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Motorcycle Riders Seek Justice Over Discriminatory Boston Noise Ordinance (Bikers' Rights)

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Motorcycle Riders Seek Justice Over
Discriminatory Boston "Noise" Ordinance

Release Number 0138

IronBoltBruce on Bikers Rights, Motorcyclists Rights, MRO News Release - for Immediate Release (July 10, 2009)

For more info, contact:
Paul W. Coté, ClaimsCote@aol.com - 978-535-8222 (days)
Bill Gannon, billgannon2@hotmail.com
Mike Longtin, mlongtin@comcast.net
Vince Silvia, vsilvia@thesilvias.com - 987-852-3626 (cell)
Larry Cahill, webmaster@bostonbiker.com

Boston, MA. Yesterday Suffolk Superior Court Judge Geraldine S. Hines, heard arguments today for a Motion seeking to temporarily restrain Boston's Law and Traffic Enforcement Agencies from enforcing City of Boston Ordinance Docket Number 0658, which calls for $300.00 fines on (only) motorcycle exhaust equipment not displaying a "readily visible" stamp that the system is approved by the Federal Environmental Protection Agency.

Judge Hines stated she would take their arguments under advisement and issue a decision soon.

Until her decision is rendered, the ordinance remains in effect.

If you ride, or even park your motorcycle in Boston and the EPA labeling is not readily visible, you remain liable for a $300.00 fine.

Attending the 2:00 p.m. hearing proposing the Motion for Injunctive Relief filed on July 3rd were Plaintiffs Paul W. Coté of Amesbury, Bill Gannon of Quincy, Vince Silvia of Haverhill, and Mike Longtin of North Easton, Massachusetts. The quartet, calling themselves the Massachusetts Riders for Justice Committee were joined by long time motorcyclists' advocate Betsy Lister of Medfor, Massachusetts. Plaintiff Larry Cahill was unable to attend the Hearing but gave his full support.

Following a noontime telephone briefing from American Motorcyclists Association (AMA) Government Relations Specialist Imre Szauter and ongoing communications with motorcyclists' rights activist IronBoltBruce, the Riders For Justice retained Motorcycling Attorney Joseph S. Provanzano of Peabody, Massachusetts who passionately argued the position of the plaintiffs.

Provanzano has successfully overturned more than 300 "excessive exhaust noise" citations against motorcyclists in court systems throughout Massachusetts.

"This is not about noise as much as it is about the local 'Crown' over-imposing unwarranted authority on citizens," claimed Plaintiff Coté'. "Over 235 years ago the citizens of Boston told the British Government "no way!" Today we are doing the same by seeking the Court to declare this Ordinance to be "the rubbish it is," claimed Coté.

"I attended today to be part of the solution," stated Plaintiff Longtin," and this Ordinance discriminating against motorcycling is wrong and I'm there to say so!"

Plaintiff Vince Silvia of Haverhill, who rode into the Boston Hearing with no EPA imprint on his bike's exhaust systems, said, "It's crap. My motorcycle has passed State inspections and five voluntary sound tests with the sound meter donated by the AMA."

"This Ordinance is nothing but the City of Boston trying to make a buck off of riders. At $300.00 a pop, 100 bikes equal $30,000.00 to them, a 1,000 bikes equal $300,000.00. This ordinance," Silva continued, "is designed to discriminate against, as City Council Salvatore LaMattina testified, 'those people' to keep riders out of Boston. This is 'revenue enhancement', in its purest form. Add onto the ticket the costs of exercising your right to due process which will cost you as much as the original ticket, not to mention that parked or not it will be a moving violation which will just jack up your insurance rates. To me that equals government sanctioned theft."

Attorneys representing the City Boston were accompanied by a Sergeant of the Boston Police Department. He did not offer any testimony during the hearing. He later conferred with Plaintiffs Coté and Gannon stating "They dragged me in just for show. I have nothing against motorcyclists."

Observer Betsy Lister of Medford, Massachusetts was impressed by Provanzano's representation of the Plaintiff's position.

Lister stated, "Attorney Provanzano was armed and dangerous exuding passion and commitment to the cause while adeptly citing chapter and verse basically illustrating how the Boston's new noise ordinance usurped and superseded both federal and state statutes and was totally repugnant!"

"Provanzano threw out more legal challenges than an 'all star' pitcher in a series baseball game with each statement being a perfect strike." Lister continued.

Recently, Cahill, Coté, and Lister visited the Boston Harley-Davidson dealership and examined all new motorcycles on the showroom floor. Because of varied production styling and components, in most cases the activists could not view the EPA stamp unless the motorcycle is partially dismantled.

Riders For Justice Committee Members are patiently awaiting Judge Hines ruling on the temporary restraining order while their lawsuit to permanently overturn the ordinance was filed on July 3rd and prepares to go to a trial before the Suffolk County Superior Court.

Motorcycle riders interested in helping fight this Ordinance are encouraged to contact Paul Coté at ClaimsCote@aol.com.

See also: http://tinyurl.com/kubhmd

A footnote from IronBoltBruce on the real issue underlying Boston Noise Ordinance 0658:

"The real issue here is neither noise nor loud pipes, and I encourage the bikers' rights activists of Massachusetts not to be tricked into fighting on those fields. The real issue here is the same as in Myrtle Beach SC, and Delray Beach FL before that: A money-hungry municipality overstepping its authority and passing discriminatory ordinances aimed at filling city coffers by penalizing all bikers for the alleged transgressions of a few."

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