Demetrious
Kirkiles and I met with a Delray Beach City Commissioner this
afternoon to discuss the proposed stiffer penalties ordinance
for load pipes, aftermarket exhaust systems without E.P.A.
stamps or any motorcycle for that matter without an E.P.A. stamp
on the exhaust pipes.
As you may remember in October 2008, Mayor Rita Ellis had
introduced an ordinance to ban motorcycle traffic on a five
block section of Atlantic Ave. in Delray Beach completely, from
7:00 AM - 11:00 PM.
Her call for a ban was our call to action, ABATE P.B.C., The
Enforcers MC, ABATE SE, The AMA and representatives from many
other MC's and Independents rallied at the Delray Beach City
Hall for the preliminary hearing of this ordinance October 16th.
in strength of numbers, close to 200 bikes and well over 200
people attended. City hall was inundated calls from all over the
country protesting this proposed ordinance. They were
overwhelmed to say the least. This was the first time they ever
had a chance to look us in the eye, face to face and be in the
same room with us. I think we shook 'em up a little, they didn't
know what the hell to expect.
This meeting was significant in not only a show of solidarity
but also with dignity and respect. We were there to listen and
give our reaction to this ridiculous ordinance. The phrase
"action speaks louder than words" proved itself once again. The
proposed ordinance for the ban disappeared as fast as it
appeared without word being spoken.
The ordinance had a second part that was also introduced to
stiffen penalties to $200 for motorcycles without E.P.A.
approved stamps on the exhaust pipes. This included all
motorcycles with "loud pipes" motorcycles with aftermarket
exhaust systems etc.
The ordinance was tabled largely because of our presence and
request for a definition of this ordinance, until November 6,
2007 for a second hearing. We came together again this time with
a voice. It was decided by all those concerned to go back to
City hall with one voice and one message delivered by our legal
council. Demetrious Kirkiles and Steve Sessa addressed the
council and made it clear, their proposed ordinance would never
stand up in a court of law. Other speakers, included residents
and motorcycle related businesses who also voiced their
opposition. It was then decided by the Commission to table the
vote and recommended a study and survey be conducted and a vote
would be taken pending the results of that survey and study to
be taken over 90 day's, a review and vote would be called at a
meeting in April 2008.
As of our meeting today, that meeting will probably never
happen. I believe some myths and misunderstandings were
squelched at those meetings because of who we are as
motorcyclists. They had no idea we were so well organized and
prepared to challenge them. I also believe that the impression
we made on the Commission will carry on for a long time. It was
commented by the Commissioner that we scored some very high
points in the first meeting but at the second meeting when a
young soldier returning from Iraq was presented with an award
and we rose to salute him and in support of our Troops, they
realized our patriotism and our love of freedom as American
citizens. In my opinion it was at that point they realized this
battle was over before it started. The study and survey were
really nothing more then a gesture by the Commission to appease
the Mayor.
I am also of the opinion that the Commission was looking for a
way out with dignity, a back door if you will. I think we
provided that by presenting them with a definition of state
statutes prohibiting municipalities from invoking ordinances
that supersede state laws.
I think we all came away with a victory but not in the sense of
winning a battle but more in finding the solution to a
problem through dialogue and understanding. I'm confident in
reporting to you that the issue and ordinance is going to be
left to fade into obscurity.
I hope everyone will use discretion and common sense whenever
you ride. When riding in Delray, don't give them an excuse and
they'll leave you alone.
If you are stopped for no other reason and without probable
cause, for loud pipes, aftermarket pipes or pipes without
E.P.A. stamps, visit our website
www.abatepalmbeach.com click on Legislative News, there is a
form that is a plea of "not guilty" that can be printed out and
sent in with your ticket requesting that your case go before a
judge. You can also contact ABATE P.B.C. directly at
561-483-4283 or
president@abatepalmbeach.com Do not let a magistrate /
attorney deter you, it is your right to have it brought before a
judge.
Demetrious and I also met with the judge who will be hearing
these cases including tickets issued in Ocean Ridge. He is
definitely not one to be taken lightly but he is willing to
listen. "If you are straight forward and honest, he is fair". He
is also very knowledgeable of the mechanics of cars, bikes and
boats. I got that from a P.B.S.O. Officer who is also a
motorcyclist.
It is extremely important that you follow through with your plea
of not guilty, further legal action may be taken in the form of
a class action lawsuit if the numbers warrant it.
Ride Free, Ride Safe...
Strongbow President
ABATE Palm Bch. Chapter