11/09/06 From: Tony Pan Sanfelipo- pan@mfhupy.com
California Bikers File Lawsuit against CHP.........
(Note: BOLT as used in the news item is for Bikers Of Lesser Tolerance which was founded by Tony Pan)
The basis for this suit was discussed at the recent MRF Meeting of the Minds in Lebanon, Indiana. Richard Quigley's victories in California courts have been well documented. His choice of headgear is a BOLT cap, with the letters DOT embroidered on the back. He recently had nine helmet tickets dismissed in a well publicized court battle where the DA and the CHP could not prove his cap was not a helmet and met the standards set down in FMVSS 218.
Some at the Meeting of the Minds stated that "last time we looked, California still had a helmet law." Well, that's probably attributed to two factors. One: most bikers are still putting helmets on instead of casting them aside. Two: the CHP is ignoring the rulings that came down saying the law was unconstitutionally vague. Finally, ABATE of California is coming forward by means of a Judicial Committee headed by Mike Osborne, and has raised some money to help finance the legal costs of filing a new complaint for injunctive and declaratory relief. Well known and respected attorney Wendy Cole Lascher, of Lascher & Lascher, has been retained to argue the case. Below is the press release that went out on November 8, 2006. Hopefully, ABATE of California will be able to assist Quigley and co-plaintiffs, Steve Bianco, Don Blanscet, Steve Barron and Patrick Holmes in attaining the injunction against the CHP, Commissioner Mike Brown and Christina Manriquez, CHP Commander in Santa Cruz County.
BIKERS SUE CHP
Santa Cruz, California. Today a small but determined band of California bikers filed a lawsuit to stop the enforcement of California's 14 year old motorcycle helmet law for adults. Leading the charge is nationally known Appellate Lawyer Wendy Lascher who will be prosecuting the action against the California Highway Patrol. Supporting the effort are many individual motorcyclists and ABATE of California, a statewide motorcyclist's rights organization.
The petition asks the court to issue an injunction against the enforcement of the helmet law. The suit stems from an earlier decision by Santa Cruz County Judge Michael Barton finding the law unconstitutional as applied. Over the past almost decade and a half California's helmet law has seen conflicting decisions by almost every trial court where motorcyclists have appeared. Most of these citations have been given to bikers who were wearing helmets. There have been convictions of bikers for violations as bizarre as a citing officer finding the labeling letters on a helmet a 1/16 of an inch too small.
Over the years the helmet law has been the recipient of two separate State Appellate Court decisions and one Federal Court decision by the 9th Circuit Court of Appeals. Even with the weight of these many decisions behind them the bikers contend that the California Highway Patrol and its allied agencies are still misapplying the law. Last August Judge Barton agreed and, at the end of a struggle as old as the helmet law itself, found Aptos activist Richard Quigley not guilty and found the helmet law unconstitutional as applied by the CHP and other police agencies involved.
For information contact Wendy Lascher (805) 648-3228
Tony “Pan” Sanfelipo
©I.M.R.A., Inc 2006