Boston- pipes

[karen]

RELEASE - March 26, 2010

FOR MORE INFORMATION CONTACT
JUSTICE RIDERS - For more info, contact

Paul W. Cote, 978-535-8222, ClaimsCote@aol.com
Bill Gannon,
Mike Longtin, mlongtin@comcast.net -
Vince Silvia, vsilvia@thesilvias.com - 987-852-3626 (cell) Larry Cahill, webmaster@bostonbiker.com -
Betsy Lister, Gypsypashn@aol.com, 781-393-9330


(Boston, MA) Suffolk County Superior Court Judge Charles T. Spurlock dismissed a lawsuit filed by motorcyclists seeking to strike down a "noise ordinance" enacted by the City of Boston last summer.

In a 4-page decision issued March 16th and released March 23rd, the Judge ruled since none of the five (5) Plaintiffs had been ticketed yet, they had "no standing" to bring the lawsuit challenging the Boston Ordinance, which imposes a $300 fine if law enforcement can not readily find an EPA imprint on the motorcycles. His decision did not address the validity of the Ordinance, which still remains unclear. An earlier ruling by another Judge seemed to give the riders standing, as they claimed they rode their motorcycles into Boston for work and pleasure.

"One part of our goal was accomplished," roared Plaintiff Bill Gannon of Quincy, "no tickets were issued to any riders in Boston last summer as a result of this suit, so no biker had to pony up $300 for the Mayor's budget deficit."

The lawsuit was dismissed, "without prejudice," meaning it could be brought back, once tickets had been issued.

"We are looking at our options," claimed Paul W. Cote of Amesbury, another Plaintiff in the suit.

"We're asking the City to issue us tickets now so we can proceed. I'm sure Boston Police and the riding community want to know where this challenge stands with the riding season coming."

Cote claimed the 5 plaintiffs are consulting with their Attorney, Joseph S. Provanzano of Peabody, weight options including filing for "reconsideration" or an appeal to the Appeals Court, or just wait until ticketing starts.

Betsy Lister of Medford, the "Justice Riders" group Treasurer said another group has been soliciting donations from the motorcyclist community for a "defense fund" to fight individual citations issues while the Justice Riders will continue on the "offense" to strike down the hastily enacted Ordinance.

"One way or another, we need a ruling on this EPA regulation," said Plaintiff Mike Longtin of N. Easton.

Longtin says the EPA standard is a manufactures, not consumer standard; that any "assurance" provided by the imprint at the time of manufacturing is only good for one year or 3,730 miles, whichever comes first; and that current State laws and regulations give the Registrar of Motor Vehicles the authority to write the rules motorcycle exhaust systems must comply with and proper testing standards law enforcement need to use to issue tickets for "excessive noise."

Plaintiff Larry Cahill of Medford, who hosts the popular BostonBiker.com web site said, "I'm not going to spend a dime in Boston until this matter is cleared up by the Court," and he'll ask his over 40,000 a month web site visitors to follow his lead boycotting Boston businesses.

"Why consider spending a $100 in Boston for the chance of a $300 ticket?"

According to Registry of Motor Vehicle reports, over 182,000 motorcycles were registered in the State as of September 2009.

"If 30,000 riders aren't spending $100 a weekend in Boston, that's $3 million as weekend Boston businesses lose."

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[karen]

MMA UPDATE-BOSTON SOUND ORDINANCE

Monday, May 3, 2010, the Boston Globe printed an editorial entitled, Motorcycles “Loud Pipes, Real Gripes� in and around Boston: http://www.boston.com/yourtown/arlin...all#readerComm


With the release of this new appeal by the Boston Globe, the MMA urges ALL RIDERS who find themselves cited to immediately contact the MMA at LegislativeDirector@MassMotorcycle.org with details concerning the citation. The MMA is committed to support its members in the fight against this legislation.

The “Boston Noise Ordinance� is based on the existence of an EPA embossed “stamp� on a motorcycle that purportedly signifies compliance with “factory sound emission� standards. Massachusetts State Law does not require your motorcycle carry this EPA stamp and the MMA challenges Boston’s attempt to regulate motorcycle riders through this flawed legislation.

As previously reported by the MMA, Boston passed this “noise ordinance� on June 3, 2009, saw an injunction issued in July 2009, and then saw the 3rd party lawsuit challenging this ordinance dismissed on March 26, 2010.

In contrast to the intimation by City Councilor Sal LaMattina, no citations have yet been issued by the Boston Police since the ordinance went into effect. The “focus� actually refers to an awareness campaign in which Boston Traffic Enforcement left pamphlets concerning Motorcycle Noise on bikes parked in the city.

Acknowledging that responsibility begins with the rider, the MMA reminds Riders that motorcycle sound levels are easily controlled and discretion is urged in urban and evening environments, when sound levels are most noticeable.

Riders are also reminded to remain vigilant and notify MMA Officials each and every time local noise ordinances or bylaws are proposed in their communities.

For more information, contact LegislativeDirector@MassMotorcycle.org or visit http://www.MassMotorcycle.org
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Late update:

Justice Riders Committee has filed Motion to Reconsider:

4/5/10 -Motion to Reconsider filed:
Motion to reconsider page 1
http://justicerider.com/uploads/moti...510_page_1.jpg

Motion to reconsider page 2
http://justicerider.com/uploads/moti...510_page_2.jpg

Motion to reconsider page 3
http://justicerider.com/uploads/moti...510_page_3.jpg

Motion to reconsider page 4
http://justicerider.com/uploads/moti...510_page_4.jpg

Main website:
Justice Riders Committee –Boston, MA: Make some noise 8/6/09

K

[karen]

EPA letter on noise ordinance part of Boston lawsuit | SeacoastOnline.com

EPA letter on noise ordinance part of Boston lawsuit
By Shir Haberman
hamptonunion@seacoastonline.com
September 14, 2010 2:00 AM

NORTH HAMPTON — The information contained in an Aug. 31 letter from EPA Senior Assistant Regional Counsel Timothy Williamson to North Hampton Town Administrator Steve Fournier is now part of a lawsuit against the city of Boston over its motorcycle noise ordinance.

The EPA letter states that just because the U.S. Environmental Protection Agency requires a label on all motorcycle mufflers indicating the noise the vehicle produces does not exceed 80 decibels doesn't mean a municipality has the right to enforce that noise level. The Boston ordinance passed last June seeks to deny the right of motorcyclists to operate their vehicles within the confines of the city if they do not have the EPA label on it.

The motorcycle noise ordinance passed by North Hampton voters at the May town elections has the same requirement.

Peabody, Mass., resident and attorney Paul Cote, along with four other Massachusetts motorcyclists filed suit against the Boston ordinance last year.

"Motorcycles have to be inspected once a year. I have an inspection from Seacoast Cycles up in Newburyport (Mass.)," Cote was quoted by the Newburyport Daily News as saying when the lawsuit was filed in July 2009. "They put a sticker on my license plate, and that gives me the right to operate my motorcycle in all 352 cities and towns in Massachusetts, as well as other states because there's reciprocity.

"The city of Boston does not have the authority to do what it did (in passing its noise ordinance)," he said.

However, a Suffolk County Superior Court judge ruled this past March that neither Cote nor the other plaintiffs in the case had standing to bring a suit against the city because none of them had been ticketed under the Boston ordinance and were, therefore, unharmed by it. The five men have appealed that ruling and have referred to the EPA attorney's letter to North Hampton in their appeal brief filed on Friday, Sept. 10.

No date for a hearing on the appeal has been set yet, Cote said, and as far as he is aware, the Boston Police Department has not issued any tickets under the new city ordinance.

Even if the Boston ordinance eventually passes court muster in Massachusetts, Fournier has said he thinks the town's new motorcycle noise ordinance will still be unenforceable in New Hampshire because of differences in the way the governments of the two states operate.

"We're a 'Dillon Rule' state, (Massachusetts) is a 'Home Rule' state," Fournier said.

In a Dillon Rule state cities and towns can only regulate things the state specifically gives them the right to regulate. Cities and towns in Home Rule states have a greater ability to self-regulate, the town administrator said.

His contention that the differences between the two states would impact whether the North Hampton ordinance can be enforced was supported by the Local Government Center in a letter dated May 28, 2010. The center prepared the letter in response to Fournier's request for a legal opinion on the new motorcycle noise ordinance.

North Hampton Police Chief Brian Page has declined to enforce the town's new ordinance. The Select Board has supported the chief's position, but has not officially ruled on the issue.

[karen]

PRESS RELEASE

FOR IMMEDIATE RELEASE: November 14, 2010

For more information, contact:
Paul W. Cote, 978-535-8222; claimscote@aol.com
Joseph S. Provanzano, Esquire, 978-535-8222; ProvanzanoLaw@aol.com

Local Motorcyclists Await City's Stamp Act Brief

(Boston, MA) Massachusetts’ Motorcycling Activists seeking to strike down an Ordinance, enacted June 2009 that would fine Motorcyclists $300 if they parked within the city limits without an Environmental Protection Agency "stamp" readily visible on their exhaust system, expect to have the City's appeal brief early next week.

Although the City of Boston Passed this ordinance more than eighteen months ago, it has not yet enforced the ordinance or issued tickets due to the Motorcyclists’ legal activism. The Activists, who call themselves of the "Justice Riders" and include all members of the Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.), take satisfaction in the legal caveat that has abated Boston’s enforcement of this repugnant ordinance.

"The City's brief is due with the Court and us on or by November 15th," said famed Massachusetts Motorcycling Attorney Joseph S. Provanzano, of Peabody, representing the five area motorcycle activists who filed suit against the City's ordinance.

The Motorcyclists contest Boston’s authority to enact and enforce the ordinance calling for a $300 fine if an EPA stamp, required for manufacturers to install on new motorcycles, is not "readily visible" to law enforcement officers on a running or parked motorcycle within the City Limits as unfair and in conflict with existing State laws and regulations governing motorcycle exhaust systems.

The Justice Riders claim the State has existing statues dealing with motorcycle exhausts and inspections, and city and town police are required to follow those State laws.

"A State Inspection sticker on my motorcycle says I comply with the statutes and regulations, whether I'm in Amesbury or Boston or Worcester or anywhere in the State," said Paul W. Cote, one of the Plaintiffs in the suit filed immediately after the Boston City Council enacted the 2009 Ordinance.

"The City's Ordinance is repugnant to State statutes," continued Cote.

This past March, Superior Court Judge Charles T. Spurlock dismissed the bikers case writing since the City had not issued any citations against the five plaintiffs, they had "no standing" to bring the suit. The bikers appealed that decision to the Appeals Court, filing their Brief September 10th.

The City had 30 days to filed their responsive Brief, but requested additional time which the Court granted to November 15th.

"We hope the Appeals Court deals with the authority issues," said Bill Gannon of Quincy, "because we'll be back in Court once the first $300 fine is issued. The City is not going to dig out of it's budget woo's off the backs of motorcyclists by raping our wallets with this $300 compost ticket.

A copy of the motorcyclists’ appeals brief can be viewed on www.JusticeRider.com web site.

=end =

[karen]

RELEASE - FOR IMMEDIATE RELEASE - Date April 18, 2011

For more info,contact Paul W. Cote 978-535-8222 or ClaimsCote@aol.com
See www.JusticeRide.com for copies of pleadings


Massachusetts Appeals Court Requests Additional Hearing on Boston's EPA Stamp Act

(Boston, MA) The Massachusetts Appeals Court has given notice to Attorneys for the City of Boston and the Justice Riders, who filed suit in July 2009 to strike down an "EPA stamp" Ordinance for motorcycles or face a $300 fine, that they want "oral arguments" early next month, before issuing a decision.

"This is good news," said Paul W. Cote of Amesbury, one of the Plaintiffs in the suit. "They could have ruled based upon the written briefs submitted late last year and thrown out our petition because no one has yet been cited under the hastily enacted Ordinance as Superior Court Judge Spurlock did a year ago."

Bill Gannon of Quincy, another Plaintiff in the suit and Director of Bikers of Lesser Tolerance of Massachusetts (BOLT of MA) said, "The City of Boston argued we had no standing and now, the higher Court wants to hear more how the City is attempting to raid motorcyclists wallets."

In June 2009, the Boston City Council passed the Ordinance requiring an EPA imprint or stamp be readily visible on all motorcycles in the City, while operating or parked. Law enforcement could issue a $300 citation if they could not locate the stamp.

Attorneys Joseph S. Provanzano and Lauie McGhee of Peabody will argue on behalf of the Justice Riders. Other plaintiffs in the lawsuit are Larry Cahill of Medford, Mike Longtin of No. Easton, and Vince Silvia of Haverhill.

Copies of the pleadings in the case can be viewed on www.JusticeRider.com web site.

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[karen]

Massachusetts Motorcyclists’ Celebrate Appeals Court
Decision over City of Boston EPA Stamp Ordinance


(Boston, MA - August 5, 2011) The Massachusetts Chapter of Bikers of Lesser Tolerance (B.O.L.T.) celebrated after receiving notice that the Massachusetts Appeals Court, while upholding a lower Court’s decision dismissing a lawsuit seeking to strike down Boston’s Ordinance requiring a visible EPA stamp on motorcycle exhaust systems, but also are keeping the door open for another lawsuit to challenge the validity of the Ordinance if the City of Boston issues a citation for this so-called violation.


"Because the City hasn’t issued a single $300 citation after enacting this conflicting Ordinance," said Plaintiff Paul W. Cote`, "Boston riders and motorcycling visitors have won another battle in this ongoing war."


In June of 2009, the Boston City Council enacted an Ordinance allowing enforcement officer to issue the $300 fines on motorcycles whose "EPA imprint" of compliance were not readily visible. Within a week, Cote of Amesbury and four other motorcyclists filed a Complaint at the Suffolk Superior Court seeking to declare the City’s Ordinance invalid and conflicting with existing State Statutes regarding motorcycle exhaust sound levels and testing procedures. The Court dismissed the Complaint as no riders had been "harmed" because no citations have been issued under this ordinance.

"We won this battle," said Bill Gannon of Quincy, another one of the Plaintiffs. "They [the City of Boston] refused to give us a ticket so the real issue could be decided. Thus the war is still on if Boston dares to challenge us. We will be back in Court if they issue a ticket to any motorcyclist under this ordinance. At this point we are holding their repugnant Ordinance hostage as Boston fears issuing any violations as long as they are aware that B.O.L.T. is conspicuously vigilant of Boston’s conduct with respect to this Ordinance"

Massachusetts B.O.L.T. is an elite collective of motorcycling activists opposing discrimination against motorcyclists. Known, primarily, for opposition to government-mandated motorcycle helmet laws, B.O.L.T. will lawfully fight discrimination on all fronts, including legislative buildings, courtrooms, and the streets. Membership is limited to proven motorcycling activists chosen as a result of their exemplary actions. More information on Massachusetts B.O.L.T. activities can be viewed on Latest NEWs web site.
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