News Bytes
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
MONGOLS MC PATCH FORFEITURE CASE DISMISSED
In a long-awaited decision with ramifications that could
affect all patch-wearing clubs, on September 16, 2015
Federal District Judge David O. Carter issued a dismissal of
the government’s most recent attempt to seize the Mongols
Motorcycle Club’s name and patch.
In the case titled United States of America versus Mongols
Nation, Judge Carter saw the key legal question in the case as
the “distinctness” between a “person” and “an ‘enterprise’ that
is not simply the same ‘person’ referred to by a different name.”
In layman’s terms, the good news is that the government’s
indictment is hereby dismissed pending appeal, which
appears unlikely.
“We won,” said Richard Lester, a California-based attorney
who has rallied support for defense of the patch forfeiture case
through various Confederations of Clubs around the country
and the National Coalition of Motorcyclists, organizations he
helped to establish. “We didn’t win the day on key legal
points, and the court’s decision didn’t make the statement
we wanted to make in defending the patch, but we won.”
The protracted litigation against the Mongols MC on
racketeering charges began October 21, 2013 when the
indictment against the club was unsealed. Although the club
won its first trial, the judge’s ruling was poorly written and
welcomed the charges to be properly re-filed.
While the constitutionality of seizing the Mongols insignia -or the insignia of any motorcycle club -- remains unresolved
under the dismissal, Judge Carter did rule that the government
cannot indict a club as an “enterprise” for racketeering
without also indicting a group who can be actually punished;
noting that the indictment makes “no meaningful distinction
between the association Mongol Nation and the enterprise
of the Mongols Gang,” which is good news for all motorcycle
clubs.
The prosecution, and subsequent persecution, of the club as
a whole was designed to bankrupt the Mongols with mounting
legal fees, but money has been raised by both the Mongols
club and through the “Save the Patch” effort launched by
the COCs and NCOM, and the Trademark Defense Fund I
will continue to accept donations until the enormous debt is
retired or if needed for a governmental appeal.
30 Thunder Roads Magazine® Colorado
CONGRESSIONAL MEASURE ADDRESSES
MOTORCYCLIST SAFETY
A Congressional sub-committee has approved two motorcycle
safety measures for inclusion in the federal highway bill;
one to de-fund motorcycle-only checkpoints, and another to
prohibit the DOT from lobbying on any pending legislation.
On September 10, the Subcommittee on Research and
Technology of the U.S. House Science, Space and Technology
Committee passed the two amendments to the “Surface
Transportation Research and Development Act of 2015”
to be incorporated in the House version of the surface
transportation authorization bill.
Amendment No. 036 directs a study to be conducted
to determine the most effective methods of preventing
motorcycle crashes, and further bars federal funding to states
to conduct motorcycle-only checkpoints until the research is
completed.
Amendment No. 037 prohibits the Department of
Transportation from lobbying on any pending federal, state
or local legislation. The current “NHTSA Lobby Ban” only
prevents the federal DOT from lobbying at the state level.
The U.S. Senate’s version of the highway funding bill already
contains language to prohibit federal funding of motorcycleonly checkpoints.
PAINTED MESSAGES AT ACCIDENT
SCENES TO SPARK AWARENESS
Coroners in six counties in North Carolina will soon use a
stencil to spray paint on the road a cross and message that
says; “Look Twice Save A Life” at the scene of all deadly
motorcycle accidents.
Anderson County Deputy Coroner Don McCown said he hopes
this warning message prominently displayed at fatal accident
sites will increase awareness and decrease the number of
accidents involving motorcycles.
“We’re hoping it will remind the public that someone died at this
location, and more than likely they died of distracted driving
or someone not being aware of their surroundings,” explained
McCown, adding that the number one reason given for most
deadly motorcycle accidents is that the driver never saw the
rider. “There are a lot of motorcycle riders out this time of year
and we have to share the road.”
October 2015
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