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No Fear In Cape Fear
Posted April 23, 2008
Cape Fear, North Carolina: March 16, 2008:
You may already be aware of the heroics of several members of the Cape Fear HOG Chapter during a robbery at a BP gas station in North Carolina, on March 16th. What you might not know is that some of the bikers were Accident Scene Management instructors.
Accident Scene Management, Inc, (ASMI) is supported by Hupy and Abraham, S.C. Our law firm has donated thousands of dollars to ASMI to help start the program and to offset some of the registration fees for students. To learn more about ASMI, visit www.accidentscene.org.
ASMI instructors are community servants. They not only are dedicated to reducing injuries and fatalities to motorcyclists but are being recognized for their recent actions when a gas station was being robbed. The robbers, Alphonso Stevenson, aka Mannie, and his 15 year old accomplice, with the street name Block, are among a group of men responsible for 16 robberies of convenience stores, restaurants and gas stations in the Cape Fear area. Stevenson was charged with 5 counts of assault with a deadly weapon with intent to kill, 5 counts of robbery with a dangerous weapon and 5 counts of contributing to the delinquency of a minor. Block was charged with 5 counts of conspiracy. They are being held in the Cumberland County Detention Center.
The following is the story told by Steve Adams, one of the ASMI instructors who responded.
Steve Adam: ASMI Assistant Instructor, U.S. Army Special Forces, Cape Fear HOG, CBA/ABATE
Members of our local HOG Chapter were meeting at our typical link up point at the BP Station on Bragg Boulevard, prior to going on a Progressive Breakfast Ride. Around 20 of us were milling around outside the station waiting on everyone to show up when the woman working inside hit the window and yelled, "they are robbing me"! Just then we heard a gun shot and a scream. Immediately, two members ran around the front of the store as I ran around the back side.
Two young men exited the store at a dead run. We yelled for them to stop and took up chase. Keep in mind we are old and slow but their baggy pants were falling down and they struggled with the fact that they did not have their shoes tied! Several of us were armed, drew our pistols for defense and took aim twice (North Carolina allows persons to carry concealed weapons). We chased them for about a 1/4 mile when they turned the corner by the strip mall. Several of our members were in pursuit on their bikes. As one member, Jerry, came around the corner they shot at him twice, but fortunately missed. We chased them into a wooded area just as the Police arrived.
A couple members rode their bikes down the road and blocked the robbers from crossing over into a thicker wooded area. When they saw the road was blocked they ran back up a hill and climbed over a chain link fence where they hid under a parked car. They were arrested when they were spotted and the K-9 Unit arrived. The first words out of their mouths when arrested were, "Them bikers are crazy"!
Luckily they shot at and missed the store clerk; however a fragment did hit her leg. Peggy Quatrone, an ASMI Lead Instructor, pulled up to the station while we were in pursuit. She attended to the store clerk.
Margaret “Peggy” Foster Quatrone, LPN, ASMI Lead Instructor, Cape Fear HOG
I guess the bottom line was that we got pretty pissed at the arrogance of those little buzzards who thought they could rob our gas station with us outside. I guess after so many robberies they were expecting us to just stand by and watch and didn’t expect a bunch of guys with guns chasing them! The Fayetteville PD has recommended us for a Civilian award and letters of appreciation. They are going to host a dinner and ceremony sometime in May.
Revolt Spreads At A.B.A.T.E. Of Illinois
Posted April 17, 2008
Few people, even members of A.B.A.T.E. of Illinois who do not attend the State Board meetings in Springfield, are aware of how censorship is enforced with an iron fist by the few in charge. The State Board of A.B.A.T.E. of Illinois has long been using its “non-preferred” vendor list to censor the monthly newsletters of its chapters, as well as to restrict each chapter’s right to associate with and accept assistance from lawyers. As more members are becoming aware of the detrimental actions of the State Board, they are starting to speak out and mobilize to stop this restriction of freedom by the very rights organization they have been supporting.
Only an Indiana lawyer is allowed to advertise for personal injury cases in the A.B.A.T.E. of Illinois state newsletter or chapter newsletters. He wrote a scathing article in the January, 2008, issue of the A.B.A.T.E. of Illinois and Indiana newsletters, accusing virtually all other lawyers of preying on injured bikers and claiming only his law firm can adequately represent A.B.A.T.E. members. He also condemned local chapters who would accept ads from other law firms, claiming that they were betraying bikers by giving them information about other law firms. The Indiana lawyer has been known to send injured Illinois bikers to a lawyer in Illinois with a third rate rating in Martindale-Hubbell.
Most notably, the South Suburban Chapter of A.B.A.T.E. of Illinois has refused to have its local Chapter Newsletter censored by the State Board. In its newsletter, South Suburban thanked Attorney Michael F. Hupy for all he has done for the Chapter over the 17 years he has been a member. Currently, the State Board is holding the position that local chapters are not permitted to advertise, thank, or even mention personal injury attorneys in their local newsletters. As a result, Michael F. Hupy, a member of South Suburban for 17 years, and Attorney Mike Donahue, the current president of South Suburban, are on the State Board’s “non-preferred” vendor list, which means that South Suburban’s current president, along with 82,000 other Illinois lawyers, cannot even advertise in his own chapter newsletter. The Westgate Chapter of A.B.A.T.E. of Illinois has expressed its support for the position of South Suburban in an editorial which ran in its local chapter newsletter in April of 2008.
The 10 chapters of the Northeast Region of A.B.A.T.E. of Illinois have been considering further actions to combat the totalitarian actions of the State Board, which include refusal to send money to the state, sell state bike raffle tickets, or to participate in state functions, etc. Several chapters have already put some of the sanctions into effect. There has also been discussion of bussing members of the Northeast Region chapters to the State Board meeting in June to express unified dissent with the current restrictions on the rights of free speech and association.
This matter is receiving national attention and this is only the beginning. As awareness spreads throughout the state, more and more members and their chapters are becoming fed up with the actions of the State Board. We will keep you posted.
For more information, see www.ssabate.org , click on “newsletter” and then click on “April 2008”.
Harley-Davidson 105th Anniversary: Free Ticket Drawing
Posted April 16, 2008
Hupy and Abraham, S.C. is offering two tickets to the Harley-Davidson 105th Anniversary in Milwaukee, August 28- 31, 2008.
To enter the drawing, send a letter along with your name, address and phone number. If you wish to be on our biker alert email list, include your email address as well. The winner of the tickets will be drawn on July 30, 2008.
If you entered any of the drawings for these tickets at various swap meets, you are still eligible to enter here.
Please do not call or e-mail. Only letters requesting consideration for the tickets will be valid.
Send your request to:
Hupy and Abraham, S.C.
TICKET OFFER Attn: Tony Sanfelipo
100 E. Wisconsin Ave, Suite 1110
Milwaukee, WI 53202
MRF Now Onboard - Please Help ABATE Of California
UPDATE: April 15, 2008
The Motorcycle Riders Foundation has circulated information about the ABATE of California Judicial Fund and the ongoing court challenge of the enforcement of the mandatory helmet law there. The MRF is asking the various states’ rights organizations to join them in supporting California’s attempt to defeat their helmet law.
Donations have been sent from various states and Hupy and Abraham, S.C. has donated $5,000.00 to the judicial fund, challenging other attorneys to make contributions also. Hupy said, “By donating $5000.00, I hope to set an example for other lawyers who represent bikers to come forward and help in the fight. This is the most important helmet case since the Wisconsin Supreme Court passed a back door helmet law and we had to get it reversed by the legislature. We need to win in court now if at all possible.”
On April 5, 2008, Hupy wrote to MRF President, Kirk “Hardtail” Willard, thanking him and the MRF for getting onboard and helping with the California request for donations to the Judicial Fund.
If you want to help, send your check payable to the Judicial Fund to:
ABATE of California, Judicial Fund, 10240 7th Ave, Hesperia, CA 92345.
Hupy Discusses Helmet Issue On Milwaukee Radio Talk Show
National Media Blitz Signals Pro-Helmet Push
Posted March 31, 2008
On Thursday morning, March 27, 2008, conservative talk show host Jay Weber opened the phone lines for a discussion on motorcycle helmets during his WISN Radio, channel 1130 AM morning show. Among the callers was Attorney Michael Hupy, of Hupy and Abraham, S.C.
Hupy explained that Wisconsin has a powerful lobby group, A Brotherhood Against Totalitarian Enactments (ABATE of Wisconsin), which has been successful in not only repealing the helmet law but keeping it off the books. During the post-repeal freedom rallies, Hupy helped get guest speakers to attend and support the efforts of ABATE. These speakers included U.S. Senator Ben “Nighthorse” Campbell, Wisconsin U.S. Senator Russ Feingold and Keith Ball, former editor of Easyriders Magazine.
Hupy also described the very successful lobby effort ABATE organized on March 4th of this year, bringing 500 bikers to the State Capitol in Madison, Wisconsin, to talk to legislators about issues related to motorcycling.
Coincidently, there was a nation wide media blitz by Gannet New Service on the same day as the radio show. Gannet owns a number of newspapers across the country including USA Today. The headlines of these articles included, "As helmet laws loosen, motorcyclist deaths spike"; "Most motorcyclists who die in accidents aren’t wearing helmets"; "Heading for trouble? Some don helmets; most say they believe in freedom of choice while riding a motorcycle"; "Motorcycle deaths on the rise across the U.S."
Most of the articles were filled with claims put forth by the NHTSA and NTSB that repeal of the helmet laws caused an increase in fatalities. Most of the articles refrained from explaining that registrations also increased dramatically in helmet repeal states. Other confusing statements in the articles include, “Southern states among those with the highest motorcycle death rates.” The overwhelming majority of southern states have mandatory helmet laws. The USA Today article points out that 42% of riders killed in Wisconsin were not wearing helmets. That means the other 58% were wearing helmets.
Although it appears there may be a push for a helmet law in Wisconsin, our state has one of the lowest fatality rates in the country for motorcyclists, even without a mandatory helmet law for adults. In fact, a 2007 report from NHTSA shows that in 2006, 12 of 20 mandatory helmet law states had an increase in motorcycle fatalities while 19 of 30 states with no helmet law for adults had a decrease in fatalities.
It is also stated in these articles that the leading cause of fatality in motorcycle crashes is head injury. That is not entirely true. The leading cause of death in motorcycle crashes is multiple blunt traumas. Unless full disclosures of autopsy results are made, it will be impossible and irresponsible to report that head injury alone killed the person.
Sturgis Sues Sturgis?
Posted March 26, 2008
The title is confusing but what is more confusing is how much damage will this suit do to the Sturgis Rally and Races? Well, that depends on which Sturgis Rally and Races we are talking about.
Most people know about the Sturgis Rally held every year in South Dakota. Started by the Jackpine Gypsies in 1938, it has become somewhat of a Mecca for motorcyclists; a sort of religious pilgrimage.
Enter Little Sturgis Rally, started in 1993 in Sturgis, Kentucky. Certainly drawing on the recognition and star power of the South Dakota event, Little Sturgis Rally has been growing over the years, raising over $2 million dollars for charity. Sturgis, Kentucky is a town of about 2,000 people, attracting about 20,000 people to the rally.
Sturgis, South Dakota attracts hundreds of thousands of people each August for the annual Sturgis Rally and Races. There are a lot of charities that benefit from this rally also, as well as the City of Sturgis. Just recently, Sturgis, Kentucky, was notified that they were being sued by Sturgis, South Dakota. Well, actually the Sturgis Chamber initiated the suit which, according to the City of Sturgis and the Sturgis Rally Committee, was done without their knowledge or consent.
Scott Reimen, President of the Sturgis Chamber, defends the suit saying it is essential that the name and trademarks be protected. He points out that the NFL would not allow a Little NFL to form, nor would NASCAR allow a Little NASCAR. Point taken. But the apparent fervor the suit has caused may do more harm than good to the City of Sturgis. Many are already talking about staying home, or visiting nearby towns like Deadwood, Lead, Custer and Rapid City while avoiding Sturgis. Some have even made plans to attend Little Sturgis in Kentucky instead.
Some of the questions circulating are why the Chamber has waited 15 years to complain about the Little Sturgis trademark infringement. Also, besides South Dakota and Kentucky, there are two other cities named Sturgis that hold motorcycle events. Sturgis, Mississippi and Sturgis, Michigan have had annual motorcycle events, cashing in on the Sturgis name. Also, Davenport, Iowa holds an annual “Little Sturgis on the River” event each year. None of these events draw the crowds that the South Dakota event does, and only one falls on the same week this year, so it’s hard to tell if any real damage is done. Time will tell what transpires with this suit, which seeks permanent injunction from using the words Sturgis, Sturgis Rally or Little Sturgis Rally. In addition, the Chamber is seeking monetary remedies to which it is entitled if successful.
For comparison, visit:
Harley 105th Anniversary and Associated Events and Parties
Posted March 12, 2008
Coming in April:
Visit the Current News for Bikers section for continued updates and news on the Harley 105th celebration and the many unofficial events and parties that are being planned for August 27-31, 2008.
We will have information about the parties, biker friendly bars and restaurants, accommodations and area bike shops and dealers. This will continually update so remember to visit this site often.
The tradition of Harley-Davidson® continues as Milwaukee gets ready for another celebration of the legacy of William Harley and Arthur, Walter and William Davidson. The company they started in 1903 has become an American legend.
Come share in the festivities and celebration of this icon of industry. There will be events taking place in a multitude of locations, but the official HD celebration will be centered on the Summerfest Grounds, the Harley-Davidson® Museum and a special exhibit at Discovery World.
Besides the Harley celebration, there will be numerous activities and parties at area bars, bike shops and parks. We will have information on as many of these events as we can on our web page under the current news for bikers section.
This year will also mark the 25th Anniversary of H.O.G., the 25th Anniversary of Buell and the 50th Anniversary of S&S.
For an early look into some of the events surrounding the Harley 105th, visit the links below. Note: only H.O.G. members will be able to access the H.O.G. information site.
Harley-Davidson
H.O.G.
MyFoxMilwaukee
Nearly 500 Bikers Visit State Capitol, Madison, Wisconsin
Hupy and Abraham, S.C. Sponsored Two Buses For Southeastern Wisconsin Bikers
Posted March 7, 2008
March 4, 2008, was this year’s annual lobby day for ABATE of Wisconsin. With the recent recommendation for universal helmet laws put forth by the National Transportation Safety Board (NTSB), ABATE decided to invite as many members as possible to speak to their elected representatives.
Southeastern Wisconsin Bikers Leave One Of Two Busses Sponsored By Hupy and Abraham, S.C.
Charter buses were used to transport bikers from every corner of Wisconsin. Hupy and Abraham, S.C. originally sponsored a bus to transport bikers from southeastern Wisconsin to the state capitol. When the District Director of ABATE told the law firm that the bus had reached its seating capacity, Attorney Michael Hupy told him he would sponsor a second bus, because “we need to get as many people to Madison as we can.”
Hundreds of Bikers Attend ABATE Lobby Day
Nearly 500 bikers answered the call to service and every state assembly person and senator was contacted. The logistical achievement of getting constituents to the right office was a tribute to the hard work and dedication of ABATE’s regional officers and legislative committee members. The halls of the capitol building were a sea of black leather and blue jeans. At least 13 motorcycle clubs sent delegates also, in support of ABATE’s legislative agenda and to offer some insight into what the clubs considered important issues to them.
Members Of The Road Runners MC And Saints MC Meet In Representative Leah Vukmir's Office
For those bikers not riding the buses, the CC Riders motorcycle club, based in Madison, offered their clubhouse parking lot as a place to park for free and they had members shuttle bikers to the capitol to lobby and picked them up on a regular schedule. The whole experience was professionally administered.
Tony "Pan" Sanfelipo Meets Sen. Dave Zien And Region 8B Representative Matt Wyatt At The CC Riders Clubhouse
The most important issues on ABATE’s agenda were the discriminatory practices of insurance companies in refusing health care benefits to anyone injured in a motorcycle accident, and the application of increased penalties for right of way violators who injure a motorcyclist. The fact that the helmet issue is a state’s rights issue and should not be championed by a federal agency was stressed in every legislator’s office. We found no support for any type of helmet legislation in Wisconsin among our elected officials.
Armed Robbery At Biker Bar - But It’s Probably Not What You Think
Posted March 6, 2008
Sydney, Australia – This country claims it has seen its share of problems with motorcycle clubs. In fact, there is legislation pending in some areas to prohibit people from joining or soliciting membership into these clubs. Even wearing club colors could be a crime. So when an attempted robbery at a biker bar was reported, you can imagine what police were thinking as they responded. But they were in for a big surprise. Police in a suburb of Sydney, Australia, credit a bike club with stopping a bar stick-up. The bandits happened to pick a bar where some bikers were holding a meeting in a back room.
According to officers, two men wearing ski masks and waving machetes stormed into the tavern, yelling at patrons to lie down, as they tried to rob the place. The commotion drew the attention of about 50 members of the Southern Cross Cruiser Club, who had just started a meeting in another room. By the time the dust settled, one robber ended up hog-tied and in the hospital. Police say the other robber escaped by leaping over a balcony.
Source: Associated Press
A.B.A.T.E. of Illinois Members Offer Reward in Tinley Park Murders
Also Members of Illinois and Chicago Bar Associations
Posted February 18, 2008
A.B.A.T.E. of Illinois South Suburban and Westgate members, attorneys Michael Hupy and Pete Naylor, announced today that their law firm is offering a $5,000.00 reward to the first person who provides information to the police leading to the arrest and conviction of anyone involved in the murders of five women at the Lane Bryant store in Tinley Park on February 2nd. Anyone with information that may help solve this crime should call the Tinley Park Police Department at 708-444-5300. The detective in charge of this investigation is Commander Tim Valois.
Our law firm has successfully helped solve two other crimes, including a murder, by offering rewards in Wisconsin cases. Two bikers were injured when they hit plastic wrap that was strung across a rural Waukesha County road. The firm paid a $5,000.00 reward in the case after police were unable to solve the crime. Police had no leads in the murder of Kevin Bohannon, the brother of a former Hupy and Abraham employee, when a $5,000.00 reward helped solve the crime within 48 hours of the announcement of the award. The firm currently has a $5,000.00 reward pending in the October, 2007 murder of two young people at a recording studio in Milwaukee.
WOMEN RIDERS HAVE A NEW WEBSITE TO CHECK OUT
Posted February 18, 2008
www.garage-girls.com goes live covering everything a girl wants to know about motorcycles and so much more. The launch of www.garage-girls.com was well received by female motorcycle enthusiasts around the world. The new site created and maintained by Sara Liberte and Jody Perewitz presents motorcycling and everything that goes along with it from a female perspective.
www.garage-girls.com is a unique, exciting new website developed to meet the growing needs of women seeking information about motorcycles and their maintenance. "Women are buying more motorcycles now than ever before. Along with owning the bike, many also want to know how to perform general maintenance, connect with other female riders about issues important to them and their everyday life. The site was created to meet their needs" explained founder Sara Liberte.
The concept driving Garage-girls.com is to encourage women to maintain a balance between their motorcycle and body. Garage-girls accomplishes this by providing quality content covering topics including demonstration videos focused on motorcycle maintenance ranging anywhere from changing fluids, battery care, tire care, tool information, new product testing and ways to individualize/customize motorcycles.
"Motorcycling is second nature to me, being raised in the industry I sometimes forget it can be a bit overwhelming and confusing. Garage-girls takes all of the information so many female riders want and breaks it down into pieces that are easy to understand and digest" stated Jody Perewitz, co-Founder of the new site.
Jody is the daughter of Dave Perewitz, renowned custom bike builder and Sara Liberte is a world-class photographer who has taken photos of most of the best bike builders in the world.
www.garage-girls.com
Secret Project: 100 mph-80mpg Motorcycle
Posted February 14, 2008
Back in the late 1970’s, Harley-Davidson engineers collaborated with Porsche to build a six cylinder, liquid cooled engine motorcycle. The secret project was shelved after millions of dollars were spent in development of the radical design. Three of the Nova bikes still exist and are warehoused in the archives at the Harley-Davidson plant on Juneau Avenue in Milwaukee.
Some of the men who worked on that project at Harley, now retired, have come together again in a new venture at Advanced Engines Development Corporation. The company is owned by Nick Hirsch, a former engineering executive at Harley-Davidson. Along with other Nova project engineers and a retired engineer from Outboard Marine Corporation, the group call themselves the Gray Eagles.
The concept bike is a 107 cubic inch, turbocharged, diesel engine powerhouse, capable of 100 mph and they claim to get about 80 miles per gallon. Advanced Engines Development has been working on this engine for a number of years, mainly for the U.S. military. But, they see definite potential for a street class, heavy weight motorcycle with a diesel engine. The sophisticated fuel delivery system is about 20% to 30% more efficient than gas engines and it produces less carbon dioxide, which will make the EPA happy.
They have a long road ahead of them, looking for investors and then a niche in the market if bikers embrace the bold new design. But they’re not in any hurry. These guys love being around each other, and love working in the shop on this bike.
Attorney Michael Hupy and Advanced Engines Development Corp. owner, Nick Hirsch sit on the Board of Directors of the Center for Teaching Entrepreneurship, an organization that promotes life skills and self-reliance in Milwaukee’s youth through the utilization of entrepreneurship
To see a video of the Gray Eagles’ diesel motorcycle, or read the complete story, click on the link below:
Helmet Freedom Of Choice Law Wins Court Test In Wisconsin
Posted February 11, 2008
In 2002, the Wisconsin Supreme Court ruled that non-use of a helmet could be used as a defense for the purpose of reducing the amount of damages allowed to an injured person who was riding an open air vehicle, such as an ATV or motorcycle.
Attorney Michael Hupy, who represents many injured motorcyclists, worked with ABATE of Wisconsin to draft language of a bill to remedy the situation. As Dave Dwyer, ABATE of Wisconsin Legislative Director put it, the Supreme Court in effect created a de facto helmet law. The case in reference was Stehlik v Rhoads, 2002 WI 73, 253 Wis.2d 477, 645 N.W.2d 889
In Wisconsin, there is generally no requirement for people over 21 to wear a helmet. What the bill Attorney Hupy and ABATE helped write accomplished was that non-use of a helmet could not be used as a contributory negligence argument to reduce recovery for injuries.
The first challenge to the law that we know of came on November 27, 2007. This test was heard in the Court of Appeals of Wisconsin, 2007 WI App 264, Aaron R. Hardy v Gary L. Hoefferle Taylor. In Hardy v. Hoefferle, the question of contributory negligence was brought against Aaron Hardy, a minor who was seriously injured in an ATV accident. The defendant-appellant, Gary Hoefferle, claimed that Aaron's parents were negligent for not requiring him to wear a helmet, stating he was required to do so under s.23.33 (3g), because he was a minor.
The Appellate court ruled that the non-use of a helmet could not be used as a defense, even though Aaron was a minor, because he was operating the ATV on land under the management and control of an immediate family member (his mother Tonna owned the land). That exception released him from the statutory mandate in s.23.33 (3g). He was also released from the requirement of taking an ATV safety course and being certified, once again because he was on private land owned by a family member.
This view was reinforced by s. 901.053, an evidence statute, which says if a person is not statutorily required to wear a helmet, 901.053 prohibits evidence of that fact from being introduced at trial, with certain exceptions.
Thus, in its first test, of the legislation that was powered through the legislature in Wisconsin with the help of ABATE and Attorney Hupy, stood up. Attorney Hupy not only helped with drafting the language of the bill, he also testified at a public hearing before a Senate Committee and an Assembly Committee and lobbied in support of the bill.
Although an ATV case, with a minor involved, it only strengthens the fact that motorcyclists will not fall victim to insurance companies looking to reduce payments to an injured biker because of the negligent behavior of one of their insureds.
Hupy and Abraham, S.C., has successfully represented well over 1,000 bikers in motorcycle accidents. We have offices throughout Wisconsin and Illinois and have collected multi-million dollar settlements as a result of motorcycle accidents in both Wisconsin and Illinois.
Hupy and Abraham, S.C. Employees Attend A.B.A.T.E. of Illinois State Seminar
Posted January 31, 2007
The weekend of January 18-20, 2008, Pete Naylor, attorney with Hupy and Abraham, S.C. and board member for the Westgate Chapter of A.B.A.T.E. of Illinois, and Bob Sumption, an investigator with Hupy and Abraham, S.C. and former President of the Embarras Valley Chapter of A.B.A.T.E. of Illinois, attended the A.B.A.T.E. of Illinois State Seminar in Springfield, Illinois. The purpose of the State Seminar is to inform and educate members and to enhance the operation of the organization. The turnout for this event was very good, despite the bitter cold weather. In addition to attending educational seminars, Pete and Bob were able to lend their assistance at the hospitality room, which was sponsored by the various regional chapters of A.B.A.T.E. of Illinois.
Hupy and Abraham, S.C. have offices throughout Wisconsin and Illinois and have received multi-million dollar settlements for motorcycle accidents in both states. Hupy and Abraham, S.C. attorneys and employees are proud members of the following Chapters of A.B.A.T.E. of Illinois: South Suburban Chapter, Westgate Chapter, Northern Illinois Chapter, Embarras Valley Chapter and Kishwaukee Valley Chapter.
NHTSA QUARTERLY MEETING
Posted January 25, 2008
FOR IMMEDIATE RELEASE
Contact: Jeff Hennie, MRF Vice-President of Government Relations jeff@mrf.org (e-mail)
January 22, 2008
The National Highway Traffic Safety Administration (NHTSA) recently held its quarterly motorcycle safety network meeting, and as always the MRF was in attendance. This meeting was like most of its kind in the past. All of the relevant government agencies had representation, as did Harley-Davidson, the Motorcycle Safety Foundation (MSF), the Motorcycle Industry Council (MIC), the American Motorcycle Association (AMA), the American Association of Motor Vehicle Administrators (AAMVA), and the National Association of State Motorcycle Safety Administrators (SMSA).
Vicky Sanfelipo from Wisconsin was granted a portion of the MRF's time during the meeting to present about Accident Scene Management Inc. ASMI prepares first responders in motorcycle-specific procedures. Many emergency response agents have little or no training with regard to motorcycles, which we all agree has its own set of characteristics from any other type of vehicle mishap, and more education for our first responders is key.
From MRF E Mail New, Motorcycle Riders Foundation… The Motorcycle Riders Foundation, incorporated in 1987, is a membership-based, national motorcyclists' rights organization headquartered in Washington, DC. The first motorcyclists' rights organization to establish a full-time presence in Washington, DC, the Motorcycle Riders Foundation is the only Washington voice devoted exclusively to the street rider. The MRF established MRFPAC in the early 1990s to advocate the election of candidates who would champion the cause of rider safety and rider freedom.
Hupy and Abraham, S.C. Makes Pledge in Helmet Fight: Issues Challenge
Nationally Important Case
Posted January 25, 2008
Hupy and Abraham, S.C. pledged $5,000 to the ABATE of California Judicial Fund. This fund was set up to accept and administer donations to assist the judicial challenges to the California helmet law, most notably Quigley v CHP.
In pledging to support the fund, Attorney Hupy has issued a challenge to other attorneys to consider similar donations. “It is our way of continuing our commitment to the motorcyclist’s rights movement across the country,” said Attorney Hupy.
California enacted a mandatory helmet law in 1990, after resisting such legislation since the Safety Act of 1966, from which such laws were born. Since 1990, there has been a 17-year struggle in the courts to challenge the mandate. The most litigious of the dissenters was Richard Quigley, who died in September, 2007. Even though he has passed on, his case, Quigley v CHP continues with the four remaining plaintiffs, Steve Barron, Don Blanscet, Steve Bianco and Patrick Holmes. This case is scheduled to be heard in May, 2008, in the California Superior Court.
Leading up to the Quigley case, three other significant cases lend arguments to the debate and the rulings in these prior cases have direct bearing to the arguments in Quigley v CHP. Those cases are;
Buhl v Hannigan (1993) 16 Cal. App.4th, 1612
Bianco v CHP (1994) 24 Cal. App.4th, 1113
Easyriders Freedom F.I.G.H.T. v Hannigan, (9th Cir. 1996) 92 F.3d 1486
The Quigley v CHP case is being handled by Wendy C. Lascher, of Lascher & Lascher, Ventura, California. Wendy is a certified specialist in appellate law, California Board of Legal Specialization.
The motorcycle community has been asked to come forward and support the court challenges in California by donating to the Judicial Fund. Attorney Hupy recognized the importance of this case and immediately pledged his support. ABATE of Delaware declared, “ABATE of Delaware is proud to represent the State that started this nation, and first on board with the desperately needed funds to maintain our freedom.” Delaware has issue a challenge to other SMRO’s to match what their little state has done.
Other chapters of ABATE have stepped up in support, as did many individuals. Freedom Fighter Hall of Fame members, Rev. John “Rogue” Herlihy and Tony “Pan” Sanfelipo have joined in support. Mike Osborn, ABATE of California Judicial Officer, Gary Hilderbrand, ABATE of Delaware Legislative Coordinator, Keith Ball, former Easyriders Editor and now owner of Bikernet.com and 5 Ball Racing is on board. Mark and Molly Infield, owners of The Carolinas’ Full Throttle Magazine support this fund, both financially and spiritually.
The call has gone out to the motorcycle community to come together in support of the California court challenges and the Judicial Fund.
We ask you to stand with us at this historic moment at which our log fought efforts to advance the constitutional indictment of FMVSS 218 based helmet laws will be tested. This landmark case deserves to receive the most forceful trial presentation, and that can only be accomplished if there is a well funded war chest.
MOTORCYCLE ACCIDENTS
EDITOR'S NOTE
"The following article was written by Mike Greenwald who publishes a blog entitled Goldiron blog. The article deals, in part, with right of way violations. Mike Hupy worked with ABATE on legislation that increased penalties for right of way violations against motorcyclists. He sent information about this legislation to over 800 law enforcement agencies in Wisconsin. In addition, Hupy and Abraham, S.C. paid for PSA's in the Green Bay Press Gazette, Madison Capitol Times and Milwaukee Journal Sentinel, encouraging motorcycle awareness by other highway users."
Posted December 31, 2007
The cost of crashes (accidents as some people refer to them) is astronomical. The insurance for a motorcycle in the USA is limited by the industry. They do not allow proper limits of coverage to cover the costs and yet in many states this insufficient coverage is not only mandatory but also insufficient. 1% of bikers such as the Hell’s Angels, Outlaws, Bandidos (and the list goes on) mostly operate and celebrate in stealth. However, the emulator of the patch on the back of the vest promoting the bad boy image is Harley Davidson with their owners group called HOG.
I think we, as motorcyclists, have finally convinced the general population we are no longer anything to be afraid of. On the contrary, we are to be used/fleeced and then ignored, on the roads and in the legislatures. Our fault.
Harleys are now a fashion accessory. That desire for complacency is shared by motorcycle riders and vehicle drivers of all sorts. Motorcyclists enjoy some of the convenience of the "Lazy-Boy" attitude and lifestyle while driving in a manner that exacerbates vulnerabilities of motorcycling. Many of motorcycling worst practices have evolved from style and imagery promoted by Harley-Davidson. Riding position and posture, ineffective mirrors, poor cornering angles and poor handling. It is no wonder that these motorcyclists die more often than predictable or acceptable regularity.
My gut feeling is that it’s a combination of simple things that are responsible for the death rate. The increase in the number of riders, the increase in the number of drivers (especially SUV drivers), more and more driver distractions like phones, GPS, and the like, much more powerful bikes being ridden by newbies, and also deteriorating roads just to name the obvious. I think the general public just doesn’t take driving seriously. How many times have you been at a 4-way stop and realized that at least one or more of the drivers didn’t know who had the right of way. They didn’t know the rules of the road? How many times have you been behind a driver that enters the freeway at 40 mph causing everyone behind him to hit the brakes and slow down before our hero finally gets around to accelerating up to the speed at which traffic is flowing?
I believe the accident rate could be cut in half if American drivers had a better attitude about driving. But that would mean that people would have to be educated and willing to assume more personal responsibility and that isn’t very popular these days. It’s easier to just let the government pass more laws to protect us from ourselves" Mike Greenwald. Goldiron Blog.
800 Law Enforcement Agencies Get Right of Way Law Information
Posted November 30, 2007
Attorney Hupy mailed a two page explanation of Wisconsin Act 466 to over 800 law enforcement agencies on behalf of ABATE of Wisconsin. Act 466 makes changes to Wisconsin law regarding right of way violations, among other things.
Specifically, ABATE was concerned about the number of accidents caused by other drivers infringing on the right of way of motorcyclists. Parts of The Act call for increased fines, license suspension and mandatory education classes for violators. Newspaper articles and first hand accounts of accidents suggested that the new penalties were not being applied.
In an effort to inform the various law enforcement agencies of the new law, Attorney Hupy mailed letters of explanation to all the law enforcement agencies in the state, totaling over 800.
In addition, it was learned that there was no mandatory appearance requirement for right of way violations, allowing offenders to simply enter a no contest plea and mail the fine back to the courts, thus avoiding the new penalties. The new language in the statute is clear: if a person violates s.346.18 and the violation results in bodily harm, great bodily harm or death, the person “shall” forfeit between $200 and $1,000 and “shall” have his or her operating privileges suspended as provided.
In an effort to correct the loophole in the statute, Tony “Pan” Sanfelipo, accident investigator for Hupy and Abraham, S.C., has been working with state lawmakers and ABATE to amend the statute and clarify the legislative intent.
Australia Considers Motorcycle Surveillance Cameras
Posted November 21, 2007
The Australian government is prepared to shell out $2.3 million on a study regarding the use of roadside cameras to track motorcycle gangs (their words, not ours).
As part of an anti gang federal initiative, the cameras could track the movements of motorcyclists in heavy traffic. This government spying on the public is made easier with the ridiculously large license plates already required in places like Australia and England.
The overall costs and maintenance of the system’s software is also under study. The cameras are intended to track gang movement, offenders fleeing from police and smuggling operations. Other hard-line anti gang measures include outlawing membership in gangs, banning the wearing of club colors, restricting the number of bikes allowed to gather at one time and monitoring known members 24/7.
So far, such tactics have not reached the free shores of America, although our Constitution is ever under attack and is being dismantled by things like the Patriot Act and listing motorcycle clubs as “terrorists.” Many in the motorcycle community do not see these things so much as crime prevention measures but rather as job security for special tactical units.
Update: South Australia…South Australian Premier, Mike Rann, announced that he has just sanctioned the world’s toughest crackdown on motorcycle gangs. These so-called “terrorists in our community” will no longer be permitted to exist in South Australia.
The new legislation targets the Hells Angels, Bandidos and affiliated clubs, the Finks, Rebels, Gypsy Jokers, Descendents, Red Devils and Mob Shitters.
In all, there are 35 reported outlaw motorcycle gangs in Australia, with a membership of around 3,500. The recent surge in violence there prompted the new legislation, which makes it illegal for gang members to gather, meet or communicate. The penalty could be 5 years in jail for violation of this law. The government can also dismantle clubhouses and strongholds as well as confiscate property including the gang’s prized Harley-Davidson motorcycles.
Hupy and Abraham, S.C. Contributes to MRF Young Activist Scholarship (YAS) Fund Third Year in a Row
Posted November 21, 2007
Hupy and Abraham, S.C. once again donated to the Motorcycle Riders Foundation (MRF) Young Activist Scholarship (YAS) Fund, recognizing that tomorrow’s success in motorcycle rights will come from today’s young riders.
After the first year start up with MRF seed money and one scholarship awarded, the YAS has grown into a successful program dedicated to educating and activating young riders to step up into leadership positions in their state organizations. Hupy and Abraham, S.C. have played a large part in that success with generous donations over the last three years, helping to double the winning candidates the second year and doubling the number again for year three.
Crystal Maney, CBA/ABATE of North Carolina was the first ever scholarship winner, benefiting from the MRF’s donation of $750.00, in 2004. The next year, due to a donation of $1,000.00 from Hupy and Abraham, S.C., Robert Cuthbertson of ABATE of California and Jennifer Lynn Basden of ABATE of South Carolina were given scholarships.
In 2006, Hupy and Abraham, S.C. donated $2,000.00, doubling the number of recipients: Sharon Dickie, ABATE of Alaska, Aaron Meyer, ABATE of Indiana, Justin Crawford, Idaho Coalition for Motorcycle Safety and David Duffy, ABATE of Iowa were chosen.
Attorney Michael F. Hupy presented Kirk Willard, MRF President and Myles France, State Reps Director, with another $2,000.00 check on May 5, 2007, during the Steam Conference in La Crosse, Wisconsin. This donation enabled Molly Sue Van Dale, ABATE of Iowa, JT Boone, CBA/ABATE of North Carolina and Sunrise Pitsch, ABATE of Wisconsin to join the ranks of YAS winners.
In addition, Hupy and Abraham, S.C. sponsored the lunch and dinner during the MRF Steam Conference. The firm also sponsored the dinner at the Steam Conference in Illinois in 2006.
Police Chief Insensitive to Dead Bikers Family…Asked to Resign
Posted November 21, 2007
On a recent trip to Europe, Attorney Hupy saw this article:
London, November 10, 2007- The London based Daily Telegraph reports that the family of a deceased biker is calling for the Chief Constable of North Wales to step down from his job. Constable Richard Brunstrom has campaigned against speeding motorists and recently used photos of a gruesome motorcycle crash at a press conference to promote his crusade for safer driving.
Liverpool resident, Mark Gibney was killed in a motorcycle crash and photos of the horrific scene were used by Brunstrom at a “closed” meeting with the press.
Despite the private nature of the meeting, Gibney’s father complained that the Chief Constable was not sensitive to the wishes of the victim’s family, and did not protect his widow and children from hearing the details of the crash.
The North Wales Police Authority is discussing the matter with the Independent Police Complaints Commission in an attempt to resolve the issue.
Lawyer Killed In Motorcycle Crash On September 9, 2007, Was A Hero
Posted November 2, 2007
Attorney Gregory Bowman died in a single vehicle crash of his motorcycle near Stockton, Illinois, on September 9, 2007. He was 53 years old.
In an age when we see so many schemes by lawyers to get motorcycle accident cases that it’s almost sickening, it is refreshing to read about a lawyer who rode a motorcycle and contributed to biking while asking for nothing in return. Some lawyers demand advertising monopolies from rights’ organizations in states the lawyer doesn’t even live in, other lawyers make you call California to get a referral in Wisconsin or Illinois, one law firm sells franchises to use the name of a large African cat for a monthly fee and teaches lawyers how to target injured bikers and a separate law firm whose senior partner was in federal prison (unbelievably he still had his license to practice law) sent direct mail advertising to injured bikers telling them to hire a lawyer they can really trust.
Gregory Bowman was different. He was a Senior Ride Captain with the Illinois Chapter of the Patriot Guard Riders.
This group honors our fallen soldiers by attending funerals, with the families’ permission, forming an honor flag line. The Patriot Guard also isolates the family and mourners from the sometime appearances of the Westboro Baptist Church members who protest the war and have particular anti-gay venom aimed at the military’s allowance of gays serving our country. Ironically, Bowman helped organize a funeral flag line for another attorney, Shane Mahaffee, who was killed in Iraq in May, 2006. His goal was to protect the Mahaffee family from protesters who threatened to attend that funeral. None did, but Westboro members did travel to Princeton in an attempt to spread their distasteful form of free speech at Bowman’s funeral.
Besides representing farmers and protecting agricultural issues, he had a passion for motorcycles. He loved touring with his Honda Gold Wing. He was returning from a trip to Galena, Illinois, a popular motorcycle destination in the northwest corner of the state, when he left the roadway and crashed. It is not known what caused this unfortunate event.
Although we mourn the loss of Attorney Gregory Bowman, we celebrate his life’s accomplishments and contributions to his fellow man. As an attorney, he cherished and protected the freedoms we all enjoy, including the right to free speech exercised by Westboro Baptist Church, however distasteful it seems to most of us.
Madame Belle’s Silver Dollar Saloon
Posted October 17, 2007
A new biker friendly bar has opened in the Richfield, Wisconsin area. Owned by the owners of Milwaukee Harley-Davidson, you know bikers are welcome anytime.
This historical saloon has a storied past. It was a biker bar back in the 1970’s, frequented by many of Milwaukee area bikers. After several changes in ownership and direction, it’s back on track as one of the best biker destinations around southeastern Wisconsin.
Besides an abundance of TV screens to watch your favorite sporting events, the saloon boasts the best fish fry you can eat, served on Wednesdays and Fridays, and the coldest draught beer anywhere.
Whether you’re on your scooter or driving the family cage, drop in to say hello and enjoy some of the fine offerings. Madame Belle’s has a legacy of whiskey, grub and revelry you won’t want to miss.
Directions: North on Hwy. 41 from Milwaukee to the Hwy. 45 split. North on Hwy. 45 to exit #60, Hwy 145. Right (east) on Hwy 145, Fond du Lac Ave, approximately 1.2 miles to Madame Belle's Silver Dollar Saloon.
S&S Celebrates 50th Anniversary
Posted October 16, 2007
S&S Cycle, Inc., located in Viola and LaCrosse, Wisconsin, will celebrate its 50th Anniversary in June, 2008. To commemorate this occasion, S&S has invited 50 of the best bike builders in the country to compete in a bike build contest. The first place winner will take home the $50,000 Grand Prize.
S&S has been the leading name in engines for the custom bike building industry. The company started out making parts to fit Harley-Davidson motorcycles. It has evolved into the industry leader for performance engines and other major components.
On June 26-29, 2008, S&S will celebrate in LaCrosse, Wisconsin with a three-day festival concluding with the announcement of the bike build winners. There will be six engine categories in the competition with specified builders working with the P-Series, SH-Series, SB-Series, V-series, T-Series and the new X-Wedge engine.
The list of builders coming to LaCrosse is impressive, to say the least. They include Chica, Arlen and Cory Ness, Departure Bike Works, Indian Larry Legacy, Donnie Smith, Jesse Rooke, Kendall Johnson, Klock Werks, Bourget’s Bike Works, Jim Nasi, Orange County Choppers and many more. Milwaukee’s own Dave Cook is entered in the SH-Series competition. There will be builders coming from Australia, Belgium, Canada, England, France, Germany, Italy, Great Britain, Holland, Japan, The Netherlands, New Zealand, Sweden and all over the United States.
Special serial numbers ranging from 1958 to 2008 will represent the 50 years S&S has been in business. The 51st engine serial number will be 2008 and will be used in a special project bike yet to be announced. The builders who use these engines (and their prospective customers if they choose to sell them after the competition) will receive a certificate and a medallion commemorating the historic pedigree of their particular engine serial number.
You won’t want to miss this incredible event. For more information and schedules, along with hotel information, go to www.sscycle50th.com.
Fill ‘er UP vs Plug it IN
Posted October 16, 2007
With all the concerns about fossil fuel shortages and emissions adding to the green house effect, some manufacturers have started making electric motorcycles. Will these “new age” power vehicles replace the combustion engine hogs? Only time will tell, but before you scoff at performance and poor battery life, consider this. These machines will propel you down the road at about 50-65 mph, top speed, although a drag racing version, the A123 Systems, of Watertown, Massachusetts, did an 8.17 second quarter mile at 156 mph.
The street version of these machines will go about 25-30 miles before needing a charge, good enough for in town commutes. On some models, you can select a lower battery power level, which could result in a range of 40-50 miles but at slower speeds. It takes about two hours to reach an 80-percent charge in most of these machines, and at 100-percent charge they can accelerate from 0-30 mph in about 3.8 seconds. They haven’t come up with a true touring version yet, so daily commutes to work or the store is what these are best suited for.
There is a big misconception that you’ll be replacing batteries every year or two, which is customary for motorcycles. In reality, the new nickel hydride and lithium-ion batteries will last as long as 10 years and a battery pack of six lithium batteries is about half the size of a regular car battery. These power packs can weigh around 80-90 pounds, but with the carbon fiber chassis and other lightweight components, these bikes only weigh about 300 pounds total.
Many independent shops are selling these types of vehicles alongside the more traditional gas powered scooters. There is a market, especially among college students, of people seeking alternatives to less efficient means of transportation.
Still, will avid riders be able to overcome the quiet ride and short distance limitations. I don’t think Harley-Davidson has anything to worry about right now, but who knows where the technology will take these electric hybrid vehicles in the future.
Michigan Lawyer Offers Free Video On Insurance For Bikers
Posted October 3, 2007
Attorney Jason Waechter, whose office is in Southfield, Michigan, has prepared a free video on the unique aspects of Michigan law as it pertains to bikers. The video also contains information on safe riding.
His video is similar to the one that this law firm has done, focusing on Wisconsin law.
Anyone who lives in or frequently travels through Michigan should ask for a free copy of this video. For more information go to ww.themotorcyclelawyer.com or call 1-877-245-3752.
New Biker Friendly Bar Opens In Southwestern Wisconsin
Posted September 26, 2007
Mickey and Elly Yoose recently opened Yoder’s Rockville Bar, LLC, a biker friendly establishment in the beautiful rolling countryside of southwestern Wisconsin.
Nestled between Tennyson and Lancaster on Highway 35 & 61, the Great River Road, this bar is a great place to take a break for some refreshments and good food. Yoder’s opens at 10 AM and has recently hosted some great poker runs, put on the by the local ABATE chapter and one of the motorcycle shops in the area.
Mickey Yoose is an 18 year member of ABATE of Wisconsin and 10 year member of H.O.G.® He invites all of his biking brothers and sisters to stop in and say hello, enjoy some warm food and hospitality. You’ll be in some of the best riding areas that Wisconsin has to offer. Take advantage of the Great River Road, both on the Wisconsin and Iowa side. You won’t regret it.
Biker Court Info System Starts In The Carolinas
Posted September 18, 2007
Bikers of Lesser Tolerance (BOLT), founded in 1992 by Tony “Pan” Sanfelipo, has two new chapters in North and South Carolina known as BOLT of the Carolinas. Director of BOLT of North Carolina, Jan Mac Kay, has put up an information web site at http://bikercourt.com where people can go to get information on how to fight a helmet ticket. MacKay is troubled by the fact that law enforcement in North Carolina are ticketing bikers and sometimes detaining them until they produce a “DOT approved” helmet before letting them ride off.
Since there is no such thing in fact or law as DOT approved, Mac Kay is calling on bikers to challenge these tickets in court and she is helping them find lawyers to defend them. Law enforcement officers have been subjectively stopping bikers based on what they perceived as a legal helmet, which is totally absurd. One cannot determine if a helmet meets the FMVSS 218 standard by visual inspection alone. Mac Kay did some research and found 59 helmet models produced by 17 different manufacturers which did not meet the standard. Some of the recalled helmets were full-face helmets which certainly would not have been questioned by the officers.
The National Highway Traffic Safety Administration (NHTSA) does not regulate consumers nor does it have statutory power to compile a list or approve helmets. BOLT of the Carolinas will continue to question enforcement of the helmet law in their states based on some premise that helmets must be approved by the DOT. BOLT is calling for everyone who is ticketed for wearing a helmet which officers do not consider compliant to challenge the ticket by pleading not guilty and going to court.
Hupy and Abraham, S.C. Successful In Another Biker Discrimination Case
Posted September 18, 2007
Hudson, Wisconsin, is a small town in northwestern Wisconsin, situated on the St. Croix River. It’s become a tourist destination and many bikers visit the area because of the scenic nature of the St. Croix Valley. A motorcycle group known as the St. Croix Valley Riders frequents the area between Wisconsin and Minnesota and conducted meetings of their group in a local bar known as Dibbo’s. The bar had some problems during a recent motorcycle event, according to police, and the new chief asked the City of Hudson to impose rules on the bar in order to maintain it’s liquor license. Among the rules, the bar would be required to install video cameras, enforce a “no colors” policy, refuse motorcycle groups to meet at the bar and inform police of the activities or arrival of bike groups to Hudson.
The St. Croix Valley Riders contacted Hupy and Abraham, S.C. because they wanted to continue to hold meetings at the bar and they questioned the legality of some of the restrictions placed on the bar. Although a business can place certain requirements on patrons, it appeared the tactics being used by the City of Hudson amounted to coercion. Hupy and Abraham, S.C. was prepared to move forward with a federal lawsuit against the City of Hudson on behalf of the St. Croix Valley Riders. During negotiations, Attorney Michael Hupy was prepared to travel to Hudson and speak with the Chief of Police and the City Council. Although no meeting took place, Hupy and Abraham, S. C. and the City Attorney’s office continued to discuss the matter. Hudson City Attorney, Catherine Munkittrick, wrote a letter to Dibbo’s on August 3, 2007, in which she expresses that Dibbo’s has the responsibility to enforce any policies it adopts as it deems necessary and appropriate, which is to say the matter is left up to the bar, not the City, as it should be.
The St. Croix Valley Riders report that they are once again allowed to conduct their meetings at the bar, thus eliminating the need to move forward with any litigation.
Hupy and Abraham, S.C. Offers Insurance Workshop
Posted September 18, 2007
The Motorcycle Riders Foundation (MRF) conducts several regional seminars a year, culminating in the national gathering known as The Meeting of the Minds. The MRF is the lobby group for the motorcycle right’s organizations across the country. Each year, at the Meeting of the Minds, a summary of the current political climate effecting motorcyclists is given along with updates on developments in Europe. Education is a priority at these conferences and a host of workshops are offered on numerous topics, facilitated by bikers who are experts in their particular fields.
Tony “Pan” Sanfelipo, Senior Accident Investigator for Hupy and Abraham, S.C. will be conducting a workshop on “Insurance for the Biker.” This is the same presentation offered at the Accident Scene Management classes taught by Tony and his wife, Vicki, and instructors in over 20 states across the country. Hupy and Abraham, S.C. also offers this lecture on DVD and provides the disk free to anyone who requests it.
Bikers are surprised to learn that their “full coverage” policies often leave them short in serious accidents. They also learn how to maximize their coverage while minimizing the premium costs and which items to add to their policies. The bottom line of the course, you have to purchase insurance wisely and not be sold a package that does not protect you.
To get your free copy of the insurance DVD, contact Tony at 1-800-800-5678 and request it, or email your request to pan@mfhupy.com
Is A Federal Or State Helmet Mandate Coming In 2008?
Posted September 18, 2007
Recent signs have made it apparent that there will be a renewed push to enact mandatory helmet laws in 2008. Anyone who is paying attention cannot miss the continued media coverage of serious motorcycle accidents in the newspapers. Serious injury or fatal motorcycle accidents almost always include whether the person was wearing a helmet or not. What isn’t reported usually is the cause of death. If there was a head injury present and no helmet worn, that was the extent of the coverage. In most serious crashes, there is extensive blunt trauma present. That means there were numerous injuries, any one of which could have resulted in death. Unless a full autopsy is performed to find these internal injuries, to say or hint that a helmet would have changed the outcome is pure speculation and bad journalism. In cases when no helmet is worn and there are no head injuries, the media never reports this fact.
The National Highway Traffic Safety Administration has been forbidden to lobby for helmet laws, but it appears another bureaucratic agency is stepping in to attempt to shape public opinion. The National Transportation Safety Board (NTSB) has come forward with some recommendations which mirror antiquated theories and speculation on safer crashes through helmet use. The Band-Aid approach of solving this problem by recommending universal helmet laws is no surprise to those in the motorcycle right’s community. To some in the right’s community, it may be the misstep they have been waiting for. The NTSB recommends that everyone should wear a DOT FMVSS 218 compliant helmet while riding a motorcycle. But who can tell us what a helmet is? In California, Richard Quigley has been asking this question for over 15 years, “What can we do to comply, with certainty, with California’s helmet law?” Apparently, the California Highway Patrol left that up to NHTSA, and NHTSA seems to think that the CHP can answer that question. Now comes the NTSB recommending that everyone wear a FMVSS 218 compliant helmet. Is it possible the NTSB can clear something up that has bogged down the courts in California for years? Is there any question now on why helmet tickets should be challenged?
Possible Traffic Stops In Minnesota During Sturgis Bike Week
Posted August 1, 2007
Information comes to us regarding possible traffic stops or check points in Minnesota, along Interstate 90. These stops may take place between exits 93 and 107, in Marin County.
All indications are that the stops will occur during the week of August 1-5, 2007, which just happens to coincide with the Sturgis Bike Rally. As usual for this time of year, there will be a heavy concentration of motorcycle traffic through Minnesota as bikers head for Sturgis.
These investigative stops will presumably target motorcyclists who exhibit strange behavior or riding habits, or display certain club affiliations. There could be lengthy delays as officers conduct their investigations. Some of these stops could be in violation of Minnesota Supreme Court rulings on traffic stops and highway check points.
If you don’t have your Constitutional Rights card in your wallet, call Tony at 1-800-800-5678 for your free copy. Knowing your rights doesn’t guarantee they will not be violated, but at least you will know if they have been and you may seek justice or a remedy in the courts.
Never become confrontational at the scene of a stop. Request the officer’s name and department information and the reason for the stop. Be polite but firm in asserting your right to leave if you are not under arrest. Obey all Minnesota traffic laws and equipment requirements. Check with the Minnesota DOT or go online to search the statutes concerning traffic and equipment laws for motorcycles. Do not carry any contraband on your person or bike and keep any prescription medications in the bottle they came in along with the pharmacies label and doctors name.
Have a safe and enjoyable trip to Sturgis this year.
Hupy and Abraham, S.C. Sponsors Fund Raiser for Injured Bikers
Charlie Brechtel has been around for over 32 years, playing his music with legendary greats like John Lee Hooker, Deacon Jones, Gregg Allman, B.B. King, Dr. John, Buddy Miles, Aron Neville, Fog Hat and more. He plays the major bike events, including The Redwood Run, Hollister, Sturgis (house band for the Buffalo Chip since 2003), Las Vegas Bike Fest, Am Jam, The Love Ride, opening for Lynyrd Skynyrd, and Daytona Bike Week, opening for Travis Tritt and Montgomery Gentry. Charlie's music defines the legacy and brotherhood that comprise the soul of the American Biker.
Posted July 26, 2007
Jack and Patti Taaffe were seriously injured in a motorcycle accident on May 28, 2007. Jack is a member of the CC Riders MC, based in Madison, Wisconsin. The club wants to host a fund raiser for the couple to help offset some of the escalating medical bills.
Hupy and Abraham, S.C., attorneys for the Taaffe’s, have agreed to sponsor the event by providing the Charlie Brechtel Band, coming directly from the Buffalo Chip in Sturgis, South Dakota. The west coast band has played at major bike events around the country and is coming to Wisconsin to perform at the Wisconsin H.O.G. Rally in Racine on August 18th and the Harley Shootout Rally, August 25-26, at Great Lakes Dragaway, Union Grove.
Charlie Brechtel is a friend of Tony “Pan” Sanfelipo, senior investigator at Hupy and Abraham, S.C. Charlie agreed enthusiastically to help out at the fund raiser, saying that bikers helping bikers is what brotherhood is all about.
The fund raiser will be held Friday, August 17, 2007, 8 PM to 11 PM, at the CC Riders clubhouse, 1325 Parkside Drive, Madison, Wisconsin. Admittance is $10 per person, with proceeds going directly to Jack and Patti.
City Coerces Bar into Violating Biker's Rights
Similar To Case Hupy and Abraham, S.C. Won For Outlaws Against Summerfest
Posted July 26, 2007
Hudson, Wisconsin, is a quaint little town in the northwest part of the state. Nestled on the St. Croix River, the downtown area buzzes with excitement as people patronize the numerous bars and restaurants.
One bar in particular is being singled out as having too much excitement. Dibbo’s, is a popular bar, attracting young party goers to its dance hall section, and bikers to the smaller bar area adjacent to the hall. There have been several biker events a year at Dibbo’s without any trouble, according to participants. This year, in an attempt to rid the city of Hudson of a so called criminal enterprise, the city along with the help of the police department is coercing the owners of Dibbo’s to enforce a “no colors” rule in the bar. Dibbo’s also had to agree to install video surveillance cameras, not allow any motorcycle groups to conduct meetings on the premises and to report to police the arrival of any motorcycle clubs to town. Refusal to accept these conditions would have resulted in the bar losing its liquor license.
The St. Croix Valley Riders, an association of motorcyclists in Wisconsin and Minnesota involved with biker’s rights issues, contacted the offices of Hupy and Abraham, S.C. The law firm won a similar case against the City of Milwaukee and the Summerfest organizers when members of the Outlaws MC were not permitted to wear colors on the grounds of the event. Although both cases involve the right to assembly, association and free speech protections, the Hudson case deals with a bar instead of a festival on public grounds. Still, the City of Hudson is targeting a class of people because of their manner of dress.
Attorney Michael Hupy has agreed to look further into the possibility of legal action against Hudson, on behalf of the St. Croix Valley Riders and the various motorcycle groups and clubs affected by the policy being forced on Dibbo’s.
A similar situation occurred in Dwight, Illinois in 2004. Click here to read that story.
California Helmet Case Update
Richard Quigley, Freedom Fighter
Posted July 18, 2007
Richard Quigley had nine helmet tickets dismissed when the Superior Court of Santa Cruz County, California, ruled that they were “correctable” tickets and the California Highway Patrol needed to sign off on them. On July 14, 2006, Judge Barton ruled that the helmet law in California was unconstitutional, as applied and enforced by the California Highway Patrol. The CHP refused to obey Judge Barton’s ruling to sign the tickets as correctable, prompting Quigley and his attorney to ask the court to find the CHP in contempt.
The Attorney General’s Office filed an action in the 6th Appellate court seeking a stay on the contempt charge against the CHP and asking for a ruling that the helmet tickets were not correctable equipment violations. After 15 months of relative quiet, on January 11, 2007, the 6th Appellate court issued an Order to Show Cause why they should not issue a Writ permanently stopping Judge Barton from holding the CHP in contempt. That request was denied on February 20, 2007.
The Attorney General’s office then engaged in a campaign to discredit defendant Quigley, by bringing up past helmet tickets and court appearances. Although irrelevant, on June 17, 2007, the 6th Appellate court made its decision. Helmet tickets are in fact correctable violations and Judge Barton was correct in so finding. But, in a strange twist, the court wrote 10 pages on why Quigley’s helmet citations were not correctable. Confusing? You bet, but so is the application of the helmet law in California, the crux of this whole issue.
The Attorney General’s office continually refuses to have the true issue heard in court and instead petitions with Writs of Mandate and other stalling tactics, which one by one are dismissed or denied by the court. With Quigley’s health failing, it is a question of time if he will get another day in court, hopefully resolving this issue.
Tommy Thompson and the "Sturgis Factor"
Posted June 21, 2007
His campaign has very little money, his polling numbers are... well, let's just say they are sub-par, and he is not exactly the darling of national media. Yet there is an almost religious like fervor among his supporters that makes former Wisconsin Governor Tommy Thompson's presidential candidacy hard to dismiss.
Governor Thompson is a motorcycle rider. Not a photo op or Saturday afternoon parade rider, but a real motorcyclist who takes thousand mile plus trips. He has won much respect from Wisconsin bikers for his time in the saddle and they regard him as one of their own.
In writing about Governor Thompson's campaign strategy in the Washington Post, columnist George Will described something called the "Sturgis Factor." The "Sturgis Factor", as defined by Mr. Will, is the possibility of a large number of motorcyclists returning home from the annual motorcycle rally and participating in the straw poll. Could this politically hard to define voting block turn from the current front running juggernauts and cast their lot with a fellow rider such as Mr. Thompson?
The Motorcycle Riders Foundation (more specifically MRFPAC) is not endorsing a candidate in the Iowa straw poll. We are encouraging involvement however. A group of riders has formed "Team Tommy" to support the governor's campaign. Team Tommy counts among its members the founder of ABATE of Wisconsin. They are planning a ride on August 10 in Ames to support the governor's efforts which will coincide with the Iowa straw poll. Non-Iowa residents will be welcome to participate in the parade. Check out Team Tommy's web site at http://www.teamtommy.org/ and consider supporting a fellow rider.
Best of luck to our good friend, Governor Tommy Thompson.
Ride Free Forever
Michael Kerr
MRF Vice President
Presidential Candidate, Tommy Thompson, Visits Little Sturgis on the River
Tommy Thompson at Little Sturgis on the River
The Big Schwag, Tommy Thompson and Randy Simpson excite the crowd
Tommy Thompson speaks about freedom, motorcycles and patriotism
Posted June 21, 2007
Former Governor of Wisconsin and current presidential candidate Tommy Thompson visited Davenport, Iowa on June 15th. It was the annual “Little Sturgis on the River” event which attracts thousands of bikers from Iowa, Illinois, Wisconsin and Minnesota.
Team Tommy organizers, Tony and Vicki Sanfelipo, were on hand all weekend at a booth promoting Thompson and advertising the Straw Poll vote on August 11th and the street party they put together for August 10th, in the cultural district of Ames, Iowa.
Thompson flew into Cedar Rapids earlier in the day for an event that lasted until 7:30 PM. He was driven to Davenport by staff workers and arrived at just after 9 PM. The “Big Schwag”, host of Discovery Channel’s Monster Garage, greeted Thompson along with Randy Simpson of Milwaukee Iron and the former “Southern Steele” program, also on Discovery. They whisked Thompson to a stage in one of the large tented areas where he was greeted by a capacity crowd. Thompson spoke about motorcycling, freedom, patriotism and the special bond bikers share. He was introduced by former Wisconsin Senator and marathon bike rider, Dave Zien.
Although his staff members wanted Tommy to leave after his speech in order to drive to Chicago and catch a plane for his appearance the next morning, he decided to stay and talk to people and shake hands. He really enjoys being with bikers and discussing whatever it is they want to talk about. His charisma carried the night and he still had many fans lining the roadway wishing him farewell as he drove off. It is hoped that a large contingency of bikers come to Ames, Iowa on August 10th and 11th to show their support of Thompson during the Straw Poll vote.
Patriot Guard Duty: Welcome Home
Petty Officer Derek Piatt shakes Tony "Pan" Sanfelipo's hand as he is welcomed home
Posted June 21, 2007
Hupy and Abraham, S.C. investigator, Tony “Pan” Sanfelipo, volunteered time to work at the campaign booth for Tommy Thompson at the Little Sturgis on the River event in Davenport, Iowa. Pan is a member of the Patriot Guard Riders, and some other members recognized him by his Patriot Guard hat. They invited him to a welcome home mission on Saturday, June 16th, at the Quad City Airport in Moline, Illinois. Pan has served on several missions for the Patriot Guard, but never a welcome home mission, so this was very special.
PO 3 Derek Piatt was returning from Iraq and his mother and girlfriend contacted the Patriot Guard and asked that they conduct this mission, without Derek’s knowledge. There was a large group of Patriot Guard Riders who formed a flag line to greet Piatt as he headed for the baggage area. His mother and girlfriend emerged from among the ranks to Piatt’s surprise. It was an emotional reunion that he will never forget. From the airport, the riders escorted Derek to his grandmother’s house in Bettendorf, Iowa, for another surprise. His grandmother had just undergone knee surgery and did not know he was coming over to her house. After attending flag lines of fallen heroes, Pan was grateful to have had the opportunity to shake the hand of a real hero and welcome him home. Welcome home Petty Officer Derek Piatt.
FREE VIDEOS AGAIN AVAILABLE
Posted June 12, 2007
Many of our friends have asked us for copies of videos on the type of insurance needed for their motorcycles and cars or for a copy of our free video entitled “Busted: How To Survive Police Encounters.”
These videos (the insurance video is available in VHS or DVD) are available again. A separate video entitled “Secrets Insurance Companies Don’t Want You To Know” along with a booklet on what to do if you’re involved in a motor vehicle accident are again available.
Topics in the booklet include:
· What to do immediately after an accident
· How the right lawyer can help you get a fair settlement
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