The Gunny's Sack is a service of AIM (Aid to Injured Motorcyclists), NCOM (National Coalition of Motorcyclists), the law offices of Richard M. Lester and the law offices of Sam Hochberg. The Gunny's Sack columns are available by email every month direct from AIM. Subscribe here to get the Sack and Bill Bish's NCOM Newsbytes: http://www.aimncom.com/enews/enews_subscribe.htm . Archives of the Gunny's Sack archives going back a decade, to 1998, are available here: http://www.aimncom.com/enews/enews_gunny.htm . Now, here's the July, 2008 Gunny's Sack.
>From the
GUNNY'S SACK
A whole lot has been happening this past month that effects the lives of motorcyclists all over this great country of ours. We go along sometimes for months with little or nothing going on and suddenly all hell breaks loose. Check out the following news items in this months Sack of information.
NEWSBITS ‘N’ PIECES:
ATLANTA, GA: Metro Atlanta motorcyclists have been banned from Atlantic Station. The popular dining and retail district no longer allows riders to ride their scoots through or to park there. Excessive noise is the reason stated by authorities. “They don’t spend money here, they just hang around and make noise,” stated one resident. Guess ya better take mass transit to the area if ya don’t want a big ticket.
LANSING, MI: The Michigan Association of Police Organizations has supported a plan that will “modernize” Michigan's helmet law by allowing motorcyclists to purchase a special permit to ride helmet-free. Seems we need to buy our freedom. Legalized graft is really what this is, to pay for more law enforcement and biker harassment. Just another excuse to stop ya so they can see your permit. Yeah, male bovine excrement is what I call it.
WHAT NOT TO DO ON A BIKE: A 35 year old Yelm, Washington man's injuries are a reminder of how loose objects can knock you down. This man lost control and was thrown from his motorcycle on Interstate 84 near Cascade Locks, Oregon. According to the State Police, Darcy L. Davidson, Jr., was operating his new 2008 Harley-Davidson eastbound on Interstate 84 after tying his jacket to the rear fender of his motorcycle. The jacket became entangled between the rear tire and fender, causing his rear tire to lock up. Davidson was tossed hard onto the freeway's gravel shoulder. He wound up in the hospital with tons of road rash but no life-threatening injuries. His scooter had to have been skinned up some, too. All this for not paying attention to how you do things. You’re supposed the wear that leather, that’s why ya bought it. Helps keep your skin where it belongs.
TEAM OREGON MOTORCYCLE SAFETY PROGRAM LAWSUIT SETTLED: A lawsuit brought against our TEAM OREGON Motorcycle Safety Program just settled. The action, filed in 2006 by the Motorcycle Safety Foundation (MSF), alleged copyright and intellectual property infringements of MSF works. Steve Garets, TEAM OREGON Director, was among those named in their official capacities.
A settlement conference was held in Federal court in Santa Ana, California on May 21, 2008. The summary terms of settlement are: 1. MSF has agreed to dismiss its lawsuit with prejudice.
2. Neither party will pay compensation, costs, or fees to the other.
3. Team Oregon will be entitled to continue using its current curriculum without restriction.
4. MSF will acknowledge that Team Oregon owns valid copyrights in Team Oregon course materials.
5. Team Oregon will acknowledge that MSF owns valid copyrights in MSF course materials.
6. Neither Team Oregon nor MSF will disparage the other.
7. MSF will give Team Oregon a free license to use MSF materials in Team Oregon curricular materials, and Team Oregon will note that license in future Team Oregon publications. Team Oregon will continue to deny that it needs any such license.
8. Team Oregon will continue its practice of not marketing its program outside Oregon and will not grant permission for others to reproduce its materials.
9. The parties will release each other from all claims either may have against the other.
Steve Garets said "I'm relieved and grateful to have reached this settlement. We're proud and fully supportive of the programs we've designed that treat the specific safety and training needs of Oregon's riders. This settlement allows us to now devote full attention to the pressing needs of Oregon's riders." Good news!!
NEW YORK Stop ‘n Pop: This state is creating roadblocks for motorcycles only, just to check them “for safety.” Uh-huh. ABATE of New York is furious over it. They say it’s a bogus tactic. You can’t licence bikes in NY without passing a safety check to start with.
Funny thing is, the stops are conducted only around areas that motorcycle events are set up. Sounds like harassment to me. Looks like our AIM and NCOM (National Coalition of Motorcyclists) lawyers are looking to file suit if this nonsense continues. Stay tuned.
ARMLESS in PORTLAND: Our Oregon AIM lawyer, Sam Hochberg, got an unusual email in May from a biker who goes by One-Armed Jack. Jack's been a rider for decades, and to his credit, he rides just fine, even though he’s missing his left hand and wrist. He's got just part of his left forearm. Well, like many of us who just get on a bike and start riding, Jack decided to make it legal, so he went to a DMV office here in Oregon to for a learner's permit, and then take his test. The clerk took one look at his left arm, and refused to let him even apply for a permit! Sam advised Jack to go BACK to DMV, and he gave him a few magic words to use. Like, under color of what authority were they refusing to so much as issue a permit? He said to tell DMV to cite the regulation they were relying on, in writing. Jack didn't need to say much more, and DMV instructed that clerk to cough up a permit for Jack, pronto. He'll still have to take a road test, but Sam figures that if Jack can ride well enough to pass, they damned well ought to issue his endorsement. With all the talk these days about letting people with so-called disabilities lead normal lives, this one is a surprise. Let's hope this was an isolated case, because of one misinformed clerk. We'll let you know what happens next on this one, right here in the Sack.
GUNNY AGAIN: Just to keep ya’ll abreast of things, the next NCOM convention will be held in RENO, at the Nugget Casino & Resort, May 7-10, 2009. If ya live on the west coast anywhere there is no excuse for ya not to make it to this one. My good Lord, you can drive or ride to it provided of course you have the money for gas. I’ll keep reminding you when we get closer to the date.
Our AIM attorneys and Richard M. Lester, founder of AIM and NCOM, are the ones we need to thank for these gatherings as well as for the good work they do for us when we get screwed up by people that didn’t see us before we got run over. If that happens to you, call AIM, Aid to Injured Motorcyclists, 24/7, at 1-800-On-A-Bike, and they’ll hook you up. Check ‘em out at www.aimncom.com .Or, call Sam Hochberg here in Oregon by calling 1-800-347-1106, or 503-224-1106 locally to the Portland area. His E-MAIL is: sambikelaw@aol.com Gunny is: aimgunny@aol.com . Always done on a contingency so ya don’t get into your own pocket. They will at least talk to ya FREE.
Keep the round side on the bottom.
Gunny, Oregon’s AIM Chief of Staff
SAM HOCHBERG & ASSOCIATES
Injury Law for the Northwest
***Nationwide Referrals***
503-224-1106/800-347-1106
www.YourInjuryLawyers.com
Ride Free, Ride Often
Bill C.
"When the people fear the government you have tyranny ... when the government fears the people you have liberty." President Thomas Jefferson