistant director of the state Division of Criminal Investigation.

To prevent incidents like the rally shooting in the future, officers are keeping up with trends among the gangs.

"It's more about the associations amongst the clubs," Jones says. "Who gets along with who. Who doesn't get along with who. Maybe areas they've expanded in, that they haven't expanded in before. "

This year, 182 chapters of the various motorcycle gangs attended the Sturgis Rally. Because there are so many, officers see the rally as way to research the trends each year. And that's important because officers in the state deal with motorcycle gangs year-round.

"And they're right here in South Dakota. Today," Jones says. "They're riding bikes. You'll see them on every street, every highway, depends where you're at. They're here not just during the week of Sturgis."

Agents in charge of monitoring motorcycle gangs say it's common for the gangs to have defense funds to help members standing trial. Chad Wilson and John Midmore are the Hells Angels members charged in Custer County with attempted murder. Their trial is set for next June.

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4. An Open Letter to Brian Benczkowski
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ALERT FROM JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP America's Aggressive Civil Rights Organization

November 13, 2006

JPFO ALERT: An Open Letter to Brian Benczkowski

ATF Chief of Staff

Dear Mr. Benczkowski,

We'd like to congratulate you on your new position as Chief of Staff for the Bureau of Alcohol, Tobacco, Firearms and Explosives. As you know, the BATFE has experienced several embarrassments recently, such as the discovery that agents were improperly talking to the neighbors and relatives of people who were buying firearms at Virginia gun shows. This incident, as well as several related ones, prompted the recent BATFE hearings in Congress.

There are also problems with your Firearms Technology Branch, which arbitrarily designates certain firearms or accessories as "legal" or "illegal". We say arbitrarily because we have seen multiple instances of items that are categorized as "legal" suddenly recategorized as "illegal"

months and even years later. Worse, owners of these items are seldom notified that their once-legal property is suddenly illegal. These law-abiding citizens become "criminals" overnight, and are completely unaware of it!

The Firearms Technology Branch has also been known to incompetently "test" firearms. In at least one case, the testing agent declared a rifle to be an illegally modified machine gun because he was able to force it to rapid-fire.

It was only after a third party disassembled the rifle that it was found to have a malfunctioning part. To think that a man's life, freedom, and livelihood rested on the findings of the Firearms Technology Branch ... and the BATFE didn't even bother to inspect the rifle. It's not entirely surprising, of course, considering that the BATFE has no written, standardized procedures for performing these tests.

We know such improprieties will not knowingly be permitted to take place on your watch. Additionally, we hope that you will seriously examine the cases of the hundreds or more firearms owners who may have been falsely imprisoned as a result of these poorly-executed tests.

We would like to offer you a complimentary copy of our book _"Gun Control": Gateway to Tyranny_, which illustrates the connections between the 1968 Gun Control Act and the 1938 Nazi gun control laws. The two are eerily similar.

_Gateway_ also reproduces a letter from Louis Coffin at the Library of Congress to Senator Thomas Dodd, who had a copy of the original Nazi laws and wished for a translation.

Senator Dodd, it should be noted, was a primary author of the 1968 GCA. Would you or the Justice Department be willing to open an investigation into the use of Nazi laws as a model for American gun laws that infringe on the rights of Americans?

As evidenced above, the BATFE has been riddled with greed, arrogance, dishonesty, and incompetence from its inception.

Despite numerous attempts at "reform", these problems still exist, and as a result, we've come to believe that the best "reform" would be total abolishment of this agency.

Although you may not initially agree with this proposal, we ask that you seriously examine it. If nothing else, coming from Congress, you might want to consider that the party that ultimately abolishes the BATFE would be assured of political power for decades -- 60 million gun owners would respond favorably.

You may be aware that our organization is currently in production on a new documentary entitled _The Gang: Using the Law to Destroy Your Freedom and Security_. This film is admittedly highly critical of the BATFE for many of the reasons listed above. As we are still in production, we'd like to offer you the opportunity to appear on camera for the film. This would provide you with the freedom to express your opinion and any disagreements you may have with our view of the BATFE.

In closing, we ask that you please take the time to address our concerns and let us know if you will pursue justice.

Sincerely,
Aaron Zelman

Executive Director

Jews for the Preservation of Firearms Ownership www.jpfo.org

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5. Scorecard on Highway Safety Laws
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D.C. and Washington State Receive Top Rankings in National Scorecard on Highway Safety Laws; Arizona, Ranked Lowest

Emergency Nurses Association Study Comes as Americans Prepare to Take to the Roads for Thanksgiving Holiday

11/16/2006 9:00:00 AM
____________________________________
To: National Desk
Contact: Meredith Klein, _kleinm@fleishman.com_
http://releases.usnewswire.com/redir.asp?ReleaseID=76437&Link=mailto:kleinm@fleishman.com or 312-751-4197, or Tarsis Lopez, _lopezt@fleishman.com

http://releases.usnewswire.com/redir.asp?ReleaseID=76437&Link=mailto:lopezt@fleishman.com or 312-751-3617, both for the Emergency Nurses Association

CHICAGO, Nov. 16 /U.S. Newswire/ --
Washington, D.C., and the state of Washington were the only locations to receive perfect scores in an Emergency Nurses Association (ENA) study released today that ranked states on a scale of one to 10 for having highway laws that promote safety and injury prevention. The "2006 ENA National Scorecard on State Highway Laws: A Roadmap for Injury Prevention" ranked Arizona at the bottom of the survey, with a score of two out of a possible 10. The scorecard is designed to educate legislators and the general public about their state's strengths, weaknesses and level of risk at a time of increased travel during the holiday season.

The scorecard rankings were based on ENA criteria derived from five policy areas that come under the jurisdiction of the states, four of which focused on the presence of highway safety laws including primary seatbelt laws, child passenger safety laws, graduated driver licensing (GDL) and universal motorcycle helmet laws. The fifth measure evaluated each state's capacity to respond to severe emergencies by determining the existence of initiatives that would allow a state to establish a statewide trauma system.

"We've released the scorecard at a time of increased emphasis on disaster preparedness, which can overshadow the fact that more than 40,000 fatalities occur on our roadways every year," said Nancy Bonalumi, RN, MS, CEN, ENA president. "The scorecard is designed to educate ENA members and the general public about each state's strengths and weaknesses so that they are empowered to advocate for change. While we can not be free of risk, it is necessary to take all possible steps toward preventing injury."

The ENA's Injury Prevention Institute, which compiled the scorecard, emphasizes that safe driving is a public health issue. In 2004, 42,836 people were killed in motor vehicle crashes. In 2005, there was a 1.4 percent increase over the 2004 data, raising the total to 43,443 people killed. This level is the greatest number of fatalities from traffic crashes since 1990. The scorecard aims to enhance collaborative efforts at the local, state and national levels to encourage implementation of effective injury prevention programs and policies to help save lives.

Key information from the report: -- Locations with the most highway safety and injury prevention laws in place according to ENA criteria include Washington, D.C., Washington, California, Georgia, New Jersey, North Carolina, Oregon and Tennessee

-- States with the fewest highway safety and injury prevention laws in place include Idaho, North Dakota, Ohio, Arkansas, Minnesota, South Dakota and Arizona

-- Six states currently do not have established statewide trauma system and have no plan in place for establishing a trauma system to respond to medical emergencies

"Every year emergency nurses treat thousands of patients who are the victims of traffic accidents that might have been prevented," Bonalumi said. "We recognize the importance of laws in promoting safe driving and preventing injury, particularly around Thanksgiving and other busy holiday seasons. We hope that his scorecard will serve as a wake up call on all levels."

Scorecard rankings:
District of Columbia -- 10
Washington -- 10
California -- 9
Georgia -- 9
New Jersey -- 9
North Carolina -- 9
Oregon -- 9
Tennessee -- 9
Delaware -- 8
Illinois -- 8
Maine -- 8
Maryland -- 8
Missouri -- 8
New Mexico -- 8
West Virginia -- 8
Wisconsin -- 8
Alaska -- 7
Colorado -- 7
Connecticut -- 7
Hawaii -- 7
Michigan -- 7
New York -- 7
Oklahoma -- 7
Pennsylvania -- 7
Vermont -- 7
Virginia -- 7
Alabama -- 6
Indiana -- 6
Kentucky -- 6
Louisiana -- 6
Montana -- 6
Nebraska -- 6
Nevada -- 6
South Carolina -- 6
Texas -- 6
Utah -- 6
Wyoming -- 6
Florida -- 5
Iowa -- 5
Kansas -- 5
Massachusetts -- 5
Mississippi -- 5
New Hampshire -- 5
Rhode Island -- 5
Idaho -- 4
North Dakota -- 4
Ohio -- 4
Arkansas -- 3
Minnesota -- 3
South Dakota -- 3
Arizona -- 2

For more information on the scorecard and to learn more about the survey's ranking system/criteria, visit _http://www.ena.org_

(http://releases.usnewswire.com/redir.asp?ReleaseID=76437&Link=http://www.ena.org) Media wishing to arrange an interview with ENA president Nancy Bonalumi should contact Tarsis Lopez at _lopezt@fleishman.com_
(http://releases.usnewswire.com/redir.asp?ReleaseID=76437&Link=mailto:lopezt@fleishman.com) or 312-751-3617. ----------------------------------------------------------------------------------------
6. State Senator Tim Burchett catches motorcycle thieves
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http://www.newschannel5.com/Global/story.asp?S=5690171

State Senator Tim Burchett catches motorcycle thieves

KNOXVILLE, Tenn. State Senator Tim Burchett said he caught a group of minors who were trying to steal his motorcycles.

The Knoxville lawmaker told W-B-I-R-T-V he held three minors and one adult at gunpoint yesterday until authorities arrived.

Burchett said he's been staking out his property after a motorcycle was stolen about two weeks ago. The motorcycle was later recovered.

Burchett said the individuals need to be held accountable for their actions, but justice can be sweet.

While holding them at gunpoint, Burchett gave cookies to the would-be thieves because they were hungry.

NOTE from Renegade of Tennesse:

We are blessed. Tim is definitely our "biker in the statehouse". He and Senator Jamie Woodson (my State Senator), whose district covers the other half of Knox County and beyond are very pro-biker, pro-Second Amendment and pro-Liberty minded state legislators. You would not believe the negative spin that the liberal media is putting on this here locally. Every gun control school marm in the area is speaking some kind of crap.

Three days ago, one of our Knox County Commissioners foiled a robbery attempt at his car lot by drawing his .380 just enough faster than his would be robber to have a bead on his head before the 19 year old, gun wielding thief knew what happened.

The liberals are having a field day with their accusations and condemnations over these events. I was talking to a local business owner tonight about how we could throw a congratulations party for both of them. I think we're going to "git 'er done" as they say around here.

As much bullshit as is spun, Tim ran for his State Senatorial seat this year as an incumbent, unopposed. Jamie, who is a top notch lawyer, an avid duck hunter and equestrian competitor as well as a hell of a good person to be my senator will have more help than she will know what to do with in her 2008 run.

Renegade

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7. DWI Manuals Available Now!
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The Updated Version of the NHSTA DWI Detection and Standardized Field Sobriety Testing Manuals are Now Available!

The "Bible" of DUI Standardized Field Sobriety Tests (SFSTs), the manual describes how SFSTs are to be administered under ideal conditions and is used nationwide to teach police officers how to properly do their jobs. A powerful tool when cross-examining the administering officers; in a bound book format for easy referencing.

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Preview the Student Manual's Table of Contents!

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Washington DC 20036

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alison@nacdl.org or call (202) 872-8600 X 248.

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8. Link Found Between Former Soldiers, Motorcycle Deaths
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http://www.wjactv.com/news/10325324/detail.html

Link Found Between Former Soldiers, Motorcycle Deaths

Some veterans said adjusting to civilian life after being in combat is no easy task and riding a motorcycle can fill the need for an adrenaline rush.

However, across the region, that combination has become increasingly deadly.

On May 7, 24-year-old Marine Sgt. Ryan Pearson, of Arkansas, was killed on his motorcycle on the McNally Bridge on Route 219. On Aug. 22, 22-year-old Jeff Keyser, a Richland Township firefighter and a former airman, died after crashing his motorcycle on Elton Road, in Geistown.

The circumstances, though still under investigation, prompted investigators to take a closer look at the relationship between former soldiers and motorcycle deaths.

"We did a little research on it and found out that, in fact, it's a phenomenon that is happening across the nation," said Detective Kevin Lehman, of the Richland Police Department.

According to the Naval Safety Center's website, from 2002-2006, 624 Marines and sailors were killed in private motor vehicle deaths. Of those, 176 were motorcycle deaths. When adding Army soldiers, the number of motorcycle deaths totaled about 350 since 2001.

"At one time...there were actually more soldiers being killed in civilian life in motorcycle accidents and vehicle accidents than were dying in Iraq," Lehman said.

Experts said adrenaline is behind the phenomenon.

Gordon Mathers, of the VA Medical Center, said, "When they come back to the U.S., there's no switch there to just say that it's all over. 'I don't miss the combat, but I miss being up and ready.'"

Mathers said he likens the rush to a drug addiction.

"They get addicted to the adrenaline. It puts them on a high. It's a drug in itself," he said.

Mathers said the more a soldier is involved in combat, the greater the need for adrenaline when he or she comes home. He said the problem of motorcycle deaths has increased so much, the U.S. Army instituted a mandatory safety training class for bike owners.

Army Reserve Chief Jason Pitts said the class teaches riders safety techniques that many riders don't typically know.

Lehman said the findings were a "wake-up call for the military that we have to address. We're trying to be safe with our troops in Iraq and something is falling short back here in the U.S."

He said the issue actually started back in World War II with the military surplus of motorcycles. He also said that was the origin of the famous motorcycle group the Hell's Angels.

If you or a loved one needs help dealing with overwhelming feelings of adrenaline, please call the VA Medical Center at 877-626-2500.

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9. New Citizenship Test to Get Tryouts Soon
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New Citizenship Test to Get Tryouts Soon

Monday, November 13, 2006

http://www.foxnews.com/printer_friendly_wires/2006Nov13/0,4675,CitizenshipTest,00.html

BOSTON - Boston and nine other cities will be trying out a new citizenship exam that tests applicants' grasp of the American democracy.

The current test is heavy on historical facts, and includes questions about the colors of the U.S. flag and the name of the form used to apply for citizenship. The new exam will ask about the Bill of Rights and the meaning of democracy.

"The intent is to create a test, and a testing process, that is fair and meaningful," said Shawn Saucier, spokesman for the Office of Citizenship and Immigration Services." It is not to make it harder ... The new test is designed to encourage immigrants to really look at our history and government, and what we value as a society."

Starting this winter, the test will be offered on a voluntary basis in Boston and nine other cities. Officials have not announced the other cities that will offer the test, Saucier said.

In 2008, the exam will be given to all applicants for naturalization.

During the pilot project, officials hope to work out any problems with the test and refine the exam by administering it to 5,000 people. To pass the test, immigrants must correctly answer six of 10 questions.

Some immigrant advocates say a more sophisticated set of questions could make the exam more difficult to pass and raise the bar for citizenship too high.

"We are highly suspicious of their motives for (redesigning the test),"said Joshua Hoyt, executive director of the Illinois Coalition for Immigrant and Refugee Rights, which drafted a letter to federal official. "We think that it may be designed to make it difficult for less-educated immigrants to become citizens."

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10. New Monroe program urges motorcycle safety (Virginia)
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http://tradoc.monroe.army.mil/casemate/stack/111006motorcycle.htm

New Monroe program urges motorcycle safety

BY E DAVID VIDA
CASEMATE STAFF WRITER

Through comraderie, mentorship and occasional excursions on the open road, a new program here plans to build biker safety for years to come.

The Fort Monroe Motorcycle Association began meeting earlier this month. Group leaders are looking for members who are interested in improving their riding skills, as well as seasoned riders willing to mentor those who are just getting the feel for their bikes and the road.

Due to a summertime string of fatal accidents involving Soldiers, the emphasis of motorcycle safety has become a top priority across the Army. In recent months, two installation motorcycle safety rides drew sizeable crowds from not only the Monroe community, but also other service branches and military installations throughout Hampton Roads.

„We want to keep that momentum going,‰ said David Speigner, who is spearheading the group. „Our purpose is to support the Fort Monroe community by establishing and maintaining a spirit of comraderie among riders. We‚re going to stress rider education and skills development to reduce the potential of motorcycle accidents.‰

The FMMA is open to all military, civilian and contract employees on the installation, as well as Department of Defense retirees and other service members residing in the area.

Though their meeting schedule is considered „tentative‰ at the moment, the FMMA plans to hold monthly meetings once they get settled into a regular routine. For now, their meetings will be held in the classroom adjacent to the Fitside Perk at the Fort Monroe Fitness Center during the lunch hour, Speigner noted.

Along with their regular meetings, the group is planning social events and rides of varying distances. Speigner would like the group to take a trip to the Blue Ridge Mountains if they can work out the logistics. He will also push for barbeque socials.

„We want to make it fun as well as educational,‰ he said. „We want to build friendships and community relations.‰

For those who currently ride motorcycles, or are interested in owning one, these meetings will provide the necessary information and feedback that could possibly prevent a future incident resulting in damage, injury or death.

Speigner said some of the topics the group will focus on during their meetings include: accident avoidance measures, proper motorcycle maintenance and recommended safety equipment.

Occasionally, they will invite outside motorcycle safety experts to their meetings to share insights and answer any questions the members may have.

„We want to provide the needed resources to motorcyclists and conduct our organization according to the standards, traditions and customs of the U.S. Army,‰ Speigner concluded.

For more information about the association or future events, current and potential members can contact Speigner at 788-4886.

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11. HOA Rule Forbids Couple To Smoke In Their Own Home
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http://www.thedenverchannel.com/news/10336501/detail.html

HOA Rule Forbids Couple To Smoke In Their Own Home Judge Upholds Homeowners' Association Order

GOLDEN, Colo. -- A judge has upheld a homeowners association's order barring a couple from smoking in the town house they own.

Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.

"We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said.

The Heritage Hills #1 Condominium Owners Association was responding to complaints from the Sauves' neighbors who said cigarette smoke was seeping into their units, representing a nuisance to others in the building.

In a Nov. 7 ruling, Jefferson County District Judge Lily Oeffler ruled the association can keep the couple from smoking in their own home.

Oeffler stated "smoke and/or smoke smell" is not contained to one area and that smoke smell "constitutes a nuisance." She noted that under condo declarations, nuisances are not allowed.

The couple now has to light up on the street in front of their condominium building.

"I think it's ridiculous. If there's another blizzard, I'm going to be having to stand out on the street, smoking a cigarette," said Colleen Suave.

For five years the couple has smoked in their living room and that had neighbors fuming.

"At times, it smells like someone is sitting in the room with you, smoking. So yes, it's very heavy," said condo owner Christine Shedron.

The Sauves said they have tried to seal their unit. One tenant spent thousands of dollars trying to minimize the odor.

"We got complaints and we felt like it was necessary to protect our tenants and our investment," said Shedron.

The Suaves said they would like to appeal the judge's ruling but are unsure if they have the money to continue fighting. They said what goes on behind their closed doors shouldn't be other people's business.

"I don't understand. If I was here and I was doing a lawful act in my home when they got here, why can they say, 'OK, now you have to change,'" said Colleen Suave. "We're not arguing the right to smoke as much as we're arguing the right to privacy in our home."

Other homeowners believe, as with loud music, that the rights of a community trump the rights of individual residents. The HOA is also concerned that tenants will sue those homeowners for exposure to second-hand smoke and this could be a liability issue.

The couple said that they would like to unload their condo and get out of the HOA entirely, but they are not sure if the real estate market is right.

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12. Arizona ranked last in highway safety The Business Journal of Phoenix
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http://phoenix.bizjournals.com/phoenix/stories/2006/11/13/daily31.html?jst=b_ln_hl

Arizona ranked last in highway safety The Business Journal of Phoenix

Mike SunnucksThe Business Journal

A group has ranked Arizona last in the country when it comes to highway laws and rules that promote safety and injury prevention.

The Emergency Nurses Association issued the ranking as part of a new study that examines state laws mandating use of motorcycle helmets and auto seat belts, child passenger safety rules and driver's license requirements.

Arizona ranked 51st -- dead last -- just ahead of South Dakota, Minnesota and Arkansas. The District of Columbia and the state of Washington tied for first and California tied for third with five other states.

Arizona does not require motorcycle riders to wear helmets and has high rates of drunk driving and uninsured drivers.

The study also looked at states' emergency services and trauma centers and their ability to respond to highway accidents.

The poor ranking is the latest in a number of quality of life indicators in which Arizona ranks poorly. A Kansas research group ranked Arizona as the "dumbest" state in the union. Arizona also has high crime rates, the nation's highest per-capita identity theft rate and the worst high school dropout rate when compared to other states.

Republican gubernatorial challenger Len Munsil attempted to make the state's poor rankings in crime and education an issue in his unsuccessful bid against Democratic Gov. Janet Napolitano.

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13. Students at Calif college ban Pledge of Allegiance
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http://news.yahoo.com/s/nm/20061110/us_nm/life_pledge_dc_
Students at Calif college ban Pledge of Allegiance

By Dan WhitcombFri Nov 10, 1:53 PM ET

Student leaders at a California college have touched off a furor by banning the Pledge of Allegiance at their meetings, saying they see no reason to publicly swear loyalty to God and the U.S. government.

The move by Orange Coast College student trustees, the latest clash over patriotism and religion in American schools, has infuriated some of their classmates -- prompting one young woman to loudly recite the pledge in front of the board on Wednesday night in defiance of the rule.

"America is the one thing I'm passionate about and I can't let them take that away from me," 18-year-old political science major Christine Zoldos told Reuters.

"The fact that they have enough power to ban one of the most valued traditions in America is just horrible," Zoldos said, adding she would attend every board meeting to salute the flag. The move was led by three recently elected student trustees, who ran for office wearing revolutionary-style berets and said they do not believe in publicly swearing an oath to the American flag and government at their school. One student trustee voted against the measure, which does not apply to other student groups or campus meetings.

The ban follows a 2002 ruling by a federal appeals court in San Francisco that said forcing school children to recite the pledge was unconstitutional because of the phrase "under God." The U.S. Supreme Court struck down the ruling on procedural grounds but left the door open for another challenge.

"That ('under God') part is sort of offensive to me," student trustee Jason Ball, who proposed the ban, told Reuters. "I am an atheist and a socialist, and if you know your history, you know that 'under God' was inserted during the McCarthy era and was directly designed to destroy my ideology."

Ball said the ban largely came about because the trustees didn't want to publicly vow loyalty to the American government before their meetings. "Loyalty ought to be something the government earns through performance, not through reciting a pledge," he said.

Martha Parham, a spokeswoman for the Coast Community College District, said her office had no standing on the student board and took no position on the flag salute ban.

"If their personal belief is that they don't want to say the Pledge of Allegiance, the district certainly isn't going to dictate what they do," she said. More than 28,000 students attend the community college, located in conservative Orange County, California, south of Los Angeles.

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14. AMA Rejects Proposal to Tax Soft Drinks
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http://wtop.com/?nid=106&sid=975234

AMA Rejects Proposal to Tax Soft Drinks
Nov 14th - 5:56pm

By KEN RITTER
Associated Press Writer

LAS VEGAS (AP) - The American Medical Association on Tuesday decided against a proposal to call for taxes on soft drinks as a way to curb consumption of the sugar-laden beverages blamed for contributing to obesity.

"We don't want sugared soft drinks in schools. But a federal tax made a lot of people uncomfortable," said Dr. William Hamilton, a Salt Lake City anesthesiologist who attended the group's meeting at a Las Vegas Strip hotel.

The AMA instead approved a proposal for a broader effort to fight obesity.

The American Beverage Association fought the tax proposal but issued a statement crediting the AMA with adopting "a comprehensive approach to addressing the complex problem of obesity."

Dr. Ron Davis, president-elect of the nation's most influential physicians lobbying group, insisted the idea of taxing soda was not dead. He said soft drinks now account for 7 percent of calories in the American diet _ the No. 1 source of calories.

"The epidemic of obesity in the U.S. has been developing and growing for 30 years, and it's going to take decades to turn it around," he said.

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15. Jury finds Mason City not negligent in motorcycle crash
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http://www.woi-tv.com/Global/story.asp?S=5677366&nav=1LFX
Jury finds Mason City not negligent in motorcycle crash

MASON CITY, Iowa A jury has sided with Mason City in a lawsuit filed by a man who claimed an open fire hydrant caused his motorcycle accident. James Kleven of Mason City was injured in June 2003. He sued the city for negligence, claiming an open fire hydrant being used to water flowers caused the accident.

He claimed there was two to three inches of water in the street, causing him to lose control of his motorcycle.

The city claims that Kleven had been drinking before the crash. He was not charged with drunken driving.

A Cerro Gordo County jury ruled yesterday that the city was not negligent. (Brian Fancher, KGLO in Mason City)

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16. Immigration by the Numbers
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Check out this video
http://video.google.com/videoplay?docid=4094926727128068265&pr=goog-sl&h
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17. From the Lighter Side of the Saddle Bag.....
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Thanks to Chainsaw for sending this in:

Semi-Adult in nature.

This movie was made by the Danish Road Safety Council and aims to draw attention to speed signs and speed limits in Denmark. Despite a decrease in speed violations, 7 out of 10 Danes still exceed the speed limit on a regular basis. Respecting the speed limits is the simplest way to save lives.

http://speedbandits.dk/

-Chainsaw

And thanks to Renegade for providing this smile:

The Politician

While walking down the street one day, a senator is tragically hit by a truck and killed. His soul arrives in Heaven and is met by St. Peter at the entrance.

"Welcome to Heaven," says St. Peter. "Before you settle in, it seems there is a problem. We seldom see a high official around these parts, you see, so we're not sure what to do with you."

"No problem, just let me in," says the senator.

"Well, I'd like to, but I have orders from higher up. What we'll do is have you spend one day in Hell and one in Heaven. Then you can choose where to spend eternity."

"There's no need! I want to be in Heaven," says the senator.

"I'm sorry, but we have our rules." And with that, St. Peter escorts him to the elevator, the doors open, and he rides the elevator down, down, down. When the doors open again, the senator finds himself in the middle of a beautiful green golf course. In the distance is a club, and standing in front of it are all his friends and other politicians who had worked with him.

Everyone is very happy and in formal dress. They run to greet him, and they reminisce about the good times they had while getting rich at the expense of the people. They play a friendly game of golf and then dine on lobster and caviar.

Also present is the Devil, who is a very friendly guy who has a good time dancing and telling jokes. They are having such a good time that, before the senator realizes it, it is time to go. Everyone gives him a big hug and waves while the elevator rises. The elevator goes up, up, up, and the door reopens in Heaven where St. Peter is waiting for him.

So 24 hours pass with the senator joining a group of contented souls moving from cloud to cloud, playing the harp and singing. They have a good time and, before he realizes it, the 24 hours have gone by, and St. Peter returns.

"Well, you've spent a day in Hell and another in Heaven. Now, you must choose where you want to spend eternity."

He reflects for a minute and then answers, "Well, I would never would have thought it, I mean Heaven has been delightful, but I think I would be better satisfied in Hell."

So Saint Peter escorts him to the elevator, and down, down, down he goes into Hell. Now, the doors of the elevator open, and he is in the middle of a barren land covered with waste and garbage. He sees all his friends dressed in rags, picking up the trash and putting it in black bags. And it's hot, hot, hot, and the odor is just horrible.

Sweltering hot. Hot and miserable. The Devil comes over to him and smoothly lays his arm around his shoulder.

"I don't understand," stammers the senator. "The day before I was here, and there was a golf course and club, and we ate lobster and caviar and danced and had a great time. Now all there is is a wasteland full of garbage, and my friends look miserable."

The Devil looks at the senator, smiles, and says, "Yesterday we were campaigning. Today you voted for us."

Author - Unknown

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-- Later Hawk

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Success is determined by EFFORT!!

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Anything can be accomplished, if it's planned right and you have the desire and creativity to execute it. Jesse "The Governor" Ventura

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