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8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
1/26
So, you are probably
wondering why thenewsletter looks dif-
ferent this month.
Frankie asked me to
step in an help put
together this tempo-
rary replacement until
we get our Editor
back behind his desk.We ask that you keep
Rob and Lyn in your
thoughts and prayers.
ATM
Temporary Change
Hello everyone. As always, Ihope this newsletter finds all ingreat health and spirits.
As of this writing, the annualchili cook-off is history and wehad a lot of fun this year as weenjoyed 8 separate entries in-
cluding a late show by our veryown VP, Taylor. He had towork that day so he showed uplate and brought a bowl of chilifrom Jasons .
The winners this year were asfollows we had Trick Rick witha first place entry this year fol-lowed by Scott and Janise withthe second place trophy andfinally Todd and Liz picked upthe third place spot. Thanks to
all that helped to make this awonderful event for the South-west chapter special thanks toTaylor for all his input in thisevent and thanks also to Kellyfor stepping up and sellingtickets for us.
There were many photosposted all over the place I'veseen them on bikers post andon Facebook and on theSouthwest site. So go checkthose spots and see what youmissed out on also while I'mthinking about it id like to takethis time to thank Dave andSteve from Southwest Cyclefor hosting the chili cook-offfor us and to my brother
Eddie, and Rick and my sonFrankie for doing a fine jobwith the judging for us andalso to Eileen and Audrey forserving up the chili for all toenjoy thanks so much everyoneand watch for the up comingwing fling at Southwest cycle
coming in the next couplemonths.
We are as of this past weekback in the Lee County Schoolsystem and presenting ourMSAP for the drivers Ed stu-dents Birdie has done a finejob since taking over as safetycoordinator for the chapterand I trust she will continue todo an outstanding job for us in
From the desk of the Chief
Southwest Chapter ABATEFebruary 2010
Volume XLIV, Issue XXXVI
From the Vice Pres. 2
Secretarys Report 3
Chili Cook-off 4-5
Membership Report 6
Legislative Report 8
Black Nail Brigade 12
Welcome Home 15
Inside this issue:
Upcoming Events
February 26th thru
March 7th - Daytona
Bike Week
February 28th -
Southwest Chapter
Meeting
February 28th -
Swamp Cabbage Fes-
tival in LaBelle
Victory Lane Caf
Bike Night every
Wednesday!
Celebrating our 29th Year
Chartered Sept. 10th, 1980SMRO is an acronym for State Motorcycle Rights Organization. They are organizations
comprised of individuals who are dedicated to insuring personal liberties in our legisla-
ture. They are dedicated to maintaining the lifestyle of motorcycling by working legisla-
tively to promote motorcycle awareness & road safety and regaining lost liberties.
Rob Assenzio, Our EditorIn-Chief
8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
2/26
thefuturepresen-tations.
Febru-arystatemeet-ing isonly acoupleweeksawayand I
will be attending and will bringback info to the next chaptermeeting I have been informedby the states asst Sgt-at-Armsthat there is a problem withour inventory this year. I willlook into it and will also in-form you on the findings at the
next chapter meeting.
We will be opening nomina-tions in March for the upcom-ing elections in June so anyonewanting to step up and run fora board position please do nothesitate let someone know andget yourself nominated weneed help some of us havebeen here a long time it truly issomeone elses turn to step upand help fill these positions.
We have a tough legislative
agenda this year and as alwaysit will be a struggle we need toplan and to work together as ateam to get our voices heardup in the Capitol so please ifthere is anything you can do tohelp us in our struggle to benoticed and recognized let meknow I'm sure I can find some-
way for you to help.
In closing, I'm very thankfulfor so many things some thingsnot so important as others andsomethings not important atall to anyone but me, but onething I've learned in my lifethere are many whom callthemselves friends and thenthere are those that are friendsand I am blessed with verymany of the latter thanks to allof my friends you all knowwho you are without you guys
it would be impossible for thischapter to prosper and growthanks again.
Ride Safe,
Frankie
two more instructors.
A special thank you goes
out to Birdie and Smokey.
Birdie for taking up the
torch as our Safety Direc-
tor, and Smokey for being
right along with her and
taking whatever abuse wecan throw at him.
Were looking forward to
having MSAP out at my
place of work on the is-
land.
Since Im working week-
ends, its as good a time
Salutations!
Another month gone by.
Lots of things happening.
The rescheduled Fort
Myers Bike Night, Cape
Coral Bike Night, MSAP
(Motorcycle Safety &
Awareness Program) inthe Drivers Education
classes in local schools.
Im happy to say that
Richie and I have become
certified instructors with
MSAP. Took some time
and creative work sched-
uling, but now we have
as any to have my bike in
the shop. Cant wait to
have her back, and yes,
for those of you who no-
ticed, there will be new
tires.
Anyway, again, keep an
eye out for the touristsand snowbirds. Its get-
ting more dangerous by
the hour out there.
Ride Safe
Taylor ATM
From the desk of the Chief, continued.
From the Vice President
Page 2 Southwest Chapter ABATE Volume XLIV, Issue XXXVI
8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
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Secretarys Report
Location: Victory Lane
Caf
Date: January 24 2010
Called to order@ 10.30 am
34 members
1 guest
Pledge Allegiance and mo-
ment of silence.
President:
Frankie announces that wewill have our Chili cook-
off and blessing of the
bikes this afternoon. Eve-
ryone is welcome to enter.
Anyone who would like to
become a MSAP instructor
please let Birdie or Frankie
know. We have a lot of
classes set up. We have
more than the rest of the
chapters combined!
Jan 31 Lee County Church
Crash
Feb 21 Pre Daytona Party
March 7 7th Annual
Shriners Run
Feb 26-March 7 Bike
Week 2010
April 16-19 Freedom
Rights Rally
April 18 2nd Annual
Thunder Run Poker Run
Vice President:
Taylor is absent and ex-
cused (work)
Secretary:
Motion to except last
months minutes was ac-
cepted 1st by Gator and
2nd by Scott.
Treasurer:
Motion to except last
months treasurer report
was accepted . 1st by
Trudy and 2nd by Jerry
Membership:
Trudy thanks the meeting
for the great turnout and
welcomes everyone. We
have 1 new member: Ed
Kennedy. The state mem-
bership has made some
errors concerning our
chapter. Trudy will contact
the state to correct this
matter. Trudy will be mak-
ing reservations at the ho-
tel for Leesburg Bike Fest.
The cost is $79 per night.
Anyone who wants to re-serve a room, contact
Trudy
Products:
CJ and Wayne Cerra have
offered to be our products
trustees. Thank you. We
have some new products.
We will have them at Vic-
tory Lane on our weekly
bike nights on Wednes-
days. They will also try to
get storage at Victory Lane
for the products.
Legislative
PR/Communications:
See newsletter for report
Safety Trustee:
Birdie has been having a
very hard time getting
safety products. State re-
quires a 2 month advance
notice to order products.
She wrote a letter to make
a order. State did not
honor this because it was
not sent through email.
Now she cant get what she
needs until February. Piffle
has offered to get her
products through otherchapters
New Business:
Barbara will take over the
newsletter starting in Feb-
ruary. The newsletter will
be on our website for all to
read. She also tells us
about Anita Zaffke who
got killed riding her bike
by a woman painting her
nails as she was driving her
vehicle. See the newsletter
for details.
Kelly does a 50/50 Ray
Walters wins $ 14
Motion to adjourn the
meeting: 11.30 am 1st
Trudy and 2nd by Smokie.
The ride after the meetingwill go to our Chili cook-
off at Southwest Cycles.
Ride Safe, but have fun
Liz Demskivan Hemme
Page 3Southwest Chapter ABATE Volume XLIV, Issue XXXVI
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Page 4 Southwest Chapter ABATE Volume XLIV, Issue XXXVI
3rd Place~Liz & Todd
2nd Place~Janise & Scott
1st Place~TrickRick
8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
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Page 5Southwest Chapter ABATE Volume XLIV, Issue XXXVI
Southwest Chili Cook-Off and Blessing of the Bikes
January 24th, 2010~Southwest Cycles, Cape Coral
8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
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Welcome New Members:We hope that you choose toget involved with this grow-ing and fun chapter EdKennedy, Jr.
Thanks for your renewals:Biffle Davis as a Life Mem-ber, Rick Tiner, and Ray Wal-ters.
Expired and/or Delin-quent Members: If youknow any of these folks,please encourage them to
REJOIN or renew withSOUTHWEST CHAPTER!!!Debra Barlow, Darlene
Daniels, Matt Faulk, BillGear, Randall Glass, ScottMacPhee, James Terault,Ronald Cox, Peggy Litterello,Robert Litterello, MarciaPenn, and Cody Webster.
If you are not receiving yournewsletter, or Masterlink,PLEASE CONTACT me tomake sure your informationis correct.
Your membership expires onthe last day of your Anniver-
sary month. Delinquent re-newals must be received nolater than the Chapter meet-
ing of the month followingyour anniversary date in orderto maintain renewal status.Otherwise, you will be en-rolled as a new member.
Anyone who would like torecycle his or her first yearpins in order to save theChapter money, PLEASEturn your pins into Member-ship. Thanks.
Ride Safe and Free
Trudy RabellMembership Trustee
Membership Report
Upcoming Renewals
March
Larry Dobransky
Forest Glover
Terry Lanyon
Ernest Maroon
Bob Miller
Ray Steel
Trudi Steel
Kenneth Thomas
April
Gary Bellaire
Barbara Hollow-
peter
Larry Hollopeter
Rob Sample
Frank Story
February
Joel R. Bachuber
Scott R. Brown
Larry Crews
Tom Greenfield
Patrick Jablonski
Marion Ward
Page 6 Southwest Chapter ABATE Volume XLIV, Issue XXXVI
8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
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Southwest Chapter Life Members
Darrell BarnettDenee Bartels
Scott Blink
Chet Butz
James Burkholder
Nora Burkholder
Don Campbell
Frances CazesJonathan Conant
Terry Covington
Audrey Cran
Maggie Cran
Rick Cran
Rob Cran
Robert CruzCrusan
Ginny DAsti
Biffle Davis
Mary Dicenzo-Porter
Al Diagiaco
Frank Disomma
Cindy Doak
Randy Eck
Brian Galvin
Sonny GartrellLynnda Gray
Bob Hall
Harry Hoover
George Huttman
Susan Red Hutt-man
Dan JacksonFrankie Kennedy
John Kennedy
Ed LaCombe
KD Marlowe
Russell May
Rev.Rea Means
Don Meredith Jr.
Jo Ann Miller
Kenneth Miller
Jim Mozeleski
Terry Padilla
Bob Penn
Asuncsion Peppers
Richard Peppers
Kathleen Proven-zano
Rev. ThomasProvenzano
Bill RobinsonJanet Rolfe
Tabitha Rossi
Roland Salsberry
Jencye Schmitt
Jerry Schmitt
Bruce Scheiner
Elsie SeifRobert Simon
Kelly Smith
Richard Stergulz
Sandy Stergulz
Grandpa Stewart
Lynda Stewart
Scott Turner
Ruth Vorys
Teresa Webster
D. Payton Wells
Michael Wieland
Jama Wyatt
Steve Wyatt
Page 7Southwest Chapter ABATE Volume XLIV, Issue XXXVI
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Good Morning FreedomFighters:
PRESS RELEASE
ABATE of Florida Con-vinces the
Nation's Oldest City toAllow Motorcycles
St. Augustine, Fl., January14, 2010 - Many have saidthat the City of St.
Augustine Florida is a beau-
tiful and historic place tolive. Since 1565, over 400years ago, the city has beenextending a welcome handto all that visit and make thecity their home. In 2005 thecity built a parking garagedowntown so residents and
visitors had an availableparking area to safely parktheir vehicles.
Unless you were riding a
motorcycle that is. Motorcy-cles were not welcome. Alarge, bright, reflective yel-low "NO MOTORCY-CLES" sign was promi-nently installed at the en-trance. If you rode intotown on any motorcycle orscooter, you were bannedfrom parking in this $20million taxpayer-fundedgarage. Definitely not a"Welcome" feeling.
The issue at hand, accordingto St. Augustine's City Man-ager, Bill Harriss, is thegates that allow access/egress. He stated in an inter-
view with The St. AugustineRecordthat the engineers
who designed the garage'sentryways advised against it.
Many options were offeredover the years to reverse thisdecision, but the momen-tum for the change in policycame when ABATE ofFlorida's Vintage Chapterbegan this fight in earnestback in November 2009.
After speaking at the St.Augustine December 14,2009 City Commissioners'Meeting, ABATE of Florida
Vintage Chapter's PublicRelations Trustee, J.D.Long, found that two of theCity Commissioners agreed
with ABATE of Florida,feeling that the publicly-funded garage should beallowing motorcycles in.
There were two more Com-missioners and the Mayorthat still needed convinc-ing.Although Harriss is amotorcyclist himself, his
position does not hold abinding vote with the Com-mission.
Many felt modifying theexisting gates were the leastexpensive and seemed to bethe most logical method tocorrect the discrimination.
The additional revenue fromthe motorcyclists would payoff the modifications inshort time, and then help
the city by providing newincome.
The problem was accuratelysummed up by Long; "Ifthey can't use commonsense, then we have to usethe law." ABATE of Flor-ida's Legal Council, LarryCrow of Tampa, was already
preparing a case should theCity Commissioners vote tocontinue the ban.
On January 11, 2010, mem-bers from ABATE of Flor-ida's Vintage, Duval County,Black Creek and PutnamCounty Chapters, as well asmembers from other motor-cycle organizations, filledthe St. Augustine City Com-missioner's meeting cham-ber to show their discontent
with the four-year-old dis-criminatory ban on motor-cycles.
Thanks to the dedication ofthe ABATE of Floridamembers for calling thisproblem to light, and thenfollowing through by stand-ing up and fighting to stopthe discrimination againstbikers. The St. AugustineCity Commissioners votedunanimously in favor ofremoving the ban and estab-lishing a dedicated entranceto the garage and a short-ened gate at the existingmanned exit so that motor-cyclists may now park theirbikes safely in downtown St.
Augustine. Chief Opera-tions Officer John Regansuggested in The St.
Augustine Reportthat the
city's advertising shouldnow begin promoting St.
Augustine as being a motor-cycle-friendly city.
With almost 8,000 member,ABATE of Florida, Inc. isFlorida's largest Motorcy-clists' Rights Organization,and the fourth largest na-
Legislative Report
Page 8 Southwest Chapter ABATE Volume XLIV, Issue XXXVI
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Legislative Report continued...
tionwide. Our mission in-clude educating the publicabout motorcycle awarenessand continuing to fight in
Tallahassee for the rights ofevery motorcyclist and thepublic in general. To aid inthese ends, we have a lobby-ist on staff and havefounded the MotorcycleSafety and Awareness Pro-gram, both with the inten-tions to help make the roads
safer for everyone. ABATEof Florida members vote inevery election, and strive toteach the public to be con-scious of other drivers &riders while operating motor
vehicles in the SunshineState.
2010 SESSION
The 2010 legislative sessionwill start the first week inMarch. Are you ready?
ABATE of Florida's stifferpenalties bill is finished andhas been turned over to oursponsors. I do not have abill number yet. Hopefully,I'll have all that informationfor you in next month's re-port.
Doc says that there will bean attempt to put lids backon our heads. He says that
they will use one of the fiveplaceholder bills to do this.
In a placeholder, or "empty"bill, anything can be put inthem at any time. Once abill reaches the floor, wehave no say. Any influence
we have should be exertedahead of time. ABATE ofFlorida is watching these
bills very carefully. We needto be ready to respond veryquickly.
As all of you are aware, nomotorcycle helmet on themarket today is guaranteedto save a riders life. Nor arethey designed to do so.
No manufacturer of motor-cycle helmets has ever madethe claim that their productis guaranteed to save a rid-
ers life. Just the opposite istrue.
All motorcycle helmetmanufacturers are requiredby U.S. federal law, to warnthe consumer that death canoccur to riders at speeds aslow as 15 mph... while wear-ing their product.
The only thing mandatoryhelmet laws accomplish isthat more motorcyclists will
die or become seriously in-jured in Florida while wear-ing a helmet. That is be-cause mandatory helmetlaws do not address thecause of these crashes. Theynever have, and they never
will.
The only thing that is goingto save your life while ridingyour motorcycle is your skilland ability to handle yourmotorcycle in an emergencysituation. And even that isnot guaranteed.
CONTACT YOUR LEG-ISLATORS
GOVERNOR
Charlie Crist: (850) 488-4441. PL05 Capitol, 400
South Monroe St., Tallahas-see, Fl, 32399-0001.
LIEUTENANT GOV-ERNOR
Jeff Kottkamp: (850) 488-4711. PL05 Capitol, 400South Monroe St., Tallahas-see, Fl. 32399-0001.
FLORIDA STATE SEN-ATE
PRESIDENT OF THE
SENATE: Jeff Atwater (R-25): 409 Capitol, 404 SMonroe St., Tallahassee, Fl.32399. (850) 487-5229. Of-fice: (850) 487-5100. E-Mail: [email protected].
Dave Aronberg (D-27):District Address: 6415Lake Worth Rd., Suite 210,Greenacres, Fl. 33463. (561)43-2627. FAX: (561) 434-
3995. Capitol Address: 405SOB, 404 S. Monroe St.,Tallahassee, Fl. 32399. (850)487-5356. E-Mail:[email protected].
Michael "Mike" Bennett(R-21):District Address:3653 Cortez Rd. West, Suite90, Bradenton, Fl. 34210.(941) 727-6349. FAX: (941)727-6352. Capitol Address:
306 SOB, 404 S. MonroeSt., Tallahassee, Fl. 32399.(850) 487-5078. E-Mail:[email protected].
Garrett Richter (R-37):District Address: 3301 E.
Tamiami Trl., Bldg. F, Suite203, Naples, Fl. 3412. (239)
Page 9Southwest Chapter ABATE Volume XLIV, Issue XXXVI
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
10/26
417-6205. FAX: (239) 417-6207. Capitol Address: 310SOB, 404 S. Monroe St.,
Tallahassee, Fl. 32399. (850)487-5124. E-Mail: [email protected].
FLORIDA HOUSE OFREPRESENTATIVES
SPEAKER OF THEHOUSE: Larry Cretul (R-22): 422 Capitol, 402 S.
Monroe St., Tallahassee, Fl.32399. (850) 488-1450. Of-fice: (850) 488-0887. E-Mail:[email protected].
Gary Aubuchon (R-74):District Address: 3501 DelPrado Blvd., Suite 305, CapeCoral, Fl. 33904. (239) 344-4900. FAX: (239) 344-4901.Capitol Address: 13401
Capitol, 402 S. Monroe St.,Tallahassee, Fl. 32399.(850)488-7433. E-Mail:[email protected].
Paige Kreegel (R-72):District Address: 410 Tay-lor St., Punta Gorda, Fl.33950. (941) 575-5820.FAX: (941) 575-5822. Capi-tol Address: 303 HOB, 402S. Monroe St., Tallahassee,
Fl. 32399. (850) 488-9175.E-Mail:[email protected].
Kenneth Roberson (R-71):District Address: 992 Ta-miami Trl., Unit E-2, PortCharlotte, Fl. 33953. (941)613-0914. FAX: (941) 613-0916. Capitol Address: 308
HOB, 402 S. Monroe St.,Tallahassee, Fl. 32399. (850)488-0060. E-Mail:[email protected].
Nicholas "Nick" Thomp-son (R-73): District Ad-dress: 2120 Main St., Suite208, Fort Myers, Fl. 33901.(239) 53-241. FAX: (239)338-2486. Capitol Address:417 HOB, 402 S. MonroeSt., Tallahassee, Fl. 32399.(850) 488-1541. E-Mail:[email protected].
Trudi Williams (R-75):District Address: 12811Kenwood Ln., Suite 212,Fort Myers, Fl. 33907. (239)433-6775. FAX: (239) 278-7573. Capitol Address: 303HOB, 402 S. Monroe St.,
Tallahassee, Fl. 32399. (850)488-2047. E-Mail:[email protected].
U.S. SENATE
George LeMieux (R):Capitol Office: 356 RussellSenate Office Building,
Washington, D.C. 20510.(202) 224-3041. FAX: (202)228-5171. Florida Office:2120 Main St., Fort Myers,Fl. 33901. (239) 332-3898.
FAX: (239) 332-3447. TollFree: (866) 630-7106. TTY:(407) 254-548.
Website: le-mieux.senate.gov/public/?p=EmailSenatorLeMieux.
Bill Nelson (D): CapitolOffice: 716 Hart SenateOffice Building, Washing-
ton, D.C. 20510. (202) 224-5274. FAX: (202) 228-2183.Florida Office:Justice Cen-ter Annex Building, 2000Main Street, Suite 801, FortMyers, Fl. 33901. Phone:(239) 334-7760. FAX: (239)334-7710.
E-Mail: [email protected].
Website:
www.billnelson.senate.gov.
U.S. HOUSE OF REP-RESENTATIVES
Connie Mack (R-14):Capitol Office: 15 CannonHouse Office Building,
Washington, D.C. 20510.(202) 225-2536. FAX: (202)226-0439. Florida Office:804 Nicholas Pkwy., Suite 1,Cape Coral, Fl. 33990. (239)
573-5837. FAX: (239) 573)9125. District Director:Kara Moore.
Website:www.mack.house.gov.
Big Noise From Massachu-setts, Update!
On Friday, October 2, 2009,fifteen motorcyclists stood upfor their rights! And yours!Each contested tickets that theMassachusetts Motorcycle As-sociation (MMA) believes werewrongly, unsafely and uncon-stitutionally issued at the inter-sections of Routes 62 and 140on July 15, 2009, in Sterling,Ma.
These brave motorcyclists sac-rificed time and money to de-fend the freedom to ride for allmotorcyclists in the state, in-stead of paying the tickets.
Legislative Report continued...
Page 10 Southwest Chapter ABATE Volume XLIV, Issue XXXVI
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.billnelson.senate.gov/http://www.billnelson.senate.gov/http://www.billnelson.senate.gov/http://www.mack.house.gov/http://www.mack.house.gov/http://www.mack.house.gov/http://www.billnelson.senate.gov/http://www.billnelson.senate.gov/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter
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Legislative Report continued...
All MMA members were rep-resented pro-bono by AttorneyPaul Lancia of Fall River, Ma.The MMA and Attorney Lan-cia have pledged to proudlystand together to defend theseriders.
Individual hearings began atapproximately 9:30 a.m., eachlasting approximately 20 min-utes. MMA Chairman DaveCondon and MembershipManager Cheryl Frodermannjoined them in a show of sup-
port at the Clinton DistrictCourt.
Citations alleged 'violations'targeting helmets, noise, non-stock pipes, tire treads andlights.
Riders described a check-pointinvolving approximately 10police officers from the townsof Sterling and Princeton, andRMV staff. Solo and groups ofriders were harassed and tick-eted in a manner in conflictwith the law.
For example, no sound meterswere used to determine if thepipes indeed exceeded legalnoise limits; both DOT andnon-DOT stickered helmetswere deemed illegal; olderbikes exempted under state lawwere fined. In addition, thepull-off area was a hazardousdirt surface with extensivegravel, large pot-holes, anduneven and crumbling pave-
ment at an extremely busy in-tersection, placing the ridersand local drivers at risk ofdamage to their vehicles, seri-ous injury, and possibly death.
MMA board members learnedfrom conversations with manyof the motorcyclists that theoverwhelming majority wasforgoing wages in a combinedexcess of $2,600. In addition,
all were required to pay $25cash-only filing fees in order tocontest their tickets with theMagistrate.
Any rider seeking to appeal theruling in an effort to seek jus-tice from a judge, required anadditional immediate filing feeof $50 cash. In Sterling, justicecosts at minimum $75 and acouple days' pay!
At the end of the day, somewere won, some were not, and
will require further appeal.Though no consistency in theMagistrate's rulings were evi-dent to any, Chairman Condonand Attorney Lancia were notsurprised by such unpredict-ability at this level in the courtsystem.
All riders who did not wintheir hearings on Friday haveagreed to continue the fightand appeal the Magistrate'sruling. Attorney Lancia will
continue to represent MMAmembers free of charge beforea judge beginning at 8:45 a.m.on Nov. 16 and Nov. 23rd. Ifnecessary, Attorney Lancia andthe MMA are determined totake these cases to the Su-preme Judicial Courts for jus-tice.
Many of the motorcyclists theMMA spoke to on Friday,while not in a position to sacri-fice hard-earned wages, were
deeply concerned that if theydid not contest the tickets,their insurance companieswould hit them with steep sur-charges over the next six yearstotaling upwards of $1,800each. Some would be unable toafford to ride. Some had fami-lies; others were out of workdue to the recession. Mostcould not afford the filing fees.
The MMA has always believedif we do not defend our rights,we will lose them. Sterling po-lice are trying to send loudmessage to all motorcyclists:"stay out of our town or wewill make you pay!" And theydon't seem to care about thelaw.
The motorcyclists who wereticketed in Sterling, and whodecided to contest their tickets,have heroically stepped up tothe truly American fight --
FOR FREEDOM!
These are the real heroes ofour legal system! Help theMMA help them fight a goodfight!
On Nov. 7, the MMA held afundraiser to support the Free-dom Fighters and a local busi-ness that has been directly im-pacted by the July harassment.
The fundraiser was held at the140 Rendezvous Pub in Ster-
ling, a popular biker gatheringplace. The owner of the pubsaid that his business was offby 50 - 75% since the July har-assment. The event helped theMMA defray costs incurred bythe Freedom Fighters.
The MMA is asking for yoursupport of these Americanheroes. You can make a dona-tion by visiting the MMA website or by mailing a check pay-able to the Massachusetts Mo-
torcycle Association Legal De-fense Fund, P.O. Box 378,Brimfield, MA 01010.
For more information, pleaseseehttp://www.massmotorcycle.orgor contact [email protected].
See you in the wind,'TEDDYBEAR'
Page 11Southwest Chapter ABATE Volume XLIV, Issue XXXVI
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12/26
Dear Brothers and Sistersof Southwest Chapter ofABATE of Florida, Inc.,
I have followed the storyof the death of a seasonedmotorcyclist, Anita Zaf-fke at the hands of thedriver of a vehicle, LoraHunt, who was paintingher nails as she drove ona public road. Anita was
launched over 200 feetand died of internal inju-ries.
The passion I feel to-wards the rights of all ismagnified by this case.
The following is takenfrom the Black Nail Bri-gade website(Blacknailbrigade.com). Ihave secured permission
from Greg Zaffke II, sonof Anita, to reproduceany and all informationlisted on the webpage tobring to you.
Ride Alert!
Respectfully Submitted byBarbara L. Bardell
Southwest Chapter Mem-ber
Judge's decision on theMotion to Dismiss theIndictment of RecklessHomicide will be heardon February 10, 2010at 11:00AM
Today's hearing was in-
teresting to say the least.The defense took about40 minutes to make their
points then repeat themover and over and overagain. They cited caselaw from mostly petit
jury (trial jury) cases toargue their point aboutdue process in grand jury
proceedings. The State'sAttorney took 20 min-utes to rebut all points.
Here are a few very in-teresting highlights in thedefense attorney's ownwords.
Statements by Lora
Hunt's Attorney (JeffTomczak)
Lora Hunt Statement -"I was distracted by ap-
plying nail polish, whichI contemplated whether ornot to do. I chose to do avery stupid thing."
IPI-5.02 Definition of
Negligence - "A personis negligent when he failsto be aware of a sub-stantial & unjustifiablerisk, that circumstancesexist or that a result will
follow and his failure is asubstantial deviation
from the standard ofcare which a reasonableperson would exercise inthe situation."
He goes on to explainRecklessness - "As legalconcepts, recklessness &accident are not synony-mous. Recklessness re-
quires a conscious aware-ness of a substantialrisk of harm & a disre-
gard of that risk."
So I'll recap:
Hunt - "which I contem-plated whether or not todo. I chose to do..." - Shewas aware of the risk
& did it anyway.Negligence - "fails to beaware"
Recklessness - "a con-scious awareness of asubstantial risk of harm& a disregard of thatrisk"
Let's go to trial!
Greg Zaffke II - BlackNail Brigade
Black Nail Brigade
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11th Annual Church Crash~January 31st, 2010.
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On January 21st, members of the Southwest Chapter of ABATE of
Florida, along with members of several other organizations such as the
Patriot Guard Riders, Roughnecks, and Warriors Watch, had the honor
of welcoming home SPC Nathan Henning.
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Two Big Locations!!!Harley-Davidson of Fort Myers
2160 Colonial Blvd,
(1/4 mile EAST of US 41)
Fort Myers Florida
(239) 275-4647
Harley-Davidson of Naples3645 Gateway Boulevard(1/4 mile WEST of I-75)
Off Pine Ridge Road
Naples Florida
(239) 594-5504
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