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Kill A Biker: Go To Jail
Posted May 22, 2009
During the Harley 105th Anniversary in Milwaukee in 2008, a biker from Ann Arbor, Michigan was hit and killed by a drunk driver. Mike Fleming rode in for the big Harley party with some of his friends. They were riding in a group when the 62-year old woman crossed into their pack nearly taking them all out. Fleming was killed and there was an outcry from the motorcycle community for justice.
ABATE of Wisconsin member Steve Johnson kept in contact with the Michigan bikers and helped coordinate several things including a web site, www.mikeyslastride.com, a press conference and bikers attending the sentencing of the defendant, Kathleen Boland. She was sentenced to 10 years in prison with no early release and five years of supervision after her release.
Steve Johnson contacted Hupy and Abraham, S.C. and we helped sponsor the website as well as pay for a communications company to assist Johnson in contacting the media for the press conference and court appearances. As Attorney Michael Hupy said after the sentence was handed down, “As tragic as this whole case is, it does underscore the point that there are serious consequences to killing a biker and that the activism of Steve Johnson and other members of ABATE of Wisconsin in bringing this matter to the public’s attention can make a difference.”
The Biggest Mistake Bikers Make
What Every Biker Must Know - What Your Insurance Agent Won’t Tell You
Posted May 22, 2009
The biggest mistake bikers make is trusting that a negligent driver will carry enough insurance to cover their damages in the event of a crash. Even trusting your own insurance company to cover you adequately is a big mistake. You must take matters into your own hands and intelligently buy the right insurance in the right amounts. How do you know what to buy? We can help. Send your name and mailing address to Hupy and Abraham, S.C., 100 E. Wisconsin Ave, #1110, Milwaukee, WI 53202 or email: pan@mfhupy.com and request the free Legal & Insurance video. This informative video, narrated by Attorney Jason Abraham, one of the owners of Hupy and Abraham, S.C. is loaded with information on how to buy insurance and save money doing it. Don’t be underinsured, don’t buy the wrong insurance and don’t trust the other guy to have you covered.
Black ‘n Blue Ball 2009
Less Than Half Of Our Forty Guests - Back row: Quinn, Gary Fordham, Jason Abraham,
Michael Hupy, Actor and Producer Patrick Kilpatrick, Suzanne Zien, Charlie Fruit, Dave Zien,
Tony Sanfelipo and Greg Rodd. The rest of the gang pictured from left to right: Paul Vita,
Julie Egide, Dave Charlebois, Vicki Sanfelipo, Tiger, Diane Rodd and Teri Beyer.
Posted May 22, 2009
Every year on the first Friday in May, Harley-Davidson hosts the Black ‘n Blue Ball to benefit the Muscular Dystrophy Association. Attorney Jason Abraham, one of the owners of Hupy and Abraham, S.C., sits on the committee that organizes the Black ‘n Blue Ball and the law firm purchased four corporate tables, instead of three as in past years.
Forty people attended the ball as guests of Hupy and Abraham, S.C. The firm usually invites local bikers, clients and dignitaries. In the past, these dignitaries have included artist and actor Ray Kelly, musician and Harley-Davidson historian Martin Jack Rosenblum, and New York fire fighter Bill Eisengrien (one of three fire fighters memorialized in that famous flag raising photo after the attack on the World Trade Center).
Special guests of Hupy and Abraham, S.C. at the 2009 Black ‘n Blue Ball included Dave Zien, who just became the first person to ride one million miles on the same Harley-Davidson, and actor, producer and long-time friend of Michael Hupy, Patrick Kilpatrick, who came in from Hollywood. Patrick has been in over 120 movies and television shows. He joined a number of area motorcyclists as guests of Hupy and Abraham, S.C.
The 6’2”, 220 lb Kilpatrick owns his own company, Uncommon Dialogue Films, Inc, and has acted in over 120 films, including “Replacement Killers”, “Eraser”, “Last Man Standing” and “Under Siege II”. He also has appeared in a number of TV shows including “Boomtown”, “Las Vegas”, “CSI-Las Vegas” and “24”. For more information on Patrick Kilpatrick or any actor, director, producer or movie, see www.imdb.com
Among the bikers at the four Hupy and Abraham tables were ABATE of Wisconsin Executive Director Greg Rodd and his wife Diane, Rescue Riders founder Dean Akey and his wife Eileen, ABATE Milwaukee Region Representative Paul Vita and his wife Lynne, Milwaukee Harley-Davidson dealership owner Chaz Hastings and his wife Laura, A.B.A.T.E. of Illinois, Kishwaukee Chapter member Charlie Fruit and many other local ABATE members and officers.
The Black ‘n Blue Ball in Milwaukee is the largest fund raiser of this type in the country benefitting MDA. This year the Black ‘n Blue Ball raised just under $500,000 for the MDA.
Get Your Free Million Mile Motorcycle Commemorative Rights Card
Posted April 29, 2008
On April 4, 2009, Dave Zien became the first person to ride one million miles on the same Harley-Davidson. Hupy and Abraham, S.C. sponsored Dave in his attempt to reach this amazing goal. As Dave entered the parking lot at Hal’s Harley-Davidson, New Berlin, Wisconsin, his odometer turned to all zeroes as he logged the millionth mile. Riding behind Zien on this historic occasion was Attorney Michael Hupy. Together, Zien and Hupy carried 10,000 of the famous Sturgis Calendar/Constitutional Rights Cards in the saddle bags and in back packs.
To commemorate the moment, Hupy and Abraham, S.C. had special cards printed proclaiming the Million Mile Harley. Printed in patriotic red, white and blue, the cards have the dates of Sturgis and Bike Week through 2011 on one side, and a statement of your Constitutional Rights on the other. These cards are free and distributed to many bike shops and other biker friendly businesses. If you would like some, write to Hupy and Abraham, S.C., 100 East Wisconsin Ave, Suite 1110, Milwaukee, WI 53202. These collector cards are in limited supply and once they’re gone you won’t be able to get this particular version again. We will continue with the regular Sturgis Calendars and Rights Cards when the Million Mile Cards are all gone.
If you would like to be placed on our email alert list, send an email to pan@mfhupy.com and say, "add me to the alert list." You will then receive periodic emails alerting you to new legislation, bike events or other things of interest concerning motorcycling. We do not share this email address list with anyone else and we do not send advertisements to this list.
Million Mile Motorcycle Event A Success
Dave Zien honors Attorney Michael Hupy by riding him into Hal's Harley-Davidson
as his bike turns over the record breaking million mile mark.
Posted April 10, 2009
The million miles on a single motorcycle challenge has been met. Dave Zien crossed over into the record books once again with this amazing accomplishment.
“I could not have reached my goal of one million miles on my 1991 FXRT without the assistance and generosity of Michael Hupy and Hupy and Abraham law firm,” Zien said. Hupy and Abraham, S.C. was the sole sponsor of the final leg of the million mile quest and also sponsored the “Landing Party” at Hal’s Harley-Davidson and Buell in New Berlin, Wisconsin on April 4, 2009.
ABATE of Wisconsin Director of Public Relations, Dave "Chubby" Charlebois,
attended the "Landing Party" program.
With less than 3,500 miles to go as of March 30, 2009, Zien decided to complete his final leg by riding to Florida and back, landing at Hal’s Harley-Davidson on April 4th. Joining him on the trip was Tony “Pan” Sanfelipo, Sturgis Freedom Fighter Hall of Fame member, founder of ABATE of Wisconsin and a 16-year employee of Hupy and Abraham, S.C. Also riding with Zien was Dan Stephans, an Iron Butt competitor and long distance rider in his own right.
The trio rode through rain and high winds, arriving at Space Coast Harley-Davidson in Palm Bay, Florida, on Wednesday, April 1st. They met photo-journalist John “Rogue” Herlihy who would ride back to Wisconsin with them to cover the event for several motorcycle magazines and internet news sources. Rogue is also a member of the Sturgis Freedom Fighters Hall of Fame.
Dave's odometer turned to all zeroes as he arrived at the landing party on
April 4, 2009, at Hal's Harley-Davidson in New Berlin, Wisconsin.
The return trip was full of adventure, including tornado warnings and flash floods near Nashville, Tennessee. The four riders rolled into Kegel’s Harley-Davidson in Rockford, Illinois, at 3:15 pm on Friday, April 3rd. After some interviews with local press, they returned to Wisconsin with only 70 miles left to go before Zien’s odometer registered 00000.0 signifying one million miles.
MRF President, Kirk "Hardtail" Willard thanks Dave Zien on behalf of all he's
done for biker's rights as ABATE of Wisconsin Executive Director, Greg Rodd,
ABATE of Wisconsin Founder and Hupy and Abraham, S.C. employee,
Tony "Pan" Sanfelipo, and Dave Zien listen.
On Saturday, April 4th, the four once again threw their legs over the saddle and rode around the countryside of Waukesha County, arriving at a staging area with 2 miles left to go to reach the million mile goal. It was calculated earlier that the staging area was 2 miles from Hal’s Harley-Davidson. As the Patriot Guard Riders formed their escort with bikes adorned with American Flags, Attorney Michael Hupy was invited to ride the final 2 miles of this 18 year journey as a tribute and recognition of all he does for motorcyclists, the motorcycle community and his generous sponsorship of Zien’s world record quest. With Hupy and Abraham, S.C. partner, Jason Abraham riding next to Zien, and Tony Pan flanking the other side, the group rode out with an escort of over 40 motorcycles. The calculations were accurate as the odometer registered 00000.0 just as Zien rode the bike onto the stage.
Waukesha County Executive Dan Vrakas presents Dave Zien with a proclamation
while gubernatorial candidate, Milwaukee County Executive Scott Walker, awaits
his turn. Walker is expected to announce his candidacy for Governor of Wisconsin
on April 28, 2009.
Dave Zien publicly thanked Hupy and Abraham, S.C. at the beginning of the ceremony, once again reminding everyone of the contributions to the motorcycle community that the law firm so generously gives. Then it was time to honor Dave Zien. He received awards, proclamations and accolades from Accident Scene Management, Inc. and Rescue Riders, the County Executives of Waukesha and Milwaukee, the Iron Butt Association and finally the Harley-Davidson Motor Company. Harley-Davidson invited everyone to come to the Juneau Ave. facility on Monday, April 6th, to witness Dave Zien being presented with the keys to a new 2009 Road Glide.
Dave and Sue Zien leave the Harley Motor Company on his new 2009 Road Glide
which was presented to him on behalf of his world record million miles on a
single Harley-Davidson.
His 1991 FXRT is now officially retired, never to be ridden again, and will be on permanent display at the Sturgis Motorcycle Museum and Hall of Fame in South Dakota. Shortly before he took ownership of his new bike, Zien offered several people a chance to ride this million mile record motorcycle. Attorney Jason Abraham, one of the owners of Hupy and Abraham, S.C., accepted that offer and became one of only a few who have the privilege of saying they rode a record breaking Harley-Davidson.
Watch Video Of The Landing Party Program: http://www.youtube.com/watch?v=hKeeBOum7DY
ABATE Gets The Job Done; Lobby Day Brings Over 500 To The Capitol
This is just a portion of the 500 who attended ABATE of Wisconsin's Lobby Day
on February 26, 2009.
Posted March 4, 2009
On the year marking its thirty-fifth anniversary of advocating for Motorcyclist’s rights in Wisconsin, members and supporters of ABATE of Wisconsin got the job done February 26th in Madison with over 500 bikers in attendance looking for support for ABATE’s 2009 legislative agenda. Every state legislator’s office was visited and once again, ABATE of Wisconsin and its supporters showed that grassroots lobbying is the most effective way of reaching our legislators. Buses were rented to carry ABATE members to the capitol from every corner of the state. Hupy and Abraham, S.C. paid for two buses to bring southeastern Wisconsin bikers to Madison, a commitment the firm started at last year’s lobby day. Hupy and Abraham, S.C. also offered to rent buses to carry ABATE of Illinois members to Springfield for their lobby day. Attorney Hupy said, “ This is a critical time, where the tide could turn and we must get as many people to Madison and Springfield as possible.”
ABATE of Wisconsin’s 2009 legislative agenda includes amending parts of recently passed legislation that was intended to enhance penalties for right of way violations and make motorcycle awareness such as ABATE’s Share the Road program mandatory for all violators. Since this law has been in effect for more than two years now and we have seen very few enhanced penalties issued, this is one of ABATE’s top priorities. A great amount of interest was shown by legislators on this issue.
ABATE members and supporters also took this opportunity to re-introduce themselves to legislators and to let them know their stance on the current helmet law in Wisconsin and the overwhelming need for crash avoidance solutions, not safer crashing. As in the past, Attorney Hupy accompanied bikers to various meetings, lending his expertise in communicating issues to law makers as well as mentoring new lobby participants.
Just after noon in the Capitol rotunda, Senator Mary Lazich presented ABATE of Wisconsin Executive Director Greg Rodd with a certificate from the Senate recognizing ABATE of Wisconsin for thirty-five years of protecting the freedoms and promoting safety and awareness for all motorcyclists in the state. Hupy and Abraham, S.C. senior investigator, Tony “Pan” Sanfelipo, is the founder of ABATE of Wisconsin and remains active in ABATE’s legislative issues. He and Attorney Michael Hupy are life members of ABATE of Wisconsin, as well as members of A.B.A.T.E. of Illinois and the MRF.
ABATE of Wisconsin’s goal is to give the motorcyclists of Wisconsin a strong, united voice, with regard to their future, their way of life, their safety and their legal rights as motorcyclists and citizens.
Contributed by Dave "Chubby" Charlebois
Lobby Efforts Are Important: Training Is Essential
Posted February 23, 2009
Every day it seems more and more anti-motorcycling legislation is popping up. Many states are gearing up for visits to their state capitols in an effort to discuss these issues with lawmakers and to present a unified message from the motorcycle community.
ABATE of Wisconsin’s Lobby Day is scheduled for February 26, 2009. Last year, 500 ABATE members and concerned motorcyclists visited every state legislator’s office bringing the message that we don’t need mandatory helmet laws, restrictive insurance measures or cuts in motorcycle safety funding. Last year, Hupy and Abraham, S.C. sponsored two busses to bring bikers from the southeast part of Wisconsin to the state capitol. This year, the law firm has promised to pay for three busses to take Region I ABATE members to Madison. In addition, it was learned that in Illinois, two helmet reinstatement bills have surfaced, SB 1351 and HB 0925. Hupy and Abraham, S.C. has offered to pay for up to three busses to take ABATE members to the capitol in Springfield, Illinois as well. “This is a critical time, where the tide could turn and we must get as many people to Madison and Springfield as possible,” said Attorney Michael Hupy.
Besides funding the busses from southeast Wisconsin for two years in a row, Hupy and Abraham, S.C. also helped to sponsor the Officer Training seminar for ABATE of Wisconsin by paying for the evening dinner for the nearly 200 activists who spent a weekend attending workshops to prepare for this year’s lobby effort. The bikers who participate in the lobby effort here are well educated in the issues, have position statements on various issues to leave with legislators and approach the entire lobby effort in a well orchestrated manner, thanks to ABATE of Wisconsin’s officer training program.
Lawyers: Let’s Raise Money For The MRF
Posted February 23, 2009
In an article, posted on October 27, 2008, we pointed out that the MRF is having financial problems. In these troubled times Michael F. Hupy, personally, was the first to donate money to the newly established MRF A&E fund. This new 501 (C) 3 corporation, unlike the MRF, can accept corporate donations that allow for tax deductions. The MRF A&E fund will provide educational information, fund legislative and historical research, develop motorcycle safety campaigns and assist in sponsoring a portion of the workshops presented by the MRF at various regional and national conferences.
Hupy became the first to donate to this fund by presenting MRF President, Kirk “Hardtail” Willard, with a check in the amount of $5,000.00. Attorney Hupy noted that a number of personal injury attorneys have made motorcycle cases a large portion of their practice. He believes that these attorneys have an obligation to support the motorcycle community in more ways than just representing injured bikers. He has issued a challenge asking them to donate at least $1,000.00 to the MRF. He will match the first ten attorneys who donate for an additional donation from Hupy and Abraham, S.C. of up to $10,000.00.
Since issuing this challenge, Hupy and Abraham, S.C. was informed that two chapters of A.B.A.T.E. of Illinois were returning some advertising money for ads in their respective newsletters. They were forced to return much needed advertising revenue because of a claimed oral advertising agreement A.B.A.T.E. has with an Indiana law firm. Their loss is the MRF’s gain. Hupy and Abraham S.C. is sending an additional $1,500.00 to the MRF from the returned advertising money and donating the remainder of the returns to ABATE of Wisconsin.
Partial Victory In California Helmet Law Challenge
Posted February 23, 2009
The mandatory helmet law took effect in California in 1992, and for the last 17 years a small group of dedicated freedom fighters, including Hupy and Abraham, S.C., has fought it tooth and nail.
The most recognizable and prolific adversary to the law was Richard Quigley, who passed away on September 15, 2007, before his case of Quigley v CHP was heard. Richard Quigley, Steve Bianco, Don Blanscet, Steve “Red” Barron and Pat Holmes, all BOLT/ABATE members in California, filed a lawsuit in 2007 challenging the unconstitutional enforcement of the helmet law there.
A previous court challenge, Buhl v. Hannigan, said that neither an officer nor a consumer is expected to be able to determine if a helmet complies with the federal FMVSS 218 Standard by visual inspection alone. In fact, the court said that was absurd.
Later, in 1994, another challenge from one of the current plaintiffs, Steve Bianco, went even further. In Bianco v. CHP, the court required a formal determination of non-compliance and proof that the rider knew the helmet did not comply with FMVSS 218.
In 1995, reiterating what was said in Buhl v. Hannigan and Bianco v. CHP, Federal Judge Napoleon Jones issued a permanent injunction in Easyriders Freedom F.I.G.H.T. v Hannigan, 887 F. Supp.240 (S.D.Cal.1995), limiting the issue of citations for non-compliant helmets. The CHP apparently ignored the court ruling and continued to issue citations based on visual inspection and fabrication.
This set up Quigley asking the court to find the CHP in contempt for not writing helmet citations as “correctable” violations, per the statutes. The court agreed which resulted in Superior Court v. CHP. The Sixth Circuit Court of Appeals reversed this decision but set the stage for the final assault, Quigley v. CHP.
A call for assistance went out nationally, asking the bikers of America to support this challenge through donations to a special fund administered by ABATE of California. Hupy and Abraham, S.C. donated $5,000.00 to the fund, joining many individuals and business around the country. Tiny ABATE of Delaware was one of the first to answer the call with their donation of $5,000.00.
Due to some 11th hour motions by the defense, much of the plaintiff’s evidence was disallowed. The court ruled in favor of the CHP in finding no unconstitutional application of enforcement of the helmet law.
Still some positive aspects came from this trial. Besides dropping their demand for court costs, the CHP petitioned the California Judicial Counsel to change the Bail & Penalty schedule to list sections 27803 (b) and (c) of the California Vehicle Code, relating to motorcycle helmet enforcement, as “eligible for correction.”
Further, the CHP issued Management Memorandum 08-071 to all Commanders, which informed them that officers shall no longer cite for hard shell “beanie type” helmets. Also, officers shall not seize any helmet as evidence and supervisor approval shall be obtained before citing a motorcyclist for wearing any type of head covering an officer determines is not a motorcycle helmet.
While the CHP memorandum and change in the Bail & Penalty schedule address some of the enforcement problems faced in the past, there is still the issue of vagueness which could be challenged again in the future.
BOLT of California has said along, if there is No List, there is No Law!
Cambodia’s New Helmet Law Met With Civil Disobedience
Posted January 14, 2009
Attorney Michael Hupy and family were in Cambodia over the Christmas holiday and saw civil disobedience on the first 3 days of the newly enacted mandatory helmet law. Less than half of the people Attorney Hupy saw riding motorcycles were wearing helmets. In some instances, a father and mother were wearing helmets but their infant being held by the mother was not. It is common for three or four people to ride on one motorcycle in Cambodia.
Many of the bikes in Cambodia often carry more than one person and
sometimes up to five or six. Photo taken by Rex Hupy.
According to the Cambodia Daily, the local newspaper, police issued 124 fines to people for not wearing helmets on January 1, the first day of the new law. Despite Attorney Hupy’s observations, police say compliance has gone up to 70%. Still, most students seem to ignore the law according to Tin Prasoer, municipal traffic police chief.
Cambodia has a population of 14.1 million people and motorcycles are an important mode of transportation. According to a report published by World Health Organization (WHO), in Phnom Penh, the capital city of Cambodia, about 89% of fatal collisions involve motorcycles. The mandatory law came about as a product of collaboration between WHO, Handicap International, the Cambodian Ministry of Health, the Cambodian Red Cross and the Red Crescent Society.
Crowded streets are packed with motorbikes and despite the new law, Attorney
Hupy saw a less than 50% compliance while visiting when the new law went
into effect. Photo taken by Rex Hupy.
Drivers without helmets will be fined 3,000 riel (approximately US $0.75). Chief Tin Prasoer denied that the new fines are being pocketed by his traffic police officers, who have a well known reputation for such activity. He said, “No police take fine money. Previously they were, but now we have strict rules [against it].”
Is It A Motorcycle Or A Unicycle?
Posted January 5, 2009
A young inventor has created a motorbike with a twist -- it uses two wheels but they are positioned right next to each other, giving it the illusion of being a powered unicycle. And even better, it might help save the planet.
Ben Gulak has spent several years building the electric Uno that uses gyroscopic technology, like the infamous Segway commuter device, to stay upright. The bizarre-looking contraption has only one switch -- on or off -- and is controlled entirely by body movement. The rider leans forwards to accelerate to speeds of 25 mph and back to slow down. It has two wheels side-by-side and has been turning heads wherever it has been ridden.
Ben Gulak designed the Uno himself with the help of a simple 3-D program. The green machine is so small and light it can be taken indoors and carried into elevators and is recharged by being plugged into the electric outlets in walls.
The wheels are completely independent, allowing the bike to turn on a dime and the technology takes the balance and guesswork out of riding a unicycle. Its 18-year old creator is now looking for investors to get the Uno into production and onto the streets
Harley-Davidson Rider Joins List of Bun Burner Gold Finishers
Posted December 18, 2008
As we pause until spring to witness Dave Zien achieve one million miles on his 1991 FXRT, I wanted to share the news about another long distance rider and friend entering the record books. Below is his story.
To My Friends, Fellow Riders and Freedom Fighters:
The most challenging ride in the Iron Butt Association' s Bun Burner GOLD motorcycle endurance riding certification series is the "Bun Burner GOLD Trifecta", also called the "BBG4500":
http://www.ironbutt .com/rides/ rideslogin. cfm
The BBG4500 requires three consecutive, back-to-back- to-back days of riding over 1,500 miles in under 24 hours, for a total of over 4,500 miles in under 72 hours. To date, only 7 riders have ever completed a Bun Burner GOLD Trifecta:
Bun Burner GOLD Trifecta Finishers (Back to Back to Back Bun Burner Golds!):
Name Hometown Date Motorcycle Mileage
Derek Dickson Duluth, MN 08/28/07 Yamaha FJR1300 4,672
Curt Gran Pewaukee, WI 07/04/07 Honda ST1300A 4,566 (Curt is ABATE of Wisconsin’s webpage master)
Steve Broadhead Calgery, AL CANADA 03/13/06 Honda ST1300 4,512
John Tomasovitch Throop, PA 03/09/06 BMW K1200RS 4,500+
Peter Leap Marblehead, PA 03/09/06 Honda ST1300 4,500+
Peter A. Murray Hackettstown, NJ 09/23/05 BMW K1200LT 4,564
John C. Ryan Roxbury, NJ 10/04/04 BMW K75 4,619
Given IBA approval of the ride certification submission package I am mailing today, that number will increase to 8, and this list will at long last include a Harley-Davidson rider (and BOLT member):
At 2:18am ET Monday 15 December 2008, I pulled an ATM receipt at a SoBe Wachovia to mark the end of my 39th Iron Butt ride, a three-day BBG4500 over which I covered 4,558 miles in 71 hours 6 minutes, advancing my odometer to 155,795.
Leg 1 commenced at 3:12am ET Friday 12 December, riding from Miami Beach FL to IH195 to IH95 through Jacksonville FL, Savannah GA and Florence SC to Dunn NC and back for a total of 1,532 miles in 21 hours 57 minutes.
Leg 2 commenced at 3:36am ET Saturday 13 December, riding from Miami Beach FL to IH195 to IH95 to the Florida Turnpike through Orlando FL to IH75 toIH10 through Tallahassee FL and Mobile AL to Moss Point MS and back for a total of 1,515 miles in 22 hours 2 minutes.
Leg 3 commenced at 4:16am ET Sunday 14 December, riding from Miami Beach FL to IH195 to IH95 to IH595 to Alligator Alley through Naples FL to IH75 to IH475 to IH75 through Atlanta GA to IH20 to Douglasville GA and back for a total of 1,511 miles in 22 hours 2 minutes (coincidentally the same time as Leg 2). I chose a wee-hours starting time so I would always be in the coldest part of each leg (northern end) at the warmest part of each day (early afternoon) to lessen cold weather impacts and inefficiencies.
My reincarnated '99 FXDS with its remanufactured Twin Cam 88, new H-D stock carburetor and overhauled 5-speed transmission performed flawlessly (so well, in fact, that I earned performance awards from a couple of Dixie's finest LEOs). And I can't thank people like Andy Vazquez, Bobby Grimes, Joey Barbosa, Charles Paken and most especially Diann Pearson enough for taking the pain out of the IBA witness signature collection requirements for me.
I'll have a LOT more to say about this insane ride in future installments of "Distance Riding with Bruce": http://distanceriding.ldrlongdistancerider.com
Until Next Time ... Ride Long, Ride Free!
Bruce Arnold :-)
Bruce@LdrLongDistanceRider.com
Author and Publisher, LdrLongDistanceRider.com
Co-Moderator, Bruce-n-Ray’s Biker Forum
Mile Eater Gold Member, Iron Butt Association (IBA)
Member, Bikers of Lesser Tolerance (BOLT of Florida)
Sustaining Member, Motorcycle Riders Foundation (MRF)
2007 Chairman's Circle, American Motorcyclist Association (AMA)
Super Ferrari For A Super Price
Posted December 8, 2008
While everyone is worried about the recession and the cost of luxury items like motorcycles, you’re not bothered and are actually thinking about purchasing a super bike with Italian design, like the Ducati Street Fighter S or maybe even the MV Augusta Brutale 1078RR. Well forget about them. If you really want an Italian dream machine to set you apart from the rest of the world, look no further.
In 1990, engineer David Kay was inspired to create a new Ferrari motorcycle in tribute of company founder, Enzo Ferrari. He called Piero Ferrari, Enzo’s son, and got permission for the project and more importantly permission to put the Ferrari stallion medallion on the bike.
Of course, this isn’t really a Ferrari motorcycle. They never built one and probably never will. Giving permission to use their logo is probably as close as it will ever get to having a Ferrari motorcycle. Although the David Kay machine seems to be road worthy, it should not be confused with the futuristic offering of Israeli design student, Amir Glinik, whose bike might look like a rocket but falls way short of what one would expect for performance from a machine with a Ferrari logo on it. In fact, the wheelbase and position of the foot pegs suggest the bike would be extremely hard to lean into corners without dragging on the roadway.
The David Kay design has a V4 integrated drive unit boasting 105 HP @ 8,800 rpm with a top speed of 265 km/h (that’s roughly 165 mph). This one off bike was completed in 1995, after 3,000 man hours of construction. The hand controls were inspired by the throttle quadrant of an F-16 jet fighter. There’s even a touch screen computer that contains all the data you need to get the best performance out of your machine.
Are you ready to purchase this one of a kind bike? The asking price is a mere $300,000. That’s a bargain and would make a terrific Christmas present if you don’t ride but want to buy a friend something special for the holidays.
Harley XR1200 Now Offered In America
Posted December 3, 2008
It’s no secret that the current state of affairs with the economy is having an impact on consumer spending, especially when it comes to luxury expenses like a new motorcycle. It’s also no secret that the Harley crowd is aging and new riders aren’t looking at touring models or even cruisers as much as sport bikes.
Harley recognized this trend and set its sights on the crowded European sport bike market. In April, 2008, the motor company launched the XR1200 in Europe with hopes of capturing a piece of the sport bike category there. This turned out to be a good move as far as the Europeans were concerned, but it left American bikers with a bad taste in their mouth. They cried foul. With the apparent recession taking hold, Harley needed a morale booster as well as a jump start on lagging sales. They decided to offer the XR1200 in America. This wasn’t too much of a leap of faith on their part since hundreds of orders are already on the books and the bikes won’t be available in America until February, 2009.
These bikes were inspired by the XR750, the king of the dirt track racing circuit. What many riders will find appealing is the XR1200 isn’t as cramped as the Buell machines, which are true sport bikes, but neither are they as powerful as the V-Rods. That also might be an attraction to some. Still, the XR1200 has an aggressive look to its design and boasts a 90 horsepower engine, with a 10.0:1 compression ratio and 68 ft. lbs. of torque@3700 rpm. There certainly was an immediate and positive response to the announcement that they will be offered to American riders. Let’s hope this translates into better sales for Harley, which fell 15% to 25% in October and November from a year earlier.
Biker Wins In Court Of Appeals
Posted November 20, 2008
West Bend Mutual Insurance Company refused to pay Laura Young underinsured motorist benefits when she was in a motorcycle accident on September 24, 2005. The Hartford, Wisconsin woman was a passenger on a motorcycle owned and driven by her boyfriend but the title was in her name.
The defendant auto driver was uninsured so she made an uninsured claim against her boyfriend’s insurance company. Attorney Abraham was successful in recovering the policy limits of $100,000. Due to the seriousness of Ms. Young’s injuries, she sought further compensation from her automobile insurance policy. That’s where the trouble started. Her company, West Bend Mutual, explained that she had a “drive other car” exclusion in her policy, which meant she could not claim underinsured coverage for injuries she sustained while occupying a vehicle she owned which was not insured for such coverage.
Attorney Abraham argued that she was not the owner of the motorcycle, simply the titleholder. In fact, she did not have a motorcycle license and had no intention of driving the motorcycle. Dodge County Circuit Court Judge John R. Storck ruled in favor of West Bend and dismissed the claim agreeing with the exclusionary language in the policy.
Attorneys Jason Abraham and Rebecca Lizdas took the case to the Wisconsin Court of Appeals, which reversed the trial court’s decision. The Court of Appeals agreed that the title of a vehicle could be held by someone who is not the owner and ordered West Bend to provide coverage.
Accident Scene Management Raffle Winners Report On Mind Blowing Adventure
Leather Meets Lace At The Playboy Mansion
Posted November 5, 2008
If you bought a ticket for the Leather Meets Lace raffle during the Harley-Davidson 105th Anniversary, thank you, because you were helping to support the good work being done by Accident Scene Management. ASMI is one of the few organizations that are 501 C (3) and all proceeds go directly back to the motorcycle community in the way of training. That’s the good news. The bad news is you didn’t win. Who did win? Matt Nedweski of Racine purchased the winning ticket at Hal’s Harley-Davidson in New Berlin. The only other place they were sold was at the ASMI booth at the Windhorse Saloon on 25th Street, just north of Canal, in Milwaukee.
Matt and his fiancé, Cassia Markley, had the time of their life at the party and Cassia wrote back to give us a little insight into their experience. For that $5 ticket that Matt bought, they received two tickets to the Motorcycle Charity Associates event, Leather Meets Lace at the Playboy Mansion, in Los Angeles. Also, two nights stay at the Renaissance Hotel and Spa in Hollywood and a two day motorcycle rental from Eagle Rider Motorcycle Rentals. Matt opted for a car instead and Vicki got him a Pontiac Solstice convertible. In addition, Hupy and Abraham, S.C., the largest financial donor to Accident Scene Management, provided $1,000.00 in travel expense money to the lucky winner.
The happy couple took a walk down the Hollywood Walk of Fame, soaked up California sunshine from their car while touring Sunset Boulevard and the Pacific Coast Highway, enjoying several stops including lunch at the Malibu Inn, culminating in the most extravagant party they ever attended. To read Cassia’s story about their adventure, visit www.accidentscene.net and click on Events in the Menu. Caution, some of the pictures contain adult content (after all, they were at the Playboy Mansion) so don’t click on the underlined words if that offends you.
Michael Hupy Answers MRF Call For Support
Attorney Michael Hupy presents MRF President, Kirk "Hardtail" Willard with a
check in the amount of $5,000.00 for the MRF Awareness and Education Fund.
Looking on are Dave Dwyer, MRF SMRO Rep. and Greg Rodd, ABATE of
Wisconsin Executive Director.
Posted October 27, 2008
At the Meeting of the Minds this past September in Denver, Colorado, it was brought to the attention of attendees that the MRF was going through some tough financial times. In order to continue providing quality conferences and workshops as well as maintaining the top notch office and lobby efforts in Washington, D.C., there needs to be further financial commitment from the motorcycle community.
This sentiment was echoed by numerous people in various e-mail alerts and blogs nationwide. The MRF is the voice and watchdog of the motorcycle rights organizations across the country. The Meeting of the Minds is their national conference, which follows local workshops and seminars like S.T.E.A.M., Beast of the East and Best of the West.
Attorney Michael F. Hupy was invited to speak at the ABATE of Wisconsin annual meeting in Wisconsin Rapids on October 12th. After the election for new officers, Hupy urged ABATE of Wisconsin leaders and members to be more like the NRA when it comes to raising money and working with other members. Hupy reminded the audience that the NRA has four million members including probably tens of thousands of lawyers who contribute tens of millions of dollars to the organization each year.
Hupy presented a personal check in the amount of $5,000.00 to MRF President Kirk “Hardtail” Willard to help with the organization’s current economic situation. Two years ago Hupy suggested a Planned Giving Program for the MRF, which has now been put in place as the MRF A & E Fund to which he donated the first $5,000.00.
Hupy pointed out the dangers of allowing a situation to develop like that at A.B.A.T.E. of Illinois where an Indiana lawyer has exclusive advertising rights and several Chapters have revolted. A.B.A.T.E. of Illinois has not been able to pass a budget and Chapters are defying the “rule” that none of the 86,000 lawyers in Illinois can run ads for personal injury cases in the State or Chapter publications.
Hupy and Abraham, S.C. runs a full-page ad in the South Suburban Chapter where Hupy has been a member for 17 years and the Northern Illinois Chapter, members of which have been represented by Hupy and Abraham, S.C. Hupy said it’s a denial of the right of free speech, censorship and detrimental to 11,000 members for A.B.A.T.E. of Illinois to deny lawyers the right to participate in their own organization.
The officers and members of ABATE of Wisconsin and the MRF who were present also were reminded that in 1995 a motorcycle rights organization threw out the same law firm that has exclusive advertising privileges with A.B.A.T.E. of Illinois saying they were of the opinion that lawyers felt that “members aren’t getting killed and maimed fast enough to suit the personal injury lawyers who get fat off their blood. Needless to say, a few Directors were pretty outraged.” Additionally, they complained that the legal services program “has refused to help our people with anything other than open and shut personal injury cases.”
The above quotes appeared in an article entitled “Lawyers and the Rights Movement” which was reprinted from “On The Road”. The article concluded that:
“Freedom doesn’t end with the open road-surely every member of our organization is fully capable of deciding who if anyone should “represent” them should the need arise.”
In making his donation, Attorney Hupy challenged other lawyers who have biker clients to match his donation or at least give $1,000.00 to the MRF.
It is imperative that the MRF be allowed to continue its work. This organization does not receive large corporate or business donations but instead relies on the generosity of the very people it represents and who benefit from its endeavors.
BIKERS MAKE A DIFFERENCE BY TAKING CARE OF THEIR OWN
Important information below re: tips on Air Evac Rescue
ASMI ADVANCED STUDENTS GET A SPECIAL VISIT
TEXAS DOES IT BIG!!!!
Check out classes being held yet this year in CA, CO, IL, IN, KS, ME, MA, WI
Special rescue Rider Grants still available in IL, WI, MN
Hupy and Abraham, S.C. provided a grant to Rescue Riders which will enable 350 more Rescue Riders to be trained in Accident Scene Management. Rescue Rider founder, Dean Akey said, “We are grateful for Hupy and Abraham’s support of our program. This will provide a critical resource for motorcyclists across the region.”
Hupy and Abraham, S.C. is also the largest financial sponsor of Accident Scene Management.
Six new instructors were just trained in Wisconsin and Illinois. California is next!
Denise Carey, Instructor Trainer in Texas, tells us that one of her Advanced classes held in Chico, Texas received an extra special visit. Air Evac Lifeteam is a helicopter ambulance service. This company stations their helicopters in rural areas of the country in order to facilitate response times outside of major cities.
Curtis Gates, Regional Coordinator for Air Evac, and son Scott, contacted Denise and were instrumental in bringing ASMI to North Central Texas. Why such interest in ASMI!!! Curtis and Scott are also avid motorcyclists. “These guys are awesome”, says Denise, “They were actually able to arrange for one of their helicopters (Lifestar 4 out of Decatur, TX) to come to our Advanced Class.
Curtis, who also attended the two-day Basic and Advanced Courses, had already given a brief lesson on the do’s and don'ts around a helicopter landing zone (LZ) to the class. “Some of the things he told us about were of course, common sense; but, there is a GREAT DEAL more that most of us don't know about when it comes to a helicopter landing” Denise said.
Here are a few things that Denise wanted to share:
1) First and foremost, just like we teach in our ASMI classes, COMMUNICATION is of utmost importance. When Air Evac gets a call that a motorcycle is involved, they are IMMEDIATELY put on standby. They don't wait to hear what kinds of injuries are involved. So make sure you always report to 911 when a motorcycle is involved.
2) A helicopter needs a MINIMUM of 100’ by 100’ to land, so be sure to keep this in mind when securing your area. Also, they will always land INTO the wind and down wind from the crash scene.
3) If the area you have in mind for them to land has debris around, try to get it picked up. We all know that as they land, debris will be blown around, but what we don't realize is that debris (garbage bags, small metal objects, etc.) can actually be “sucked up” into the engine. This could be disastrous. They tell us that we also want to remove our caps and doo rags as these are items that can also be sucked up by the helicopter.
4) Once the helicopter is on the ground ABSOLUTELY DO NOT go running toward it!!! When the area around the helicopter is secure, A MEMBER OF THE HELICOPTER TEAM WILL COME TO YOU!!
“Our class was given the opportunity to ask questions of the helicopter team, and they asked some great, intelligent questions. One of the things that made me very proud in what we are teaching with ASMI is that the Team Nurse told the students that if we could provide the injured persons’ medical history and information written down for them, that it would definitely decrease their time on the ground. One of our students showed them their P.A.C.T. card. The Nurse and Paramedic on the team looked at it and were thrilled. They said it was PERFECT.”
“Curtis tells me that the visit to our class cost an estimated $5,000!!! These crews have to go through extensive training and are genuinely dedicated to the work they do.” Denise would like to thank Curtis and Scott Gates, Air Evac Lifeteam and the Lifestar 4 crew for their cooperation and expertise. Their goals are the same in REDUCING INJURIES AND FATALITIES. For more information on their company and the multi-state areas they cover, please check out www.lifeteam.net .
Harley-Davidson 105th Anniversary Help Line
Posted August 26, 2008
Let us help you during the Harley 105th Anniversary. Whether you have never been to Milwaukee before or live in town you might have questions about events, places or schedules. In addition to our motorcycle safety campaign, we have the Harley 105th help line. The help line is available from Wednesday, August 27th through Sunday, August 31st from 8:00 a.m. – 7:00 p.m. The numbers are as follows:
414-430-9068 or
414-640-8440
Please feel free to call us with questions we might be able to help you with. If you call outside the times listed please leave a message and someone will contact you either the same evening or the following day.
Have a fun and safe time in Milwaukee. Please look for our “Watch For Motorcycles” public safety announcements on billboards, banners, T.V., newsprint and radio.
Hupy and Abraham, S.C. Sponsors Custom Bike And Classic Photo Show At Art Museum
The Milwaukee Art Museum has issued the following press release about an exhibit that will take place during the Harley 105th Anniversary:
Hupy And Abraham, S.C. Assists ABATE Of Wisconsin In Fatal Cycle Case
Posted August 11, 2008
In November, 2005, a fatal motorcycle accident prompted phone calls first from the victim’s mother to ABATE of Wisconsin, and second from ABATE to Attorney Michael Hupy of Hupy and Abraham, S.C.
The Marquette County case took some unusual turns and the victim’s mother and ABATE were concerned that the defendant who violated the biker’s right of way would not receive a “meaningful sentence.”
Visit the link below to learn how ABATE officers and members attended the sentencing hearing to make a difference and how Attorney Michael Hupy assisted by working with ABATE and hiring a public relations firm.
www.abatewis.org and read the article Kill a Biker, Go to Jail
Harley-Davidson 105th Anniversary: Free Ticket Winners
Posted August 11, 2008
The winners of the drawing for free tickets to the Harley-Davidson 105th Anniversary Celebration:
From the web site entries: Donald Lemke, Oconomowoc, Wisconsin
Sharon Haberman, Milwaukee, Wisconsin
From the Expo One Swap Meets entries: Jeanette Brown, West Bend, Wisconsin
Laura Licari, Chicago, Illinois
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10 Great Restaurants Near the
Harley Davidson 105th Anniversary
Festival on Summerfest Grounds
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Bacchus
925 East Wells
Milwaukee, Wiscosnin 53202
(walking distance from Summerfest grounds)This is Mrs. Hupy's favorite restaurant in Milwaukee.
Phone: 414-765-1166
www.bacchusmke.com
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Umami Moto
718 North Milwaukee Street
Milwaukee, Wisconsin 53202
(0.76 miles from Summerfest grounds) Newest restaurant on our list. Same owners as Carnevor and same great quality.
414-727-9333
www.umamimoto.com/milwaukee/
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Carnevor
724 North Milwaukee Street
Milwaukee Wisconsin 53202
(0.77 miles from Summerfest grounds) One of Michael Hupy's two favorite restaurants.
1-877-566-7409
milwaukee.com/carnevor-steak-house/
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Mason Street Grill
425 East Mason Street
Milwaukee, Wisconsin 53202
(0.83 miles from Summerfest grounds)
414-298-3131
www.masonstreetgrill.com/
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Mo’s Steakhouse
720 North Plankinton Avenue
Milwaukee, Wisconsin 53203
(1.02 miles from Summerfest grounds)
414-272-0720
www.mosaplaceforsteaks.com/mke
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The Capital Grille
310 West Wisconsin Avenue
Milwaukee, Wisconsin 53203
(1.14 miles from Summerfest grounds)
414-223-0600
www.thecapitalgrille.com
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Bosley
815 East Brady Street
Milwaukee, Wisconsin 53202
(1.92 miles from Summerfest grounds) Owned by one of Michael Hupy's law school classmates and his wife. They lived in the Florida Keys for many years and brought some of the cuisine and artwork with them.
414-727-7975
www.bosleyonbrady.com
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The Savoy Room
1962 North Prospect Avenue
Milwaukee, Wisconsin 53202
(2.01 miles from Summerfest grounds)
414-270-9933
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Lake Park Bistro
3133 East Newberry Blvd
Milwaukee, Wisconsin 53211
(3.58 miles from Summerfest grounds)
414-962-6300
www.lakeparkbistro.com
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Karl Ratzsch’s
320 East Mason Street
Milwaukee, Wisconsin 53202
(0.87 miles from Summerfest grounds) This great German restaurant has been in business for 104 years. Mention this article from our website and get a free appetizer.
Phone: 414- 276-2720
www.karlratzsch.com
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Casual Downtown Dining On or Near Water Street (Near the Summerfest Grounds)
Bar Louie
1114 North Water Street
Ph: 847-1492
Buca di Beppo
1233 North Van Buren Street
Ph: 224-8672
China Gourmet
117 East Wells Street
Ph: 414-272-1688
Coast- A Zilli Restaurant
931 East Wisconsin Avenue
Ph: 414-727-5555
Edgar’s Calypso
628 North Water Street
Ph: 414-220-9252
Egan’s on Water
1030 North Water Street
Ph: 271-6900
Joey Buona’s
500 North Water Street
Ph: 414-272-8662
John Hawk’s Pub
100 East Wisconsin Avenue
Ph: 414-272-3199
Kil@wat (Inside the Intercontinental Milwaukee Hotel)
139 East Kilbourn Avenue
Ph: 414-291-4793
McGillycuddy’s Bar & Grill
1135 North Water Street
Ph: 414-278-8888
Metro Bar & Café (Inside Hotel Metro)
411 East Mason Street
Ph: 414-225-3270
Michigan Street Diner
220 East Michigan Street
Ph: 414-276-7530
Milwaukee Ale House
233 North Water Street
Ph: 414-226-2337
Milwaukee Waterfront Deli
761 North Water Street
Ph: 414-220-9300
Mo’s Irish Pub
142 W Wisconsin Ave
Ph: 272-0721
Rock Bottom Brewery
740 North Plankinton Street
Ph: 414-276-3030
Rudy’s Mexican Restaurant
1122 North Edison Street
Ph: 223-1122
Sabor
777 North Water Street
Ph: 414-431-3106
Safe House
779 North Front Street (near corner of Wells and Water)
Ph: 271-2007
Sake Tumi
714 North Milwaukee Street
Ph: 414-224-7253
Swinging Door Pub & Grill
219 East Michigan Street
Ph: 414-276-8150
Trocadero
1758 North Water Street
Ph: 414-272-0205
Tutto
1033 North Old World Third Street
Ph: 414-291-5600
Water Street Brewery
1101 North Water Street
Ph: 272-1195
Casual Fare Dining (Third Ward)
Bon Bon Café 140 North Jefferson Street
414-220-1110
“An Eclectic Array of Edibles”
Café Fabrika 240 East Pittsburgh Avenue “Contemporary Serbian” ($15-$29)
414-291-8860
Café La Scala 631 East Chicago Avenue
(inside the Italian Community Center)
414-223-2800
“Pasta, Panini’s & Sandwiches w/Classic Italian Touch” ($10-$19)
Coquette Café 316 North Milwaukee Street
414-291-2655
“French-inspired sandwiches, salads
& entrees”
Fanatics 185 North Jefferson Street
414-220-8336 “Bar & Grill for the Sports
Fanatic”
Milwaukee Ale House 233 North Water Street
414-226-2337 “A Classic Milwaukee Bar/Grill”
Milwaukee’s Public Market 400 North Water Street
414-336-1111
“Fruits, Vegetables, Chocolates, Bakery – This place has it all in a condensed, open air space”
MJ’s 332 North Milwaukee Street
414-765-1168
“Bar & Grill with great outdoor patio” ($4-$12)
Palms Bistro 221 North Broadway Street
414-298-3000
“Salads, Sandwiches & Burgers in Casual
Setting”
Riverfront Pizzeria Bar & Grill 509 East Erie Street
414-277-1800
Standard Pizzas, Bar Food ($6.95-
$13.95)
Rustico 223 North Water Street
414-220-9933
“Casual Pizzeria w/Sandwiches” ($5.95-$17)
Soup’s On! 221 North Water Street
414-283-9244
“Soups, Sandwiches & Salads” ($4-$9)
The Irish Pub 124 North Water Street
414-225-9400
“Irish Pub Fare” ($6-$10)
The Wicked Hop 345 North Broadway Street
414-223-0345
“Pub Food w/a Full Bar” ($12.95-$14.95)
3 Brother’s 184 Broadway
N/A
“Salads, Soups & Sandwiches”
14th Annual Tommy Thompson Reunion Ride Battles the Dragon
Ragdoll, Dave, Scott And Sen. Dave Zien Check Map For Scenic Routes
Posted July 25, 2008
June 8-12, 2008, marked the 14th Annual Tommy Thompson Reunion Ride. The former Governor of Wisconsin and Secretary of Health and Human Services met the group in Cherokee, North Carolina, as the group headed out to tame the Dragon (Tail of the Dragon, Deals Gap). There are 318 turns in 11 miles along this stretch of Hwy.129, mostly in Tennessee with about a mile inside of North Carolina. A true test of riding skill and Tommy and the group did indeed tame the Dragon.
Zachary Edgerton, Texas, And former Governor Tommy Thompson At Deals Gap
As always, since the first Tommy Thompson ride, Hupy and Abraham, S.C. provided the road guard and participant shirts and firm investigator, Tony “Pan” Sanfelipo, filled his annual role as Head Road Captain. This was an exceptional event this year, coordinated by Tony’s wife, Vicki Sanfelipo, and included meals and parties at several local Harley dealerships, a wonderful live play, “Onto these Hills,” about the history of the Cherokee Nation, a visit to the “Wheels Through Time” motorcycle museum (in Pan’s estimation, the best museum of this kind in the country), a tour of the Blue Ridge Parkway and Clingman’s Dome in the Smokey Mountains and the famous Biker Ball at the conclusion of the event, sponsored by Cathy and Jerry Weiner.
The people in North Carolina were very hospitable and the group was joined by several members of BOLT of the Carolinas who were eager to meet other BOLT members on the ride. There were riders from Texas, Florida, Wisconsin, Michigan, Iowa, Illinois, New York and North Carolina on this year’s ride.
Tony And Vicki With Newlyweds, Christina And Stormin Norman
Next year Vicki is considering taking the group to New England to tour New Hampshire and Maine. Wherever the ride ends up it’s sure to be another wonderful experience for everyone who attends. Starting with the ride last year to Iowa, Tommy Thompson agreed to allow proceeds of the ride to be donated to Accident Scene Management. Unlike many other charities, Accident Scene Management, a 501 (c) 3 organization, benefits bikers directly.
Harley-Davidson Museum Opens to Enthusiastic Crowds
Posted July 25, 2008
The much anticipated opening of the Harley-Davidson Museum took place on July 12, 2008. There were refreshments, entertainment and many staff personnel on hand to direct and answer your questions. The entire history of Harley-Davidson and the famous motorcycles were on display, covering the first Serial #1 bike through to the current model year.
Some rare glimpses of Harley-Davidson and some unique applications of their motors were popular, as well as seeing things like the Nova motor, an experimental collaboration between Harley and Porsche Motors to build a water cooled engine.
The Harley’s of the movies and celebrities are also on display. The museum is nirvana to both history buff and trivia nut. Everything you ever wanted to know about these bikes and more is on display.
The museum is located on 6th Street and Canal Street, just south of the downtown area and not far from the lake front, where much of the Harley-Davidson 105th celebration will be taking place. If you didn’t buy your anniversary tickets early, you probably didn’t get in on the museum ticket offer which allows only anniversary ticket holders to visit the museum during the big party in August.
The museum is expected to attract as many as 300,000 visitors annually. For more information on the museum, visit www.harley-davidson.com and click on "museum" in the top menu.
Women In Motion Heart Of Wisconsin Tour
Biker Information Guide, Shawn Demeritt
Women In Motion Road Guards Lead The Heart Of Wisconsin Tour Riders
Through Some Of Wisconsin's Most Scenic Roads
Posted July 25, 2008
The annual fund raising ride for Accident Scene Management for 2008 took approximately 160 participants through some of Wisconsin’s most beautiful touring areas.
The ride started at the Ho Chunk Casino, near the Wisconsin Dells, on Friday, July 18th, with some scenic touring of the Dells area and a stop at Bala’s Harley-Davidson for breakfast. More touring followed with a lunch stop at Wausau Harley-Davidson. The weather held out even with threats of storms and the riders were encouraged to explore their own routes back to Ho Chunk for the evening party, this year hosted by Edge O’ the Dells Resort. There was a wonderful buffet dinner provided and a live band to compliment the evening festivities. This resort is becoming a biker destination in central Wisconsin and besides the bar-restaurant facilities there is a pool, hot-tub, cabins and campsite and burn-out pit for those bikers tired of their current clutch and tires.
Saturday, the group headed out from the Ho Chunk Casino again with a scenic and challenging ride up Wild Cat Mountain with a stop at Hillsboro for a breakfast, provided by the Country Market folks. From there, a beautiful ride through some of the best roads Wisconsin has to offer on the way to the S&S plant in Viola.
S&S provided lunch and offered tours to any participants who wanted to see the factory where some of the best motors and parts for motorcycles are made. There is a great history here and S&S just recently celebrated its 50th Anniversary with a big party in La Crosse, Wisconsin, site of their distribution center.
Leaving Viola, the ride found its way through more scenic hills and then down to Spring Green and the beautiful area where Frank Lloyd Wright’s architectural genius is displayed at the House on the Rock.
When the group arrived in Madison that evening there was just enough time to relax, take a shower and walk from the Wingate Hotel to Reverend Jim’s Roadhouse and a rocking party with live music from Country Storm. That party went right up to closing time and everyone celebrated another wonderful ride for Accident Scene Management. Of course, Sunday was the now famous “Topless Bike Wash” and the ladies had their bikes washed and polished by a crew of some of the guys on this year’s ride.
Accident Scene Management Founder And Women In Motion Road Guard
Coordinator Vicki Sanfelipo Shows New Form On Her 2008 Street Glide
Accident Scene Management is a 501 (c) 3 corporation which teaches people what to do at the scene of a motorcycle crash until professional help arrives. Hupy and Abraham, S.C. has been a sponsor of this organization from the start and to date has donated well over $30,000 to ensure that more people are trained in this life saving course. For more information on this ride and next year’s ride, visit:
Wheels Through Time Motorcycle Museum: A Gem Of A Museum
Pristine1910 Harley-Davidson
Posted July 25, 2008
The 14th Annual Tommy Thompson Reunion Ride visited Wheels Through Time, undoubtedly the best motorcycle museum in the country in this writer’s opinion.
Diorama Of Vintage Motorcycle Shop . . Can You Smell The Oil?
Proprietor and Curator, Dale Walksler and his staff went out of their way to make the group feel welcome. The museum is located in Maggie Valley, North Carolina, between Asheville and Cherokee, although they may be moving to Arizona in the future. This museum is a showcase of motorcycle history with exhibits featuring dioramic hill climbing, early shops, military and women in motorcycling displays.
Curator, Dale Walksler, Takes This Old Crocker Through The Gears
Vintage bikes of nearly every make and design are on display and Dale and his staff will start them up for you to hear the motors and smell the exhausts. After all, seeing these bikes is only half of the thrill but to hear them run is exceptional. Dale astounded the group when he lit up a vintage Crocker and rode it around the museum floor at near burn out speeds. He likes to race these vintage bikes and attends and sometimes competes in the various vintage races around the country.
This museum not only competes with some of the best around, like the AMA museum, Sturgis Motorcycle Museum, J&P in Anamosa and the new Harley-Davidson museum in Milwaukee, in my mind it blows the competition away.
Kitten #9 (Vicki Sanfelipo) Has Her Eyes On This Feline Knuckle
All of these museums should be visited if you’re interested in the heritage of motorcycles and motorcycle design. These are gems that tell a story and will help preserve our culture for many years to come.
For a look at the Tommy Thompson Ride visit to Wheels Through Time and to see what the museum offers, visit www.wheelsthroughtime.com and look for the video of the Tommy ride and then check out some of the museum features.
Illinois Motorcycle Freedom Run Has No Problems
Posted July 22, 2008
The Illinois Motorcycle Freedom Run, held annually in Marseilles, Illinois, took place without incident on June 21, 2008 thanks to the cooperation of 25,000 bikers with the assistance of Hupy and Abraham, S.C. and Attorney Pete Naylor. The organizers of the run contacted our firm quite some time ago to address serious concerns about whether or not the City of Marseilles would issue a special event permit. As the date grew closer, the City of Marseilles cited unspecified security concerns to justify their delay in granting the permit.
Attorney Pete Naylor, an associate with Hupy and Abraham and member of the Westgate and South Suburban Chapters of A.B.A.T.E. of Illinois and the Motorcycle Riders Foundation (MRF), was able to work with the city to ensure that the permit was granted and this wonderful event to honor soldiers who lost their lives in Middle East Conflicts could take place.
Hupy and Abraham, S.C. continues to work with the organization to address issues concerning access, ownership and maintenance of the Middle East Conflicts Wall Memorial, which is the focus of this event.
Hupy and Abraham, S.C. Helps To Ensure That Illinois Motorcycle Freedom Run Lives On
Posted June 20, 2008
Recently, the organizers of the Illinois Motorcycle Freedom Run and A.B.A.T.E. of Illinois members called on Hupy and Abraham, S.C. to assist in working with the City of Marseilles to make sure this wonderful event can continue to take place annually. Hupy and Abraham, S.C. Attorney Pete Naylor, a member of two A.B.A.T.E. of Illinois chapters, is providing pro bono representation to the Illinois Motorcycle Freedom Run.
Recently, there was growing concern that the City of Marseilles would not issue a special event permit, required to have the Illinois Freedom Run in their city, citing security concerns. The application for the permit was tabled at least once by the City Council, and just three weeks before the event, the permit had not yet been issued. Hupy and Abraham, S.C. through conversations with the City Attorney, Rich Burton, was able to help ensure that the special use permit would be issued. After many conversations, the special use permit was issued on June 4th at the City Council Meeting. Pete Naylor, an attorney with Hupy and Abraham, S.C., was in attendance and spoke at the meeting.
Hupy and Abraham, S.C. continues to provide pro bono assistance to the Illinois Motorcycle Freedom Run on many issues that still need to be negotiated with respect to the Illinois Motorcycle Freedom Run and the Middle East Conflicts Wall Memorial, and is confident that this event will take place for years to come. For more information on the Illinois Motorcycle Freedom Run and the Middle East Conflicts Wall Memorial, please visit www.ilfreedomrun.org.
Hupy and Abraham, S.C. Is Event Sponsor For The Ruben Brown Motorcycle Run
Attorney Pete Naylor, Hupy and Abraham, S.C. with nine-time NFL Pro-Bowl
guard, Ruben Brown .
Posted June 20, 2008
The Ruben Brown Motorcycle Run was founded in 2001 by nine-time NFL Pro-Bowl guard, Ruben Brown as a fundraising event in support of the Ruben Brown Foundation. The Ruben Brown Foundation grants financial assistance to nonprofit 501(c)3 organizations throughout the country with a legacy of commitment and dedication for the enhancement of youth.
Since its inception, Ruben Brown has worked closely with the Salvation Army and has offered support for other charitable community-based organizations in the respective cities where the runs are held. The summer of 2008 marks the eighth consecutive year the run has been held in the Buffalo, NY area and the third consecutive year in the Chicago area.
Hupy and Abraham, S.C. is a proud supporter of the work of The Ruben Brown Foundation. While this year’s event, which took place June 6-9, battled stormy weather throughout, a good time was still had by all and attendance was better than expected. For more information of the Ruben Brown Motorcycle Run please visit www.rubensrun.com.
Defending The Second Amendment
Attorney Michael F. Hupy, Dan Small, host of Outdoor Wisconsin on Milwaukee
Public Television and Attorney Robert A. Levy at the Federalist Society Luncheon
on April 22, 2008. The picture appeared on page 14 of the June 2008, issue of the
Federalist Paper, the magazine of the Federalist Society.
Posted June 20, 2008
On April 22, 2008, Attorney Robert A. Levy spoke at a Federalist Society Luncheon at the Milwaukee Athletic Club. Levy is one of the attorneys representing the plaintiffs in the U.S. Supreme Court case District of Columbia v. Heller, which challenged the Washington D.C. ban on all hand guns. Levy explained the legal issues in the case and how the lawyers were able to select law abiding citizens of Washington D.C. to make the challenge rather than having the case presented to the court representing someone illegally using a gun.
Hupy and Abraham, S.C., helped the cause by bringing several guests including Dan Small, host of the longest running public television show in Wisconsin, Outdoor Wisconsin, Jim Fendry, head of the Wisconsin Pro Gun Movement and other Second Amendment advocates to the event.
Robert A. Levy and William Mellor recently wrote a book entitled “The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom”. It is available in bookstores nationwide, at 800-767-1241 or at http://cato.org/
UPDATE: July 2, 2008
Since the U.S. Supreme Court’s decision in District of Columbia v. Heller, the National Rifle Association (NRA) has filed five more lawsuits challenging local gun bans in San Francisco, Chicago, and three Chicago suburbs, Evanston, Morton Grove, and Oak Park. The San Francisco lawsuit challenges a local ordinance and lease provision that prohibits the possession of guns by residents of public housing. The Chicago lawsuits challenge a handgun ban very similar to the one struck down in Washington D.C. More information can be found at www.NRAILA.org
Feds Settle In Janklow Case
Posted May 20, 2008 http://www.amadirectlink.com/news/2008/Janklow.asp
The family of motorcyclist Randy Scott, who was killed in a crash involving then-South Dakota U.S. Rep. Bill Janklow, has settled for $1 million in a wrongful death lawsuit against the federal government.
The family had sued the government for $25 million after the crash in 2003, claiming Janklow was on official business when his Cadillac ran through a stop sign, hitting Scott’s Harley-Davidson in South Dakota. Scott, 55 at the time, was killed instantly.
Janklow was convicted in the death and served 100 days in jail in addition to being placed on three years probation. He also resigned his U.S. House seat at the time.
Janklow is a former four-time South Dakota governor and former state attorney general. He was very powerful in South Dakota politics before the crash.
Scott of Minnesota was vacationing in South Dakota with a friend when the crash occurred. Janklow initially claimed he may have blacked out approaching the intersection because he’s diabetic and hadn’t eaten that day.
To Be Consistent With Grayslake, Illinois, Should Milwaukee Pull The Permit On The HD 105th Anniversary?
Posted May 20, 2008
By now, most of you know that Grayslake, Illinois at the last minute pulled the permit on the Ironhorse Roundup scheduled for May 4, 2008. The reason given was claims by police of possible violence.
Among the 30,000 expected to show up in Grayslake were some motorcycle clubs that police feared would cause trouble. Because of the way that Grayslake handled this situation, or should we say mishandled, Buzz Walneck has cancelled his June 22nd and November 16 swap meets scheduled for Grayslake. He states on his poster, due to the problems at the fairground in Grayslake, we have cancelled both of our events there and will not go there again. Walneck’s swap meets have never had problems and are very well attended.
With the upcoming Harley-Davidson 105th Anniversary in August, we have heard that hundreds of club members who belong to some of the notoriously suspicious clubs, according to police, are coming to Milwaukee. In addition, thousands of members of H.O.G. and ABATE will be in attendance along with hundreds of thousands of bikers of unknown affiliation.
Will Milwaukee decide to cancel this event in the interest of protecting the city from the influx of all of these dangerous bikers and possible violence?
Or will cooler heads decide Grayslake over-reacted? A strong case could be made that with ten times as many bikers coming to Milwaukee, a lot more could happen.
Biker Discrimination Battles Continue
Posted May 20, 2008
Kim Vanden Busch recently applied for a Class “B” beverage license in Green Bay, Wisconsin for an existing bar that she leased out but now wants to run herself. She submitted a business plan to the city, which was initially approved, but when the plan was returned to her for her signature, two additional items were included. She was instructed that she would be required to display a dress code at the entrance to the business, indicating No Biker Club Colors. In addition, all staff members would be required to uniformly enforce the dress code, specific to Biker Colors.
Kim was upset and appealed the added wording on her business plan to the Protection and Welfare Committee, with a hearing set for May 14, 2008. Meanwhile, ABATE District Director Dan Van Linn called Tony “Pan” Sanfelipo at Hupy and Abraham, S.C. and requested that he testify at the hearing. Tony is the founder of ABATE of Wisconsin, and National Director of BOLT. He agreed and appeared before the committee one day after speaking to Van Linn.
Tony explained to the committee that neither the city nor the police should decide who a private business can have for customers. There were no complaints or violations against Ms. Vanden Busch, and no violations for the bar. Why then did the police insist on the “no colors” dress code? The police indicated it was a safety measure aimed at avoiding problems between clubs, yet nearly all the clubs in Wisconsin belong to either the Federation of Clubs or the Allied Clubs of America and they all get along.
As a matter of information, Tony explained that there were issues involving the violation of the right to free speech and association here, and he asked whether this code was designed not to regulate safety but rather to regulate identity. After all, colors are the club’s identity. It’s who they are.
He ended his testimony by reminding the committee that Hupy and Abraham, S.C. represented the Outlaws MC when it was asked to leave Summerfest grounds for nothing more than wearing their colors, and won that case in Federal Court.
The firm also represented bikers in Hudson, Wisconsin, who were told they couldn’t wear colors in Dibbo’s Bar. That restriction was lifted and bikers can once again wear colors in the bar.
Finally, Hupy and Abraham, S.C. were contacted by bikers in Dwight, Illinois, who were told they couldn’t attend a harvest festival there while wearing their colors. Although the attorney for the so called A.B.A.T.E. Legal Services plan didn’t help, Michael Hupy drove down to Dwight and met with the clubs, the town council and the police. The colors ban was lifted after those meetings. In all of these instances, Hupy and Abraham, S.C. represented the bikers pro bono.
The Green Bay Protection and Welfare Committee has tabled this issue, pending a full committee vote in about a week. Members of the committee later commented to Van Linn that this was one of the best attended and productive meetings they have had. There were about 50 people there, including members of ten different clubs. It’s hoped that the city will remove the dress code restriction from Kimmer’s Bar & Grill business plan.
The motorcyclist’s rights community is ready to seek a remedy if this unfair restriction remains intact.
Harley-Davidson Black-n-Blue Ball A Huge Success
Premiere Indoor Biker Event Of The Year
Posted May 13, 2008
The annual Harley-Davidson Black-n-Blue Ball to benefit MDA was held on Friday, May 2, 2008 in Milwaukee, Wisconsin. This is a premiere event, raising funds for the Muscular Dystrophy Association. For the fourth year in a row, Hupy and Abraham, S.C. sponsored three corporate tables, inviting a confirmed 30 guests of the law firm to the event. Law firm partner, Jason F. Abraham is on the Black-n-Blue Ball steering committee and an avid rider.
This year’s event raised a record breaking $640,000.00 up over $70,000.00 from last year. Over 1,300 guests attended this worthy event. Special guests of the law firm this year were Executive Director of ABATE of Wisconsin Greg Rodd and his wife Diane, Milwaukee Region ABATE of Wisconsin Representative Paul Vita, Washington County ABATE of Wisconsin Representative Steve Panten, A.B.A.T.E. of Illinois members Paula and Dave White and Charlie Fruit.
Paula and Dave White are members of the Northern Illinois chapter of A.B.A.T.E. of Illinois and Charlie Fruit is a member of the Kishwaukee Valley chapter of A.B.A.T.E. of Illinois.
Also at our tables were Tony Sanfelipo, founder of ABATE of Wisconsin and a long time employee of our law firm, Ray Kelly, actor, artist and biker from South Dakota and employees of Harley-Davidson Motor Company.
No Fear In Cape Fear: Bikers Help Catch Robbers
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. These tickets have a combined value of $130.00.
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. Entries must be received by Monday, July 28, 2008. The winner of the tickets will be drawn on July 30, 2008, at our Milwaukee office located at 100 East Wisconsin Ave, Milwaukee, Wisconsin.
The odds of winning this sweepstakes drawing depend on the number of entries received on time.
Only citizens of Wisconsin are eligible to participate and you must be 18 years of age or older.
This offer is void where prohibited by law.
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 email. 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
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
· Frequently asked questions
· Insurance company secrets
· Special section on motorcycle accidents
· Hupy and Abraham, S.C. The proven choice for personal injury cases
Write to our office or call and ask for Tony, for the free video or videos of your choice. The “Secrets Insurance Companies Don’t Want You To Know” video is available on DVD only. Our address is as follows:
Hupy and Abraham, S.C.
100 East Wisconsin Avenue
Suite 1110
Milwaukee, Wisconsin 53202
Or call Tony at: 1 (800) 800-5678
Outlaws Milwaukee Sue City Over Warrentless Nighttime Invasion
Posted June 1, 2007
After successfully suing the City of Milwaukee in 2004 when Outlaws Motorcycle Club members were ejected from Summerfest for wearing insignias and after playing a hand in the departure of former county of Milwaukee detective Chris Mason because of harassment, club members are again suing the City of Milwaukee. See articles below entitled “Three Outlaws File Suit Against Summerfest”, "Mascot Can Return To Summerfest, Motorcycle Club Wins Civil Suit To Let Members Wear Previously Banned Attire", “Milwaukee Police Chief Fails To Heed Warning About Rogue Cops: Is There A Connection With The Frank Jude Case?”, and “Detective Who Harassed Outlaws Milwaukee Members Is Gone”, on the Summerfest and Chris Mason situations.
Most recently on September 25, 2006, 19 police officers of the Milwaukee Police Department ordered three club members out of their clubhouse at gunpoint. The officers had no warrant, and ten of the officers had shotguns. The officers proceeded to do a search of the entire clubhouse and two private residences at the clubhouse without consent.
The officers claimed that an officer had seen a person on the roof with a shotgun prior to the warrantless search from a block away. No club member had a shotgun or any weapon when club members had been on the roof earlier that day checking for roof leaks. No arrests were made and nothing was seized, but numerous police officers took photos of the interior of the clubhouse, on their cell phones, as "trophies". Despite the number of officers involved and show of force by the Milwaukee Police Department, no written reports were generated regarding this incident.
There is a pattern of deliberate indifference by the City of Milwaukee and elected officials when it comes to police officers assaulting and terrorizing citizens. Recent cases of Frank Jude who was beaten by off duty Milwaukee Police Department officers, Curtis Harris (represented by Hupy and Abraham, S.C.) who was rendered a quadriplegic by a Milwaukee Police Department officer when he was thrown headfirst into a wall (on surveillance cameras at District 3 station) – go to TV6 news story at: http://www.myfoxmilwaukee.com and the Outlaws clubhouse being raided without a warrant or probable cause all show this same pattern of deliberate indifference.
The officers involved in the Outlaws clubhouse raid have received no discipline nor been charged with any crime as a result. The police department dropped its “investigation” after accomplishing nothing so club members filed suit in Federal Court. Taxpayers pay for all money awards against the city. Preventative measures might be in order.
Increasing Gas Prices Bring Out Old Motorcycles
Posted May 30, 2007
With increasing gas prices, more people are choosing motorcycles and scooters for transportation in an effort to save money. Some motorcycles get 40-50 miles per gallon, while scooters can achieve 75-100 miles per gallon.
Not everyone is going out and buying new machines however. Some people are dusting off bikes that have been in storage for up to 20 years. After getting married, some have settled down to raise families, putting their bikes in storage rather than selling them. The problem with this is not only are the bikes rusty, so are the riding skills of many of these now middle aged bikers.
The Milwaukee Journal Sentinel reported on this issue in the May 22, 2007 edition of the newspaper. While the article by Rick Barrett reported that some of these bikes shouldn’t be put back in service without major mechanical overhauls, it did not address the issue of retraining the riders. Some of these people haven’t been on a bike for years, and others are completely new to the sport. While some shop owners worry about the liability of putting some of these old bikes on the road, preferring to sell them for parts instead, there doesn’t appear to be that same fear of liability in putting rusty riders back out on the road. You can read the complete article by visiting the link below. www.jsonline.com/story/index.aspx?id=608405
May is Motorcycle Awareness Month
Posted April 30, 2007
Hupy and Abraham, S.C. recognizes May as Motorcycle Awareness Month and in an effort to help promote this campaign, the law firm brought this public service announcement to over 1 million people. Click here to see the announcement that was run in the Milwaukee Journal/Sentinel and Green Bay Gazette.
MDA Black-n-Blue Ball at Midwest Airlines Center
Posted May 21, 2007
Update: Milwaukee, May 17, 2007
Harley-Davidson sponsored several events around the country recently, which netted over $1.9 million for MDA. The 14th Annual Black-n-Blue Ball, held in Milwaukee on May 4, 2007, is the largest motorcycle themed ball in the country. This year’s event raised more than $570,000. Among the 1,300 in attendance were guests of Hupy and Abraham, S.C. sitting at the three corporate tables the firm purchased. Harley-Davidson has raised more than $60 million for MDA since 1980.
Posted April 27, 2007
Milwaukee, WI…May 4, 2007
The annual MDA Black-n-Blue Ball will be held on Friday, May 4, 2007, in Milwaukee, Wisconsin. This is a premier event, raising funds for the Muscular Dystrophy Association. The theme is Black Leather and Blue Jeans, which tells you this is a motorcycle event and the dress is biker casual. For the third year in a row, Hupy and Abraham, S.C. is sponsoring three corporate tables, inviting a confirmed 32 guests of the law firm to this event. Law firm partner, Jason Abraham and his father, Jeff, are on the Black-n-Blue Ball Steering Committee. Both avid riders, they appreciate the Harley-Davidson Motor Company’s sponsorship and the participation of so many area bikers. A special guest of the law firm this year is artist Ray Kelly. Hupy and Abraham, S.C. purchased Kelly's artwork commemorating the fire fighters raising the flag at Ground Zero, and donated it as an auction item. Last year, the Hupy and Abraham, S.C. had Bill Eisengrien as their guest, one of the actual firefighters in that now famous photo.
MRF Heartland Steam XVIII
Posted April 27, 2007
La Crosse, WI…May 4-6, 2007
This year’s Seminar to Educate and Motivate (STEAM) is taking place in Onalaska, Wisconsin, at the Stoney Creek Inn. The host for this event is ABATE of Wisconsin, and attendees will be invited to participate in workshops on federal legislative issues, safety and legislative issues effecting the various states and Accident Scene Management will conduct two sessions; securing the scene of an accident and rescue breathing and helmet removal.
Hupy and Abraham, S.C. are sponsoring the lunch and dinner at Heartland Steam and law firm partner Michael Hupy will attend the event. Motorcycle rights leaders and members of ABATE chapters from seven states will be on hand to listen to MRF President, Kirk “Hardtail” Willard and MRF Vice President, Jeff Hennie explain the latest news on the federal motorcycle legislative scene. The Keynote Speaker this year will be Major Dan Lonsdorf, Wisconsin Department of Transportation Safety.
Biker Running for President of the United States
Five “Team Tommy” members traveled to Des Moines, Iowa, for Thompson's
official announcement of his candidacy for president.
Posted April 17, 2007
It’s official. Former governor of Wisconsin, Tommy Thompson, formally announced his candidacy for president on April 4th, in Des Moines, Iowa. Five Team Tommy members were on hand to hear Thompson tell an enthusiastic crowd that he is entering the race for president. Thompson served as governor for 14 years before stepping down to become Secretary of Health and Human Services in the Bush Cabinet, where he served for 4 years. He served in the Wisconsin legislature from 1967 to 1987, the year he was elected governor.
A group of well known motorcyclists formed “Team Tommy” as a support group to help get Thompson elected. Among the group are Kirk “Hardtail” Willard, President of the MRF, Tony “Pan” Sanfelipo, founder of ABATE of Wisconsin, New York Myke, owner of San Diego Harley-Davidson, John “Rogue” Herlihy, biker’s rights activist and photo-journalist for Easyriders Magazine, Joe “Stormin” Norman, President of Lowriders MC, Staten Island and Dave Zien, former Wisconsin State Senator and fabled long distance rider.
Since the inception of this group, other notable bikers have contacted Team Tommy to lend support, including Bill Gannon, MMA of Massachusetts. More endorsements from the motorcycle community come in each day. At least eight Sturgis Hall of Fame members are known to support Thompson at this time, because they know the value of having one of our own elected as president. Due to election rules governing not for profit organizations, many ABATE chapters cannot publicly endorse Thompson, but within the ranks there is a ground swell of support.
Thompson needs to score big in Ames in order to stay in the race. “This is a wonderful opportunity for bikers to support one of our own, and show him how much we appreciate what he has done for us in the past,” said Vicki Sanfelipo, Team Tommy Chairperson. Vicki is married to Tony “Pan” Sanfelipo, and is the founder and director of Accident Scene Management, Inc.
To get to know Thompson better, visit www.tommy2008.com for more concise information about his record and plans. Also consider visiting www.teamtommy.org, the motorcycle group that supports him. They will be in Ames on August 10th and 11th, bringing the Governor’s Annual Reunion Ride with them. There will be a huge street dance in the downtown Ames cultural district, with the Charlie Brechtel band providing the tunes. Charlie is an annual attraction at the Buffalo Chip campground in Sturgis, and has played at the Love Ride in Los Angeles. He supports Tommy and has several interviews posted on You Tube and his web site, www.big7productions.com
Tommy Thompson to Officially Announce His Candidacy
Presidential Candidate, Tommy Thompson, with New York Fire Fighter
Billy Eisengrein and friend, during the Governor's Reunion Ride, 2006.
Posted April 2, 2007
Former Governor of Wisconsin, Tommy Thompson, will officially announce his bid for the presidency on April 4th, in Des Moines, Iowa.
Thompson formed an exploratory team and in January and met with leaders of the motorcycle community. From that meeting, Team Tommy was formed by a group of influential motorcyclists. Among the group, Tony and Vicki Sanfelipo, friends of Thompson (Thompson walked Vicki down the aisle at their wedding in South Dakota), were named contact persons for the motorcycle effort to elect Tommy. Tony is founder of ABATE of Wisconsin and an investigator for Hupy and Abraham, S.C. Vicki is founder of Accident Scene Management, a program that teaches what to do at the scene of a motorcycle crash. Also on the Team are Kirk “Hardtail” Willard, MRF President; Jeff Hennie, MRF Vice President of Government Relations; New York Myke, owner of San Diego Harley-Davidson; Dave “Chubby” Charlebois, Public Relations Director, ABATE of Wisconsin; Stormin Normin, President, Lowriders MC, Staten Island; John “Rogue” Herlihy, photo-journalist and Sturgis Freedom Fighter Hall of Fame member; Jerry Weiner, friend of Tommy; Charlie Brechtel, (Charlie Brechtel Band) musician and promoter; Karen Holland, Women in Motion Road Guard; Forrest Kitzrow, friend of Tommy.
The Team Tommy group is working to get a large group of motorcyclists to Ames, Iowa, to support Thompson during the Iowa Straw Poll vote. They expect bikers from Wisconsin, Illinois, Minnesota and Iowa to attend the vote in support of Thompson. A huge party is being planned for Friday, August 10, 2007, as a prelude to the vote which takes place on August 11th. Thompson started a Governor’s Ride while he was governor of Wisconsin, and he hasn’t missed a ride in 13 years. This year’s ride is going to Ames for the vote, stopping at dealerships and the J&P Motorcycle Museum in Anamosa on the way. To check out the progress of this ride, and to learn more about Tommy Thompson, visit www.teamtommy.org or www.tommy2008.com
Accident Scene Management Seats New Board of Directors
Posted March 26, 2007
Ed Moreland, VP of Government Relations, AMA
Lacie Shook, ASMI Board member, with Attorney Michael Hupy and former governor and presidential candidate, TommyThompson
Accident Scene Management has a new Board of Directors, according to program founder Vicki Sanfelipo. This wonderful course teaches people what to do at the scene of a motorcycle accident. Known by its acronym, ASMI, the program is now in 24 states with nearly 80 instructors. Hupy and Abraham, S.C. have supported the program from its inception in 1996, with financial aid and by supplying attorneys to lecture about insurance needs and terminology.
Vicki, a Registered Nurse at Waukesha Memorial Hospital, has worked in a variety of settings throughout her 23 year career, including critical care and the operating room. She is currently a Perioperative Educator for the Department of Surgery and is a licensed EMT in Wisconsin. In addition, she is a CPR Instructor for the American Heart Association. An avid rider for over 20 years, she is a life member of ABATE of Wisconsin, Charter Member of Central Wisconsin H.O.G, member of Kettle Moraine H.O.G., MRF, BOLT and the AMA.
In addition to Vicki, the new ASMI Board includes:
Suzanne Martens, MD – Dr. Martens is Co-Director of Orange Cross Ambulance, is Board Certified in Emergency Medicine and practices at ST. Nicholas Hospital in Sheboygan, Wisconsin. She serves as co-chair of the SE Wisconsin Trauma Advisory Council and holds memberships in the American College of Emergency Physicians, American Medical Association, National Association of EMS Physicians and the Society for Academic Emergency Medicine. Dr. Martens also is the Chair of the Sheboygan EMS Council & EMS Physician Advisory Committee.
Ed Moreland – Vice President of Government Relations for the American Motorcyclist Association (AMA).
Ed represents nearly 300,000 members of the AMA, dealing with national and state issues regarding motorcyclists. Ed represents the AMA before the U.S. Congress, the Administration and the United Nations. He also is a member of the Federal Highway Administration’s Motorcycle Advisory Committee. Ed earned a BA in political science from the University of Minnesota and has been an avid rider for over 20 years.
Robert (Bob) Ritter – Motorcycle Safety Program Director, NIU
Bob has 50 years experience riding a motorcycle and spent 10 years with the Baltimore Fire Department and Ambulance Service. He worked with ABATE of Maryland and AMA District 7 as their Legislative Representative, forming a lobbying coalition of motorcycle organizations. In 1983, he began teaching riding courses for the Maryland Motorcycle Safety Program as an MSF Instructor, later becoming a Training Specialist and in 1986 he received his MSF Chief Instructor Certification at Illinois State University in Normal, Illinois. After 13 years with the Maryland program, Bob became the Director of the Northern Illinois University Motorcycle Safety Project in DeKalb, Illinois, where he is currently employed. Bob belongs to the State Motorcycle Safety Administrators (SMSA) and has 7 years experience as an American Red Cross instructor, teaching CPR, AED and Advanced First Aid.
Lacie Shook – Attorney, Schmidlkofer & Toth, LLC
Lacie focuses her practice on business law and civil litigation. She graduated from Western Illinois University in 2003 with a bachelor’s degree in business finance. She worked as a law clerk for Hupy & Abraham, S.C. and attended many motorcycle events and functions with the motorcycle staff there. She received a Juris Doctorate and MBA from Marquette University in 2006. Besides ASMI, Lacie serves on the Board of Directors for a number of corporations in the Milwaukee area.
Britt Bellinger – Attorney, Milwaukee Bar Association
Britt focuses on non-profit business management and communications. She is a Lawyer Referral and Information Service Director, and Small Firm & Technology Conference Director as well as Teenage Alcohol Prevention Program Director. She has Graduate Certificate for Non-profit Management from UWM, Milwaukee, and a B.A. in Mass Communications-Broadcast Journalism and Communications. Besides ASMI, Britt serves on the Wild Space Dance Company Board of Directors, Center for Teaching Entrepreneurship and Coalition for Access to Legal Resources-Marketing Committee, Task Force on Family Violence-Events Committee and the Bay View Community Center.
These exceptional individuals will help guide ASMI into the future with the life saving program written and developed by Vicki Sanfelipo.
Tribute To Senator Dave Zien A Smashing Success
Posted January 30, 2007
Wisconsin Supreme Court Justice David Prosser, presidential candidate Tommy G. Thompson, Congressional Medal of Honor Recipient Gary Wetzel and bikers from 12 states were among a sellout crowd of 180 who attended an appreciation banquet for Senator Dave Zien in Madison, Wisconsin, on Saturday, January 20th.
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Vietnam Veteran and Congressional Medal of Honor Recipient Gary Wetzel,
attended the appreciation banquet for Dave Zien as a guest of Michael F. Hupy.
Wetzel presented Zien with a book on the history of the Medal of Honor.
Attorney Michael Hupy, of Hupy and Abraham, S.C. opened the program by welcoming the many guests, introducing some special people in the audience, and turning the program over to his employee, founder of ABATE of Wisconsin, Tony “Pan” Sanfelipo, who organized the event and was the emcee.
ABATE of Wisconsin recognized Zien for authoring every piece of motorcycle legislation in the state since 1988, including confiscation remedies, angle parking issues and biker’s rights and safety issues. Kirk “Hardtail” Willard, President of the Motorcycle Riders Foundation, was joined by MRF Vice President of Government Affairs, Jeff Hennie, in presenting Zien with a plaque on behalf of the positive legislative actions he promoted, the first time ever a state legislator was so honored. Previously, this award only went to federal legislators. AMA Vice President of Government Relations, Ed Moreland, presented Zien with a beautiful sculpture in recognition of his years of service promoting motorcycling as a way of life. There were accolades from NCOM, Idaho Bike Pac, ABATE of Michigan, A.B.A.T.E. of Illinois, Kishwaukee Chapter and the Iron Butt Association.
The Motorcycle Riders Foundation presented Dave Zien the "Champion of
Motorcyclists Rights and Safety" award. Zien was the first ever state legislator
to receive this award, usually reserved for federal legislators. From left to
right, Jeff Hennie, MRF Vice President of Government Relations, Kirk "Hardtail"
Willard, MRF President and Dave Zien.
Wayne Curtin and Steve Phillips of the Harley-Davidson Motor Company spoke of Zien’s championing of Harley-Davidson’s mystique, heritage and charisma. Curtin worked on legislative issues with Zien and Phillips is Vice President of Quality Reliability and Technical Support, something Zien has needed over the years on his 886,570 mile motorcycle. In fact, he’s approaching the 1.96 million total miles mark. He’s ridden 31,111 miles in 31 days, a record, and in 2003 logged 113, 800 miles. He’s a rider, no doubt about that.
State legislators from Wisconsin who worked with Zien honored him and Rep. Jim Putnam traveled from South Dakota to speak about Zien on behalf of the Lawmakers MC, a group founded by Sen. Ben Nighthorse Campbell. Motorcycle club members from Wisconsin and New York attended this event in tribute to a man who himself was a club member before he was elected to the State Assembly.
Former Governor of Wisconsin and Secretary of Health and Human Services
and presidential candidate, Tommy G. Thompson, speaks at the Zien
appreciation banquet.
There were some solemn moments in the program as it dealt with veteran’s issues and the sacrifice’s some have made for this country. Wisconsin Secretary of Veteran’s Affairs, John Scocos, complimented Zien on his military service in Vietnam and his efforts to support veterans of all wars. Pam West, Director of the Museum Resource Center for the National Parks Service spoke about Zien’s dedication and perseverance in arranging to exhibit a Vietnam era, chopper style motorcycle, at the Sturgis Motorcycle Museum during Bike Week.
This outpouring of support and gratitude speaks directly to the respect the motorcycle community has for Dave Zien. Wherever he goes from here, we know he will be successful and that motorcycling will somehow be involved. For now, stand down Marine, this mission is over. Best wishes for whatever the future holds and wherever your motorcycle takes you.
"Team Tommy" committee is formed the day after the Dave Zien Appreciation
Banquet, to assist Tommy Thompson in his bid for president. Left to right,
Dave Zien; Dave "Chubby" Charlebois, ABATE of Wisconsin Public Relations
Director; Tony "Pan" Sanfelipo, Founder, ABATE of Wisconsin; Kirk "Hardtail"
Willard, President, MRF; Jerry Weiner, Thompson friend; Lt. Rich Kuchenbecker,
East Troy Police Dept.; Vicki Sanfelipo, Founder, Accident Scene Management;
Tommy Thompson; Jeff Hennie, MRF Vice President, Government Relations;
New York Myke, owner, San Diego Harley-Davidson; Stormin' Joe Norman,
President, Low Riders MC, Staten Island, NY.
ABATE of Wisconsin Officer Training a Huge Success
Posted January 18, 2007
ABATE of Wisconsin conducted its annual Officer Training Seminar on January 13, 2007. After welcoming the returning and new regional officers to the Arrowhead Lodge in Black River Falls, Executive Director, Gregg Rodd, introduced committee chairpersons for their reports. Legislative Chair, Dave Dwyer, discussed the legislative agenda for ABATE including local, state, and national items. Kirk “Hardtail” Willard, president of the MRF, outlined national and federal issues, including the work being done on HIPAA.
Over 150 officers and members attended the various breakout sessions which included fundraising and insurance; regional products sales; how to run a good meeting; Share the Road Instructors; regional newsletter reporting.
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ABATE of Wisconsin Newsletter Editor, Marlene Bautch, presented Hupy and Abraham, S.C. with a certificate of appreciation for the law firm’s many years of dedication in assisting ABATE in its mission to inform its membership through its newsletter. This firm’s advertising support, by itself, was enough to pay for 18 full issues of the newsletter. Some state A.B.A.T.E. organizations don’t even let lawyer members advertise. Are they missing the boat.
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During the general session, local talk show radio personality, Jonathan Green, gave an inspirational talk on working with the media and building relationships with local reporters.
Officer Training is essential to our organization because it prepares the volunteer regional officers, the life blood of ABATE, to do their jobs efficiently and properly. This year’s program was lauded as one of the best in recent years.
Hupy and Abraham, S.C. sponsored the dinner at the seminar.
Senator Dave Zien To Be Honored
Posted December 28, 2006
Senator Dave Zien has served in the Wisconsin legislature since 1988, first in the Assembly, then elected to the Senate in 1993. He was the President Pro Tempore of the Senate from 2005 until the election in November, 2006.
Zien is best known as the motorcycle riding legislator, with over 840,000 miles on his Harley-Davidson. Senator Zien authored every piece of motorcycle legislation in Wisconsin since he was first elected. He has been a champion of motorcyclists’ rights since the early 1970’s, when he served as Vice-President of the Wisconsin Better Bikers Association.
Long time friend of Zien and Hupy and Abraham employee, Tony “Pan” Sanfelipo, is organizing an appreciation banquet for Zien to thank him for his unselfish work on behalf of the nation’s motorcyclists. The banquet will be on January 20, 2007, at Capitol City Harley-Davidson Dealership.
There will be presentations by Ed Moreland, AMA Vice President of Government Relations, Kirk “Hardtail” Willard, President of the MRF, and Jeff Hennie, MRF Vice President of Government Relations, Mike Kneebone, President of the Iron Butt Association, Greg Rodd, Executive Director, ABATE of Wisconsin, Pam West, National Parks Service and John Scocos, Secretary, Wisconsin Veteran’s Affairs Department. Also speaking, will be former Wisconsin Governor Tommy Thompson, and New York Myke, San Diego Harley-Davidson.
Nationally known bikers’ rights activist and photo journalist, John “Rogue” Herlihy will also attend, compliments of Hupy and Abraham, S.C. Rogue will cover this event exclusively for Easyriders and Biker Magazine.
Tony “Pan” Sanfelipo Appears On Open Road Radio
Waukegan, IL…On November 12, 2006, Tony “Pan” Sanfelipo was a guest on Open Road Radio, WilRock 95.1 FM. Show host, Gina Woods, invited Tony to speak about the recent election in Wisconsin and how bikers might be affected by the results. Pan explained that longtime legislator and biker, Senator Dave Zien, was defeated and that would certainly affect the ability to move motorcycle legislation as smoothly as in the past.
Pan and his wife Vicki are organizing an appreciation banquet for Zien on January 20, 2007, to thank him for all he has done for motorcycling (see article on this site for more information).
Open Road Radio airs every Sunday morning at 11:00 a.m., bringing motorcycle news to its listeners, in a rock’n roll format. Pan has been a guest on Open Road Radio numerous times over the years, speaking about legislative and safety issues concerning motorcyclists.
Hupy Investigator Speaks to A.B.A.T.E. of Illinois on California Helmet Ruling
Tony "Pan" Sanfelipo speaks to A.B.A.T.E. of Illinois, Kishwaukee Valley Chapter.
Rockford, IL….After speaking on Open Road Radio earlier in the day, Pan drove to Rockford, Illinois to speak to a group of 75 A.B.A.T.E. of Illinois members at the Kishwaukee Valley Chapter of A.B.A.T.E. of Illinois meeting. He was invited to explain the recent helmet ticket victories of Richard Quigley, BOLT of California. Pan informed the members that Quigley had nine helmet tickets dismissed due to unconstitutional application of the law and that he, along with several other plaintiffs, would seek an injunction against the California Highway Patrol to prevent further enforcement of the vague law.
Kishwaukee Valley officers and members were excited about the news in California and have extended an invitation to Pan to return to Rockford in the future to discuss developments in this case and to provide more insight into legislation and other issues in Wisconsin, since many of their members ride into Wisconsin during summer months.
Sanfelipo Speaks As Expert at Wisconsin State Patrol Meeting
4.7 Million Rider Miles So Far
Tony "Pan" Sanfelipo discusses a statute with Lt. Rich Kuchenbecker, East Troy,
before his presentation at a meeting at the DOT Region Office in Green Bay,
Wisconsin. Left to right, 1st row: Diane and Gregg Rodd, ABATE, Lt. Rich
Kuchenbecker, East Troy, Tony "Pan" Sanfelipo, Hupy and Abraham S.C.,
2nd row: Dan Van Linn and Kathy Huntkowski, ABATE, and behind Tony, Paul Raap,
Harley-Davidson.
Posted December 12, 2006
After facilitating group rides that have accumulated over 4.7 million rider miles, and working as an accident investigator for Hupy and Abraham S.C., for 15 years, Tony Sanfelipo spoke as an expert at a special meeting of the Wisconsin State Patrol on December 5, 2006. An information forum for law enforcement agencies and motorcycle advocates, the meeting was coordinated through the office of the Regional Program Manager for the Wisconsin State Patrol’s Bureau of Transportation Safety.
The meeting dealt with the specific problems large charity rides create within the various counties. Although other events create similar problems, this meeting addressed the motorcycle group rides. Law enforcement was represented by the Wisconsin State Patrol, and various sheriff’s and police departments, including Green Bay, Sheboygan, Neenah, Appleton, Fond du Lac, Manitowoc, Outagamie, Kaukauna, Ashwaubenon, De Pere, Brown and Winnebago, Grand Chute, East Troy, Oconto and Dodge.
Of particular concern are the resources needed to accommodate these rides, the over time or pay to officers and the number of citizen complaints due to intersections being blocked for sometimes up to 20 minutes. Captain Randy Schultz, Brown County Sheriff’s Department, submitted a draft proposal for a special events permit for Brown County. ABATE of Wisconsin voiced a concern that these type of permits and the costs associated with them would eliminate many of the charity rides that not only benefit a particular cause, but also bolster the economy in the towns they stop in.
Paul Raap, a regional director for the Harley Owners Group (H.O.G.) was present at this meeting, and explained some procedures that H.O.G. has in place for group rides. These rides can have in excess of one thousand riders, and have a major impact on traffic, compared to the smaller groups of 50-100 bikes.
It remains to be seen if Brown County passes the proposed permit ordinance, and if other counties follow suit.
County Executive Scott Walker Luncheon
Posted December 4, 2006
On December 8, 2006, there will be a special luncheon honoring Milwaukee County Executive, Scott Walker. A very special guest will be in attendance, former Governor Tommy G. Thompson, who is currently considering running for president.
Attorney Michael Hupy and investigator Tony Sanfelipo are hosts of this special luncheon. Hupy and Abraham, S.C. have sponsored the road guards for all of the Tommy Thompson Reunion Rides, and Tony is the Head Road Captain for both the Scott Walker Executive Ride and the Tommy Thompson Reunion Ride. These rides traditionally attract hundreds of riders, logging well over one thousand miles each ride. Some of Thompson’s rides have been to Canada, New York and Washington, D.C.
Attorney Michael F. Hupy joins former employee, Attorney Lacie Shook, in
welcoming former Governor Tommy G. Thompson to an event on behalf of
Milwaukee County Executive Scott Walker.
ABATE of Wisconsin Region 1A Holds Meeting To Discuss Road Hazards
HUPY and ABRAHAM, S.C. Host Meeting At Our Office Building
Over 75 riders attended a special meeting hosted by Hupy and Abraham, S.C.
From left to right, Dave "Chubby" Charlebois, ABATE, Attorney Jason Abraham,
Tony "Pan" Sanfelipo, and Jonathan Green, host of WTMJ radio's "The Green House"
listen to opening comments at the meeting.
Posted December 4, 2006
On November 14, 2006, Hupy and Abraham, S.C. hosted a special meeting on road conditions for ABATE of Wisconsin, Region 1A.
This meeting attracted over 75 riders from southeastern Wisconsin and Northern Illinois. The meeting replaced the regular monthly meeting for ABATE’s Milwaukee region. Moderator, Paul Vita, ABATE Region 1 Representative, introduced the special guests in attendance, as well as several ABATE Board Members and Officers.
The meeting was organized to address certain concerns area motorcyclists have about road conditions in Wisconsin. Of particular interest are the practices of road crews in putting down large metal plates, cold tar patches and leaving loose gravel on the road surface. These and other conditions were discussed in length, aided by a power point presentation created by Tony "Pan" Sanfelipo, ABATE Founder and accident investigator for Hupy and Abraham, S.C.
Officially representing the Wisconsin Department of Transportation and Milwaukee and Waukesha Counties were: Bob Anderson, Planning Supervisor, and Tony Barth, Highway Maintenance Supervisor, both from the Regional Office of System Planning and Operations; George Torres, Director of Transportation and Public Works, Milwaukee County; Rich Bolte, Director of Public Works, Waukesha County; John Corbin, State Traffic Engineer, Bureau of Highway Operations, Wisconsin DOT.
There was an earnest promise to discuss our concerns further with the DOT and some suggestions have already come back from those offices. ABATE intends to continue these discussions at other region offices of the DOT throughout the state in 2007. Hopefully, together we can remedy some dangerous situations and find alternatives to common repair practices that pose a hidden danger to cyclists.
Hupy Accident Investigator, Tony "Pan" Sanfelipo, and ABATE Public Relations Officer, Dave "Chubby" Charlebois, have offered to travel to the various regions in the state and act as facilitators for the upcoming meetings.
Hupy and Abraham, S.C. were happy to host this first, important meeting. The law firm provided free parking as well as food and beverages for all in attendance.
Abate of Wisconsin - Posted November 17, 2006
Motocycle Riders Foundation - Posted November 17, 2006
Local Bikers Raise Approximately $300,000 for Breast Cancer Research
Posted October 30, 2006
On September 30, 2006, the Rock River H.O.G. Chapter held on its 12th Annual "Ridin’ to a Cure" motorcycle ride for breast cancer research. Sixteen Hundred people participated in this year’s event and the ride raised over $295,000. All net proceeds, from the ride, go to support breast cancer research in Southeastern Wisconsin. Attorney Jason F. Abraham is on the foundation board and will help determine how to best utilize the funds.
Since it’s inception in 1994, this ride has raised approximately $2.5 million. "Ridin’ to a Cure" continues to evolve and is driven by the members of the Rock River H.O.G. Chapter who volunteer their time and energy to this important ride. All of the participates and volunteers of the ride look forward to the day when a cure is found for this terrible disease.
Thanks again to all those who participated in this awesome event.
Tommy Thompson: Avid Bikers
Branscombe Richmond and his wife join Lakota Chief in honoring Tommy
Thompson during Thompson's induction into the Motorcycle Hall of Fame in
Sturgis in 2002.
On October 13, 2006, Tommy Thompson discussed his candidacy for President
with Tony "Pan" Sanfelipo. Pictured, left to right, Preacher, Free Riders Press,
Senator Dave Zien, Tommy Thompson and Tony "Pan" Sanfelipo.
Posted October 25, 2006
Tommy Thompson served as Wisconsin’s Governor for 14 years, longer than any governor before him. He is best known for his reforms on Welfare, expanded accessibility to health care for low income people and his work on strengthening education excellence in Wisconsin. He also served as Secretary of Health and Human Services for the Bush Administration, running a department with a fiscal budget of over $429 billion and 60,000 employees.
The bikers in Wisconsin know him best for his support of our issues, including his public statement that we do not need a mandatory helmet law here. He is also known for promoting tourism and business in Wisconsin from the seat of a Harley-Davidson motorcycle. He did this during his annual Governor’s Ride tours, which have continued even after he left to serve as Secretary of HHS. Thompson was inducted into the Easyriders Magazine Hall of Fame because of his staunch support of biker’s rights, and in 2002, he was inducted into the Sturgis Motorcycle Hall of Fame for many of the same reasons including promoting motorcycling as a way of life.
Vicki and Tony Sanfelipo pose with ring bearer, Zachary Edgerton, Senator
Dave Zien (Best Man) and Secretary of Health and Human Services, Tommy
Thompson, after their wedding on top of Crazy Horse Memorial in South Dakota,
June 21, 2002.
During the governor’s ride in June, 2006, Thompson discussed his desire to explore the possibility of running for president with Head Road Captain, Tony "Pan" Sanfelipo. Sanfelipo, Founder of ABATE of Wisconsin, and Thompson have been friends for many years. In fact, Thompson walked Tony’s wife down the aisle during their wedding on top of Crazy Horse Memorial, in South Dakota. Tony "Pan" is working on taking the Governor’s Ride to Iowa in 2007. "We usually have 150-200 bikes on this annual ride, but with Thompson seeking the highest office in the land, we may hear from many more people who want to participate," Sanfelipo said.
In any event, having somebody who rides and understands what bikers are all about would be great for a change. The threat of a national helmet law from the likes of Senator Lautenberg, New Jersey, would have its own veto pen on stand-by. Here is a chance for the motorcyclists of America to speak out and flex some political muscle.
Is there a President’s Ride looming in the future?
Motorcyclist Turns Down $100,000 Offer and Receives Over $1Million
Posted October 19, 2006
On July 10, 2004, Ronald Sobiesczyk lost his leg as a result of a motorcycle crash in Shorewood, WI. A car pulled out and made a left turn in front of the cyclist causing the crash. Attorney Jason Abraham settled the case for $1,050,000.00 months after the initial offer of $100,000.00 was rejected. Read the entire story in our Settlements and Verdicts section.
MRF Meeting of the Minds, 2006
Glen A. Caroline, Director of NRA-ILA, and Tony "Pan" Sanfelipo, at the MRF Meeting of the Minds, Lebanon, Indiana.
Posted October 6, 2006
The annual MRF conference, entitled Meeting of the Minds, took place September 22-24, in Lebanon, Indiana. Hosted by ABATE of Indiana, this year’s conference brought together freedom minded motorcyclists from around the country and Europe. With workshops entitled "Activism from A to Thee," "Building Political Relationships," "Motorcycle Specific Legislation-What is Happening Where" and "Running for Political Office," you know this was grass roots activism training at its best.
Speaking of grass roots activism, one of the best key-note speakers the MRF has ever presented was Glen A. Caroline, Director of the NRA’s Institute for Legislative Action. The gun owners lobby is like minded to the motorcyclist’s lobby, when it comes to basic freedoms and Constitutional right’s issues. Mr. Caroline explained in detail how the NRA mobilizes its members, through education, into registering to vote, implementing yard sign campaigns, phone banks and precinct walks, legislator contacts and letter writing.
With four million members, the NRA is clearly the largest grass roots organization around. It’s those four million members who are the machine that drives the organization. Without participation from the membership, the power of the NRA would be diminished greatly. Getting the members out to vote or engage in other activities is what Mr. Caroline does through political and legislative training workshops, much like the one he conducted for the MRF. He also represents the NRA in debates and public forums.
One key to the element of success in the NRA is recognizing that every member cannot be expected to do everything, but, however, they must do something. Any organization hoping to be successful should have a number of programs and activities in which a broad base of the membership can part in.
The lesson to the motorcycle community was quite clear. Activate your members into participating in the legislative process by having a number of ways for them to participate. And never turn away help from anyone wishing to help achieve your goals.
Are New Helmet Laws On the Horizon?
Posted October 6, 2006
With the increased publicity about motorcycle crashes, such as the over reported crash of Pittsburgh Steeler quarterback Ben Roethlisberger, there is genuine concern among motorcycle rights organizations that there will be a renewed effort to re-enact mandatory helmet laws in states that repealed or modified their helmet law in the past.
In September, the National Transportation Safety Board (NTSB) held a two-day forum on motorcycle crashes, stating that fatalities for cyclists had increased by more than 25%. The NTSB examined rider training and licensing, protective gear, vehicle design and education of the non-motorcycling public. Motorcyclists who attended the public forum were not impressed by the suggestions or claims of the NTSB.
Also, in September, Senator Frank Lautenberg, New Jersey, sent a letter to governors around the country, claiming injured motorcyclists cost taxpayers money and further claiming $873 million in costs would have been saved if helmets were worn. Nobody ever offers any information on how they come up with these numbers or predictions. They also leave out the fact that motorcyclists pay taxes too. Lautenberg goes on to say that further federal legislation is contemplated to address the problem. So, in other words, we can expect some attempts to enact a federal helmet law, or at least reinstatement on a state level.
Because of this threat, the MRF held a helmet law strategy session during the Meeting of the Minds, on September 22, 2006. The panel was comprised of freedom fighters from around the country that represented different perspectives on how they repealed or fought to repeal their state’s helmet law. The panel included Dave Dwyer, ABATE of Wisconsin, MRF BOD; Charlie Williams, ABATE of Oklahoma; Steve Zimmer, ABATE of Ohio, MRF BOD; Charlie Umbenhauer, ABATE of Pennsylvania; Jim Rhoades, ABATE of Michigan; Doc Reichenbach, ABATE of Florida and Tony "Pan" Sanfelipo, ABATE of Wisconsin. The moderator was Rick Gray, ABATE of Pennsylvania. Several of the panelists were founding members of their state’s ABATE chapter, Jim Rhoades, Rick Gray and Tony Sanfelipo.
Although there was some disagreement on effective strategies to stop helmet legislation, the common view was that some sort of push for mandatory federal helmet legislation would be a priority.
Judge Dismisses Nine Helmet Tickets: Quigley Wins Again
Posted September 6, 2006
Richard Quigley received nine helmet tickets, four from the Watsonville Police, and five from the California Highway Patrol (CHP). This took place over a period of time between July 24, 2003 and August 27, 2004. In all cases except one, Quigley was wearing his form of headgear, a BOLT cap with DOT embroidered on the back.
On March 17, 2006, Quigley filed a motion to dismiss the tickets on constitutional grounds, and on July 14, 2006, the judge ruled the helmet law statutes were unconstitutional as applied by the citing officers, and dismissed the charges. Later, on August 16, 2006, Honorable Judge Michael Barton filed his Findings of Fact, Conclusions of Law and Order After Hearing, to clarify his ruling. To read the complete transcript of the August 16, 2006 decision, go to: www.usff.com/print/05Order%20After%20Hearing.pdf
Briefly, a few previous court cases set the groundwork for Judge Barton’s ruling. In Buhl v. Hannigan, 16 Cal.App.4th 1612 (1993), the constitutionality of the California helmet law was challenged on the grounds that it was vague, due to the fact that a person of ordinary intelligence could not understand the federal standard of certification for helmets (FMVSS 218). The Court of Appeals rejected that argument as “absurd,” and held that a cyclist only had to wear a properly labeled helmet (a DOT certification of compliance).
Later, in Bianco v. CHP, 24 Cal.App.4th 1113 (1994) the court ruled that the DOT sticker created only a rebuttable presumption that the helmets meet FMVSS 218, and the requirement in Buhl that the helmet only has to have the sticker does not apply if the helmet is shown to not conform with the federal standard and the cyclist has actual knowledge of this fact.
Finally, in Easyriders v. Hannigan, 92 F.3d 285 (9th Cir. 1996) an injunction was issued by the district court enjoining the very process the prosecution was using against Quigley. The 9th Circuit Court of Appeals wrote, “…because violation of the helmet law requires specific intent on the part of a motorcyclist wearing a helmet that was certified at the time of purchase, the ticketing officer must have probable cause to believe that the specific intent, caused by the motorcyclist’s actual knowledge of non-conformity, exists.
Throughout the trial, it was shown that the CHP relied only on visual inspection and the DOT sticker to determine if Quigley’s helmet met FMVSS 218. Remember, according to Buhl, this is a performance standard, and cannot be applied to consumers. Quigley, on the other hand, provided evidence that the CHP relied on the so-called “DOT approved” helmet to show compliance with FMVSS 218. Judge Barton recognized that FMVSS 218 provides no authority to approve helmets, and letters from NHTSA’s counsel support that the phrase “DOT approved” has no meaning in fact or in law.
The DA failed to make his case that Quigley had violated the helmet law as written, but Quigley did prove his case that he was wearing headgear, bearing a DOT label, and was still cited, violating the injunction issued in Easyriders, thus violating his Fourth Amendment rights, as described in Easyriders. He also provided evidence that the CHP, through “Quick Code” training bulletins, was teaching their deputies and other enforcement agencies that they could tell if a helmet was compliant, just by inspecting it. They instructed officers to look at the size of the helmet, and the amount of padding, although there are no such restrictions, measurements or guidelines in the FMVSS 218 standard.
Further, the court stated that since there is no “list” of compliant helmets or other objective criteria, a person of ordinary intelligence would not know what is required or prohibited by the helmet law statutes. The court dismissed all of Quig’s helmet tickets, including the one for no helmet at all, on the grounds that the enforcement policies and procedures adopted by the CHP and their allied agencies have rendered the mandatory helmet law void for vagueness, and otherwise unworkable, as applied by the citing officers.
U.S. Representatives Introduce HIPAA Fix
Posted September 6, 2006
Last Congress, the full Senate unanimously passed S.577, the “HIPAA Recreational Injury Technical Correction Act” introduced by Senators Russ Feingold (D-WI) and Susan Collins (R-ME). Unfortunately, the House of Representatives adjourned before they were able to act on the bill. Therefore, this legislation was re-introduced by Reps. Michael Burgess (R-TX) and Ted Strickland (D-OH) for the 109th Congress.
Basically, the 1996 HIPAA bill prohibited insurance companies from denying health care coverage based on pre-existing medical problems or certain “risky” behavior, like riding motorcycles. The Burgess-Strickland bill (H.R. 2793) reiterates what S. 577 would have accomplished, namely barring insurance companies from discriminating against employees who were injured while riding a cycle, snowmobile, ATV or horseback riding. The insurance company may exclude coverage if the employee was injured while engaged in illegal activity while using the mode of transportation or the vehicle itself was illegal under applicable law.
The MRF (Motorcycle Riders Foundation) sent out a plea to all states to ask their Representatives to sign on to this legislation. Attorney Michael F. Hupy contacted Wisconsin Representatives Ron Kind and Gwen Moore, who had not added their names to the bill. After speaking to Attorney Hupy, and follow-up letters, both have now signed on to the legislation.
Busted Video Reaches 500,000 Viewers!
Posted September 6, 2006
Hupy and Abraham, S.C. have been offering copies of the Busted DVD free to anyone requesting it. The video is a citizen’s guide to constitutional rights. The law firm has provided the DVD’s at rallies, bike shows, swap meets and direct requests to our office.
The producers of the video, Flex Your Rights, inform us that through several internet sites, over 500,000 people have now seen the video. Sites such as www.Youtube.com and Google have made the video available to viewers. This is great news for everyone. You can read more about how Busted became an internet phenomenon and how you can help Flex Your Rights continue their good work by visiting www.flexyourrights.org/busted_reaches_500_000
South Suburban A.B.A.T.E. Thanks Attorney Michael F. Hupy
Posted September 6, 2006
A.B.A.T.E. of Illinois, South Suburban Chapter President, Mike Panzer, thanked Attorney Michael F. Hupy in the chapter’s September, 2006 newsletter. The 20th Annual Helmet Roast was history, and it was another success, in great part due to the many volunteers and supporters of the event. Attorney Michael F. Hupy is a member of South Suburban Chapter, and for the second year in a row he was the number one ticket purchaser. He gave some of the tickets he purchased to the volunteers working security for the event.
Arkansas Trains 15 Instructors in Accident Scene Management
Posted September, 2006
Kathy Mellembakken was concerned about whether her local EMS was trained in motorcycle crashes, and even more concerned about whether fellow riders would know what to do if a crash occurred. Working with the Little Rock VFW, the Arkansas Nurses Association and the local ABATE organization, she contacted Vicki Sanfelipo of Accident Scene Management. Not only did ASMI teach the Crash Course for the Motorcyclist, Basic, but Vicki also trained 15 people to act as instructors to carry on courses in that state and Oklahoma. The group of new instructors included two RN’s, one RN/EMT, four EMT’s, one First Responder and a Paramedic/Assistant Fire Chief.
To date, Accident Scene Management has trained over 8,000 people. Besides teaching the 7.5 hour basic crash course, the new instructors will also be able to teach a 4 hour class for professionals, which deals with the mechanisms of injury and the crash, and touches on property issues and psycho/social issues. www.accidentscene.org
Senator Dave Zien and Tony "Pan" Sanfelipo Ride To Celebrate Freedom
Posted September 6, 2006
Motorcycling legend and legislator, Senator Dave Zien, and ABATE Founder, Tony “Pan” Sanfelipo, will celebrate their 34-year friendship by riding through northern Wisconsin and speaking about the many laws they helped to enact to benefit motorcyclists in Wisconsin.
They will be visiting bike shops and dealerships to talk about the history of the rights movement in Wisconsin, as well as dedicating a memorial stone to the late Buck Kittredge, who served as Executive Director of ABATE of Wisconsin and President of the Motorcycle Riders Foundation.
Tommy Thompson's 12th Annual Reunion Tour Cheeseheads invade the Big Apple
Tommy Thompson, enjoys the Atlantis Princess cruise around Manhattan
As Wisconsin’s governor, Tommy Thompson initiated the Governor’s Tour at the urging of state senator Dave Zien. It was a way to promote Wisconsin businesses and tourism while riding the most popular Wisconsin product, Harley-Davidson motorcycles. Also, at the suggestion of Senator Zien, Thompson asked Hupy and Abraham investigator, Tony “Pan” Sanfelipo, to be his head Road Captain for the event. Tony had years of experience organizing and marshalling rides to Madison for the helmet law rallies.
Senator Mary Lazich admires an Orange County Chopper
Every year a group of devoted riders, with a special place in their hearts for Tommy Thompson, tour the asphalt ribbons of Wisconsin and neighboring states. Past tours have including the circumnavigation of Lake Superior, a visit to Washington D.C. to celebrate Wisconsin’s sesquicentennial, and the induction of head road guard, Tony “Pan” Sanfelipo into the Sturgis Motorcycle Hall of Fame, followed by his wedding to ride nurse, Vicki Roberts, on top of Crazy Horse Memorial.
The law firm allows Tony time away from the office to coordinate the ride, and pays for the coveted road guard shirts. Tony’s wife, Vicki, is the founder of Accident Scene Management, Inc., and last year she asked Tommy Thompson if his ride could be a fund raiser for the important injury classes she teaches, which of course he agreed to.
2006 was special reunion ride from June 16th to June 23rd. The group started by taking the Lake Express Ferry across Lake Michigan, to avoid construction in Chicago. Cruising at around 30 knots, with sunny skies and smooth seas, it was a great way to start the journey.
The participants each paid a tax deductible $150.00 registration fee, benefiting Accident Scene Management, Inc. Not counting tolls, a few meals, gas or hotels, everything else was pretty much covered by the event. While in Williamsport, the group taste tested complimentary beer samples from Bull Frog Brewery and enjoyed an excellent meal. Afterward, there was a trip down the Susquehanna River on the Hiawatha Paddleboat. There were a number of Harley-Davidson dealerships that provided food and refreshments, including Schoch’s HD in Stroudsburg, Pennsylvania. Owner, Rose Schoch is an 80 year old dynamo who was so thrilled to have the group visit that she personally made her signature chili for everyone, and it was great.
This whole ride was coordinated by Vicki Roberts Sanfelipo and Stormin Norman, of Staten Island, New York, with Tony “Pan” coordinating the road guards. They put together a mind boggling tour that left the participants breathless.
Tony and Vicki Sanfelipo, along with road guards and Ontario Provincial Police escort
Can you imagine bringing 100 motorcycles through New Jersey, crossing over the toll bridge into Staten Island, during rush hour? What a sight. Helping Stormin achieve this goal were New York firefighters Bill Eisengrein and Timmy Duffy, and friends Mark Ravello and Bill Roesch. Tommy Thompson met the group in Staten Island, for a four hour cruise around Manhattan. Paused off shore from Ground Zero, Thompson spoke about the attack on the Twin Towers and how he was one of the first cabinet members to visit the site.
New York City is not every biker's dream riding spot, so we left the scoots on Staten Island and used the ferry to commute. Everyone had two days to explore, using the subways, tour busses and just plain walking. Some visited Wall Street, while others made an early morning trek to the Today Show. Many of the women were content to shop on 5th Ave, while a small group visited Brooklyn and Indian Larry’s Legacy Cycles. There was an impromptu gathering of the tribe at La Mela, in Little Italy later in the afternoon. The food was great and we literally took over the restaurant including the sidewalk tables. What a party. The mood was much more somber the next morning as we visited Ground Zero for a tour presented by Tribute NYC and the September 11th Families Association. The tour guides were all people who were personally touched by the events of that day. In our group, led by guide Lt. Paul McFadden, Rescue 2, F.D.N.Y. retired, was Bill Eisengrein, the fire fighter memorialized in the picture of the firefighters raising the flag on top of the debris. We got the inside story on where the flag actually came from.
The Staten Island Hotel rocked into the evening with a great cocktail party for everyone that night. The next morning, a tired crew toured the Catskills, after a select few toured the Orange County Choppers shop while the rest dined on Cascarino’s Pizza, in Montgomery, New York. They claim to have the best pizza in New York, but then, we saw that advertisement on every pizza sign. It was good though. That evening, Mayor Jim Brown welcomed us to Rome, at Dick’s Harley-Davidson, a small dealership that looked like it was stuck in the 1950’s. They had a bikini bike wash, food and a band waiting for us, along with discounts on many items in their store. Once again, a weary bunch of bikers hit the highway in the morning, this time heading for Buffalo and Niagara Falls, Ontario. We had a breathtaking view of the falls from the observation deck of the Minolta Tower, 525 feet above the falls. Cocktails and music lent to a beautifully relaxing social evening.
Fire fighter Bill Eisengrein and Sen. Lazich listen to tour guide at Ground Zero
Friday morning photo call at 10:00 AM, for a group picture in front of the falls, was the only time we got wet on the whole trip. Governor Thompson flew in from Chicago early that morning, and was eager for the group picture. Unfortunately, he had to leave us once again, for a flight overseas. He is one busy man. The mist rolling over our shoulders was refreshingly welcomed by the now sun burned riders. We were met by K.G. Munro of the Ontario Provincial Police at Niagara on the Lake, who escorted us to the city limits of Toronto. There, we were picked up by a cordon of motor patrol officers led by Sgt. Andy Norrie, Winged Wheels Toronto Police Service. Entering Toronto on Friday afternoon during rush hour, 100 bikes snaking through traffic past sidewalks lined with people armed with cameras and video equipment, was one of the most bizarre things I’ve witnessed. A cabby later remarked to us while riding to Toronto HD dealership that he thought somebody from the Royal Family or something must have come into town with a huge motorcycle escort. We just laughed and said he was probably right.
The finale of the trip was the famous Biker Ball, hosted by Jerry and Cathy Weiner, who have a home in Toronto, and have been riding with the Tommy Thompson Reunion Ride since Tommy met them and invited them along back in 1999. Terrific music and great food greeted the riders at the Delta Chelsea Hotel for the ending party to this year’s ride. The Governor’s Reunion Ride is one of the best organized rides anywhere, and it benefits an organization that helps bikers. That’s another great reason to support it, because the money is used to help bikers. Watch hupy.com or accidentscene.net for information on next year’s ride.
Tommy Thompson thanks Stormin Norman at Niagara Falls
Tommy Thompson served 14 years as Wisconsin’s governor, before accepting a cabinet job as Secretary of Health and Human Services. He now works in the private sector, still involved in world health issues.
Quigley May Single-Handedly Defeat California Helmet Law
Richard Quigley in a classic pose argues the right of civil disobedience with a San Diego police officer, while Steve "Red" Barron looks on. Barron organized a Freedom Rally on July 4th in San Diego.
In November of 2005, Hupy and Abraham investigator, Tony “Pan” Sanfelipo, traveled to Aptos, California to attend a tribute to terminally ill Richard Quigley (see related article below). Tony is the founder of ABATE of Wisconsin (1974) and BOLT (Bikers of Lesser Tolerance-1992). In 1994, Richard Quigley joined a group of California activists in accepting Michael Hupy’s invitation to come to Wisconsin and attend one of the famous Freedom Rallies put on by the Right to Decide Committee. Tony Pan was so impressed by Quigley that he appointed him as BOLT Director of California. Since then Quigley has challenged the helmet law repeatedly in his home state and has worked closely with Jackie Suther, BOLT Director of Nevada, in working toward overthrowing that state’s helmet law as well. Rather than petition the legislature, BOLT goes headlong into battle in the courts.
Quig has been handed another victory in his 15-year fight to have the helmet law in California overturned. Judge Michael Barton, Superior Court, Santa Cruz County, dismissed 9 out of 11 tickets on the grounds that the statute is unconstitutional as applied. The two remaining citations are set for trial on the 25th of August, which is also the date that the judge has set for ruling on a motion for declaratory and injunctive relief – a motion that will allow him to once again find those two citations unconstitutional, as applied, and subsequently issue an injunction against enforcement of the statute statewide. He has agreed to ask the presiding judge of the Superior Court to have all helmet tickets assigned to his court to be summarily dismissed. What that means is when this takes effect any helmet citations issued in Santa Cruz County (California) will be dismissed automatically. The presiding judge will notify the District Attorney of her decision, and instruct him to inform the local police agencies and the CHP that issuing the citations will not only lead to dismissal, but will constitute a violation of the constitutional rights of the biker – which could open the citing officer up to law suit in federal court.
2006 Women in Motion Ride a Success
Vicki Sanfelipo, Founder/Director, Accident Scene Management
Food was in abundance during the ride
Although lots of pretty women do this ride, about half the participants are men
Some Road Guards sporting the Hupy sponsored "guard shirts"
Kirk "Hardtail" Willard speaks at the Motorcycle Memorial in Door County
The 2006 Victory motorcycles are smokin'
Tony "Pan" Sanfelipo and special ride escort
Once again, the ladies of Women in Motion put together a terrific ride to benefit Accident Scene Management, Inc. Each year, this ride tours Wisconsin promoting women motorcyclists, safe riding and Accident Scene Management, the course that teaches bikers what to do at the scene of a motorcycle crash until professional help arrives.
This year’s ride traveled to Door County, Wisconsin, for some of the most scenic riding in the state. Although organized and road guarded by women, the ride traditionally has almost as many men as women on it. The law firm of Hupy and Abraham, S.C. provides financial assistance to Accident Scene Management as well as attorneys to lecture on insurance needs. The firm also sponsors the ride shirts for all the participants and the special “Road Guard” shirts worn by the elite team of Women in Motion.
So much went on during this ride that there isn’t enough space to write about it all. Some highlights were visiting Ellison Bay, site of a tragic propane blast just prior to the trip, and meeting with some locals at the Viking Grill for lunch. Also, a memorable trip to the Motorcycle Memorial near Sturgeon Bay, where Kirk “Hardtail” Willard and Tony “Pan” Sanfelipo spoke about the spiritualism of motorcycling and the importance of a place like the Memorial. Door County Victory put on a wonderful fish boil and had demo bikes ready for anyone that wanted to try out the 2006 models, and they scream. The final destination of the two day ride was Wisconsin Harley-Davidson, in Oconomowoc, where a spectacular evening dinner complimented the hustle of the street dance and party that was going on all day. Plan on helping Accident Scene Management by attending next year’s ride, and more importantly, if you haven’t taken a class, register for one today. Visit www.accidentscene.net for details of rides and classes.
Wisconsin's Roadway Users Responsibility Act Signed by Governor
ABATE of Wisconsin and Hupy and Abraham, S.C. team up again and get results
"Rights leaders gather in senators office before speaking to legislators about SB 528. Left to right, Kirk "Hardtail Willard, Deputy Director of ABATE of Wisconsin, Senator Dave Zien, author of the bill, Attorney Michael F. Hupy and Tony 'Pan" Sanfelipo, Founder, ABATE of Wisconsin
ABATE of Wisconsin requested legislation on behalf of its membership that would increase the penalty for right of way violations causing injury to motorcyclists. Included in the legislation was also language that would allow motorcyclists to proceed through a red light controlled by electronic sensors. If the motorcycle was not detected by the sensor, the cyclist could proceed after waiting 45 seconds and the traffic was clear.
On February 1, 2006, Attorney Michael F. Hupy and Tony Sanfelipo, Founder of ABATE of Wisconsin and an investigator for Hupy and Abraham, S.C. Law Firm, testified before the Senate Judiciary Committee in favor of SB 528. Also testifying was Dave Dwyer, ABATE Legislative Director and Kirk “Hardtail” Willard, ABATE of Wisconsin Deputy Director and MRF Vice President. Just eight days later, Dwyer and Sanfelipo returned to Madison, Wisconsin to testify before the Assembly Transportation Committee on the companion bill AB 964. Preceding the public testimony, Hupy and Sanfelipo joined other ABATE members on January 24, 2006, for the ABATE Lobby Day, speaking to dozens of lawmakers on behalf of these bills.
Hupy and Abraham S.C. has assisted ABATE of Wisconsin in getting key legislation enacted to benefit Wisconsin’s motorcyclists, including bills on bike confiscations and disallowing insurance companies to reduce damages because of non-use of a helmet.
Harley-Davidson Holds Premier Indoor Bike Event of the Year
Hupy and Abraham, S.C. Sponsors Two Corporate Tables
Attorney Abraham welcomes some of his guests to the Black 'n Blue Ball. Seated, left to right, ABATE members Diane and Greg Rodd, and Harley-Davidson Historian, Dr. Martin-Jack Rosenblum.
Attorney Jason Abraham and Bill Eisengrein, Brooklyn Rescue 2.
Again this year, MRF and ABATE members attended the annual MDA Black ‘n Blue Ball as guests of Hupy and Abraham, S.C. Held at the Midwest Airlines Convention Center in downtown Milwaukee, this is the largest event of its kind in the country, and last year over 1,200 guests helped raise a record $503,000 for MDA. To date, over $2.5 million has been raised to help find a cure for 43 neuromuscular diseases. To its credit, 76% of every dollar spent by MDA goes directly to research, health services or education.
Harley-Davidson is the corporate partner in this event, hence the black leather and blue denim theme. The convention center was filled to capacity once again with attendees bidding on silent auction items, artwork, memorabilia, sundry items and an array of motorcycle collectibles.
Hupy and Abraham, S.C., besides furnishing items for gift bags presented to everyone, invited some special guests to sit at their tables. Among their guests was Bill Eisengrein, a Firefighter EMT from Rescue 2, Brooklyn, New York. Bill was one of the three firefighters who were memorialized in that patriotic photograph raising the flag at Ground Zero after the attack on the Twin Towers. He came to Milwaukee for the first time, as the law firm’s guest, and while here, was also honored by County Executive Scott Walker, at a special ceremony at a Station Two firehouse in Milwaukee. While here, he also toured the Juneau Avenue Harley-Davidson facility, arranged by Tony “Pan” Sanfelipo, investigator for Hupy and Abraham,S.C.
Joining in the festivities were ABATE of Wisconsin members Greg and Diane Rodd, Chubby and Lisa Charlebois, and A.B.A.T.E. of Illinois members Bob Sumption, who is also an investigator for Hupy and Abraham, and Paula and Dave White.
Harley-Davidson Breaks Ground for New Motorcycle Museum
Harley-Davidson Historian, Dr. Martin-Jack Rosenblum, and Hupy and Abraham investigator, Tony "Pan" Sanfelipo
Willie G. and Nancy Davidson reflect on the historic importance of the vials of dirt
Tony "Pan" poses with a Harley-Davidson ceremonial shovel
On June 1, 2006, over 500 executives, employees and Harley riders joined local officials to celebrate the beginning phase of construction of the new motorcycle museum in Milwaukee. Departing from tradition, the chrome shovels were temporarily put aside in favor of dirt track racer Scott Parker’s Sportster. After all, what better way to kick up the dirt than a spinning motorcycle tire?
Hupy and Abraham, S.C. investigator and ABATE of Wisconsin founder, Tony “Pan” Sanfelipo, attended the event and took time to personally thank Governor James Doyle for signing SB 528, ABATE’s Roadway Users Responsibility Act. The Governor responded by saying, “It was my pleasure.”
Wisconsin Governor James Doyle, Milwaukee Mayor Tom Barrett and Milwaukee County Executive Scott Walker congratulated Harley-Davidson and the various planning boards and city officials that helped make this dream a reality.
The museum complex is a $95 million project which is scheduled to be completed in 2008. Besides the museum, there will be a restaurant, café, gift shop and special event space. The site is just south of the downtown Milwaukee area on 20 acres of land at 6th and Canal Streets. The museum will be a 130,000 square foot facility, employing 70 full time workers. In addition to the museum complex, additional buildings totaling 100,000 square feet will contain offices for Harley-Davidson. The expected 350,000 annual visitors will spend about $39 million a year in hotel, food, fuel and other associated costs, adding to the economy of the ever developing downtown area.
A very special gift was bestowed upon everyone taking part in the ground breaking event. Each person was given a small vial and invited to scoop up some of the “sacred” ground as a memento of the occasion. Leading this activity were Willie G. and Nancy Davidson and their family.
The archives at the Juneau Plant house most of the current collection, which includes the oldest Harley-Davidson motorcycle in existence, serial number 1. Also at the archives are numerous vintage race bikes, motorcycles from movies and several of the Nova experimental water-cooled motorcycles that Harley collaborated with Porsche on. There are truly some unique items in the archives, most of which have only been seen by a select few. Hopefully, many of these will be permanently placed in the new museum when it’s completed.
Hupy In Super Lawyers First List
June 2006
Attorney Michael F. Hupy was included on the first Wisconsin listing of Super Lawyers which was published recently. Lawyers are selected by their peers and by a screening process.
Hupy is also AV rated in Martindale-Hubbell, certified as a Civil Trial Specialist by the National Board of Trial Advocacy and is a member of the Million Dollar Advocates Forum.
As of January 1st, the name of the law firm was changed to Hupy and Abraham, S.C. The firm recently settled two separate cases for injured bikers which will result in approximately a $3 million dollar payout in each case. One accident happened in Wisconsin and the other in Illinois.
On June 9, 2006, a judge awarded one of Hupy’s clients $20 million in a trial against the government.
HIPAA Building Up Steam
The Motorcycle Riders Foundation (MRF) has been aggressively working on getting HR 2793 passed through committee with a favorable vote. HR 2793 is the HIPAA Recreational Injury Technical Correction Act. In short, this bill would prohibit health insurance plans covered by HIPAA from denying benefits to injured people who were injured while engaged in a particular mode of transportation, such as motorcycling.
HR 2793 had 81 cosponsors and the Senate companion bill, S 577 had eight, as of May, 2006. On June 2, 2006, Wisconsin Congresswoman Gwen Moore (D-Milwaukee) followed up on a phone conversation with Attorney Michael Hupy, of Hupy and Abraham S.C., asking her to sign on to this important motorcycle legislation. As a constituent, Attorney Hupy explained the negative impact of such a loophole in the law. Congresswoman Moore wrote to Hupy and thanked him for bringing this matter to her attention. She wrote, “After having carefully considered what you said and researched this legislation, I have asked to be a cosponsor of H.R. 2793.”
Attorney Hupy received the congresswoman’s letter one day after receiving a $20 million dollar award against the government in a case for a child with cerebral palsy.
Attorney Hupy is a lifetime member of ABATE of Wisconsin and his local regional officer, Paul Vita, sent an e-mail to him thanking him by saying he was sure Hupy’s request was the reason Moore had signed on as cosponsor.
TEXAS HOG RALLY SET FOR MAY 18-20 IN ABILENE
Abilene, Texas Is Home To One Of Our Favorite Non-Profit Organizations, Disability Resources, Incorporated
General Chuck Yaeger, astronaut Wally Schirrah, Steve Kanaly, star of the T.V. show Dallas, and Wally Hilgenberg, former Minnesota Vikings star have supported Disability Resources in Abilene, Texas for over ten years. So has Hupy and Abraham, S.C.
Disability Resources (DRI), headed by Dr. Norman Dozier, provides education, housing and jobs for the developmentally disabled in Abilene, Texas. For the last sixteen years, DRI has held an annual fundraising event called the Big Country Celebrity Quail Hunt. We are proud that we have participated as a sponsor of this event for many years.
Anyone with ties to Abilene, Texas or HOG members just visiting there should consider helping support Disability Resources, Incorporated. For more information see their website at www.driabilene.com.
As part of the HOG festivities, there will be a Thursday night pre-party, unique photos at Dyess Air Force Base, a parade, a bike show open to the public and other events.
For more information about this year’s Texas HOG Rally see www.txstatehogrally.com or call 866-HOG-2006. The event will be held at the Taylor County Expo Center.
Bikers Rights Organizations Can Learn A Fundraising Lesson From The NRA
The NRA Convention will be held in Milwaukee this year. As part of the convention, Hupy and Abraham, S.C. is sponsoring a sporting clays event for the NRA Foundation at Wern Valley near Delafield on May 18th.
The purpose of the shoot is to recognize members of the NRA Foundation. Foundation members have provided for the NRA in the form of a legacy in their wills so the NRA can continue its good work after they are gone.
I am suggesting that rights organizations consider doing the same thing. Many non-profit organizations around the country have promote legacies or sponsor immediate annuities whereby a large donation is given to the non-profit organization and, the donor receives a payment every year which varies depending upon age.
Should anyone wish to look into the subject of planned giving in more detail please look at the Leave a Legacy home page at www.leavealegacy.org.
Abraham Named To Hog Cancer Ride Board
On My 4, 2006, Attorney Jason F. Abraham, was invited to attend the board meeting for the Rock River Cancer Research Foundation to be interviewed for a potential position on the board. At the meeting, current board members expressed how instrumental Attorney Abraham was in helping develop the new board and for helping bikers. As a result, Attorney Abraham was informed on May 5, 2006, that he was invited to be a member of the board and he immediately accepted the invitation.
The Rock River Cancer Research Foundation, Inc. is the beneficiary of the proceeds raised from the Rock River HOG Chapter’s Annual Motorcycle Ride for Breast Cancer. Over the last twelve years this ride has raised $2,400,000.00 for breast cancer research. This year’s ride will be held on September 30, 2006, beginning at Wisconsin Harley-Davidson.
We anticipate at least 2,000 riders for this wonderful event. To get more information or to sign up for the ride please go to their website, www.ridintoacure.com
In 2004, the Hupy family donated the breast cancer show home in Milwaukee and over $350,000.00 was raised for breast cancer research.
Hupy Wins Six Figure Settlement In Brutality Case
Attorney Michael F. Hupy recently negotiated a six-figure settlement for Paula White, former Northern Illinois A.B.A.T.E. president. Other lawyers would not take her case.
Paula White was delivering mail for the United States Postal Service on July 18, 2002, when she received a startling phone call. It was the Pleasant Prairie Police Department, who informed her that something terrible had happened at her horse farm and that she should return there immediately. Extremely concerned, Paula started driving home, as she worried about how her mail would get delivered that day, and more importantly, whether something tragic had happened to her husband David “Spock” White, who was working on the farm.
Upon arriving at the farm, Paula was met by a captain from the Pleasant Prairie Police, who refused to give her information and instructed her to wait by her vehicle. Paula, concerned for her husband, started walking toward her house, when the captain grabbed her by the back of the shirt, and kicked at the back of her knees. Paula fell to the ground, hitting her knees. The captain then put his knee in the back of Paula’s neck as he held her arms behind her back.
Paula found out some time later that she had been accused of stealing a horse trailer from another Pleasant Prairie resident. The next two years were difficult ones for Paula. As a result of the assault by the Pleasant Prairie Police, she sustained a fractured neck, and knee injuries, which required surgery. To add insult to injury, Paula faced a lengthy court battle to prove her innocence. In February 2004, a judge found her not guilty, and dismissed the case. The alleged victim of the theft was charged with insurance fraud over the incident.
Attorneys Chad Kreblin and Angela McGraw of the Hupy Law Firm handled the court proceedings and Attorneys Michael Hupy and Chad Kreblin attended the mediation session resulting in a settlement for Paula eight times the original offer.
Hupy Law Firm Continues Tradition of Contribution
Most of you already know that the Hupy Law Firm has pledged $26,000 to biker’s rights in Wisconsin and Illinois. We also donated to Bikernet’s ride to benefit the Crazy Horse monument in South Dakota, as well as donating to the hurricane relief fund for bikers in Louisiana. What you probably don’t know is our commitment to other community causes. On November 21st, Milwaukee Mayor Tom Barrett joined our firm in giving away 100 Thanksgiving baskets (which fed between 700-1000 area residents). This was the tenth year the firm donated baskets. We also donated $2,500 each to the Hunger Task Force of Milwaukee and the Second Harvest Food Bank. On July 18th, Attorney Jason Abraham was the personal caddy for Brett Favre at a charity golf outing at Brown Deer Golf Course. Abraham donated $3,600 to win an auction to benefit local charities and have the opportunity to spend 5 hours with a sure candidate to the Football Hall of Fame. Meanwhile, Attorney Teena Abraham organized a fund raising party to benefit 14-year old Lexi Georgeff, who needed multiple organ transplants to survive. The benefit was an outstanding success, due to Teena’s tireless efforts. Unfortunately, Lexi died after undergoing surgery. The Hupy Law Firm also donated $6,500 to the NAACP Scholarship Fund for local students. These examples are only some of the many worthwhile causes the Hupy Law firm supports each year.
Hupy and Abraham, S.C. Sponsor Dinner at 17th Annual Heartland STEAM
April 28-29, 2006, motorcycle rights activists from Illinois, Iowa, North Dakota, South Dakota, Nebraska, Minnesota and Wisconsin will converge on East Peoria, Illinois for the 17th Annual Heartland STEAM conference.
STEAM is an acronym for Seminar To Educate And Motivate, and that’s exactly what it does. It brings new life into the arena by attracting young motorcyclists who want to support the various rights organizations. It also regenerates and charges the batteries of older, experienced activists who sometimes need a little boost. Key note speakers and work shops on a variety of subjects educate the audience on what is currently going on in the world of motorcycling and motorcycle rights.
Lunch and dinner at these events are sponsored by industry or business leaders who support this program. This year, Hupy and Abraham, S.C. is sponsoring the Saturday evening dinner as a way to continue their commitment of supporting the motorcycle rights community.
Proceeds from this event are donated to the Motorcycle Riders Foundation (MRF) to assist with funding the operational costs of maintaining a lobby effort and office in Washington, D.C.
Unborn Son Of Southern Illinois Biker To Receive Settlement Worth Millions
Although his father was killed in a motorcycle accident four months before he was born and his parents were never married the now eight-month old son of an Illinois biker, who was killed in a motorcycle accident in Illinois on April 18, 2005, will receive a settlement that could be worth more than three million dollars. Attorneys Michael F. Hupy and Jason F. Abraham who have offices in Wisconsin and Illinois appeared in a Southern Illinois Court on April 10, 2006, and received approval of the settlement.
Also in Court were longtime A.B.A.T.E. of Illinois Chapter President and Hupy and Abraham Investigator Bob Sumption. He works out of the law firm offices in Normal, Decatur and Peoria, Illinois.
Hupy and Abraham, S.C. proved that under Illinois law, a viable fetus is an heir and can make a wrongful death claim. John Claxon, III was not yet born when his father died as a result of a vehicle making a U-turn on a Southern Illinois highway without looking properly before doing so.
Hupy and Abraham, S.C. represent injured bikers and support bikers’ rights organizations throughout Wisconsin and Illinois and nationally.
Helmet Protest, Bangkok Style
During a recent trip to Thailand, Attorney Hupy noted that childern often don't wear helmets when riding with their parents.
Abate Of Louisiana Official Press Release
HB 985 went to the House Transportation Committee on 4/18/06. This Bill in its original form would have banned children under the age of 5 from riding on a motorcycle. Abate Of Louisiana was there to oppose this Bill on the basis it took away our parental rights and was not equally applied to all forms of recreational activity comparable to motorcycling. Part of our testimony was going to be "Where will it stop? The next thing you know 5 will not be enough so lets make it 7. Then a few years later, well 7 is still too young so lets make it 10. How long before it becomes 18 or even 21?" Before our people could even get up to testify against this Bill an amendment was made and passed to increase the age to 8! So I guess the question remains, where will it all end. Will the age be increased to 10 or even 12? Then how long will it be before it becomes 18 or even 21 like the legal drinking age?
We have to stop this NOW! If we allow legislation such as this to pass how long will it be before we are legislated off the very highways we enjoy so dearly. We had previously misidentified the Representative who is sponsoring this Legislation; the Author's name is Representative Damon J. Baldone Democrat - District 53. His statement is this Bill was due to calls he received concerning a mother carrying her infant child in a papoose (ask a woman) and riding the baby on a motorcycle. There is already a law concerning that and we agree with it so this Bill is unnecessary.
Our next chance to challenge this Bill will be in the Senate Transportation Committee. In the meantime Representative M.J. "Mert" Smiley Republican- District 88, who made a valiant effort to fight this Bill in the House Transportation Committee, will attempt to get the Bill killed on the House floor.
Motorcyclists from within Louisiana and outside of Louisiana need to contact him if we don't want to face these types of restrictions; we need to act now before it's too late! Tell Representative Baldone you oppose this measure and want him to kill it! His e-mail address is:larep053@legis.state.la.us His phone number is: (985) 876-8872.
Remember: One voice is but a whisper, but a thousand voices are a ROAR!
Ride Safe, Ride Free
James "Poet" Sisco
Executive State President
A.B.A.T.E. Of Louisiana, Inc.
ASMI Attends International Motorcycle Safety Conference (IMSC)
Vicki and Tony Sanfelipo, Accident Scene Management, Inc. (ASMI), attended the 2006 International Motorcycle Safety Conference, March 28-30, in Long Beach, California. Vicki is the founder and owner of ASMI, and was invited to do a poster presentation on a survey she conducted evaluating the success of the program.
The IMSC was co-sponsored by the Motorcycle Safety Foundation and the German Institute for Motorcycle Safety (ifz, Institüt für Zweiradsicherheit). Entitled “The Human Element,” this year’s conference focused on human factors involved in motorcycle safety. Also sponsoring this event was the Fédération de Motocyclisme (FIM), and The National Highway Traffic Safety Administration (NHTSA).
Experts in motorcycle safety from around the world gathered to discuss topics such as crash causation, rider characteristics, braking and conspicuity, alcohol and its effect on motorcycle operation and peer intervention programs.
Vicki Sanfelipo discussed the value of bystander training and the role of first response techniques in reducing injury severity at the scene of a crash. Her presentation attracted the attention of the AMA, NHTSA and Genevieve Schmitt, Editor of Women Riders Now, who intends to do an article about the program. Hupy and Abraham have been financial sponsors of ASMI from the beginning and provide attorneys to lecture to students about the need to carry proper insurance coverage.
Motorcycle industry leaders who support the MSF in it’s promotion of safety by sponsoring this conference include BMW, Ducati, Harley-Davidson, Honda, Kawasaki, KTM, Piaggio/Vespa, Suzuki, Triumph, Victory and Yamaha.
ASMI Attends International Motorcycle Safety Conference
"Rights leaders take a break during the International Motorcycle Conference in Long Beach California." From left to right: Vince Consiglio, Director, ABATE of Michigan; Jeff Hennie, MRF Vice-President of Government Relations; Kirk "Hardtail" Willard, MRF Vice-President; Tony "Pan" Sanfelipo, founder, ABATE of Wisconsin and Hupy and Abraham, S.C. investigator.
Vicki and Tony Sanfelipo, Accident Scene Management, Inc. (ASMI), attended the 2006 International Motorcycle Safety Conference, March 28-30, in Long Beach, California. Vicki is the founder and owner of ASMI, and was invited to do a poster presentation on a survey she conducted evaluating the success of the program.
The IMSC was co-sponsored by the Motorcycle Safety Foundation and the German Institute for Motorcycle Safety (ifz, Institüt für Zweiradsicherheit). Entitled “The Human Element,” this year’s conference focused on human factors involved in motorcycle safety. Also sponsoring this event was the Fédération de Motocyclisme (FIM), and The National Highway Traffic Safety Administration (NHTSA).
Experts in motorcycle safety from around the world gathered to discuss topics such as crash causation, rider characteristics, braking and conspicuity, alcohol and its effect on motorcycle operation and peer intervention programs.
Vicki Sanfelipo discussed the value of bystander training and the role of first response techniques in reducing injury severity at the scene of a crash. Her presentation attracted the attention of the AMA, NHTSA and Genevieve Schmitt, Editor of Women Riders Now, who intends to do an article about the program. Hupy and Abraham have been financial sponsors of ASMI from the beginning and provide attorneys to lecture to students about the need to carry proper insurance coverage.
Motorcycle industry leaders who support the MSF in it’s promotion of safety by sponsoring this conference include BMW, Ducati, Harley-Davidson, Honda, Kawasaki, KTM, Piaggio/Vespa, Suzuki, Triumph, Victory and Yamaha.
ABATE of Wisconsin and Michael F. Hupy Testify Before Senate Judiciary Committee
Just one week after a successful lobby day in Madison promoting SB 528, the Road Users Responsibility Act, a public hearing was scheduled before the Wisconsin Senate Judiciary, Corrections and Privacy Committee. On February 1, 2006, the committee members heard testimony from (in order of speaking) Tony “Pan” Sanfelipo, Accident Investigator for Hupy and Abraham, S.C. and Founder of ABATE of Wisconsin; Attorney Michael F. Hupy; Kirk “Hardtail” Willard, Vice-President MRF and Deputy Director of ABATE of Wisconsin; Dave Dwyer, Legislative Chairman of ABATE of Wisconsin.
Each speaker offered testimony on a different aspect of the bill. Sanfelipo explained the right of way violation section and how it provided for stiffer penalties and longer suspension of driver’s license for violators.
Attorney Hupy talked about the problems caused by stop lights that are not calibrated to sense motorcycles and how the bill would allow motorcyclists to proceed through a red light safely under those circumstances.
Willard explained remedial driver education classes and the need for motorcycle awareness in these classes. He also explained the Share the Road program presented by ABATE of Wisconsin and how that should be a part of education for right of way violators.
Dwyer spoke about current law on obtaining a motorcycle operators license, and how a waiver should work for those completing and passing a basic riders course and not be required to apply for an instruction permit. He also explained roadway hazards created in so-called highway improvement plans. The problem is motorcycles are not considered when making those plans.
After some comments by several committee members, the ABATE group assembled back in Senator Zien’s office to work on some subtle language changes in the bill. It appears the bill will move out of the Senate committee with a favorable vote after the language changes. The next hearing will be scheduled before an Assembly committee for similar consideration.
Hupy and Abraham, S.C. Join ABATE of Wisconsin in Lobby Effort
On January 24, 2006, Attorney Michael Hupy and accident investigator and ABATE of Wisconsin Founder, Tony “Pan” Sanfelipo, traveled to Madison, Wisconsin to participate in ABATE’s lobby day. The purpose of the lobby effort was to enlist support for SB528, the Roadway Users Responsibility Act.
Although there are eighteen sections to this bill, most notably the bill imposes stricter penalties for right of way violations and also allows motorcyclists to proceed through a red light at sensor actuated stop lights. The bill was introduced by Senator Dave Zien and co-sponsored by Representative Don Pridemore.
Attorney Hupy and Sanfelipo are Life Members of ABATE of Wisconsin, and joined other ABATE members in speaking to a large contingency of lawmakers. The group, coordinated by ABATE’s Legislative Director, Dave Dwyer, had interesting and informative talks with both Senators and Representatives and even persuaded several more to sign on as co-sponsors of the bill. ABATE of Wisconsin Executive Director, Ed Williams, called the day a success and appreciated everyone’s efforts.
Press Release:
Vicki Sanfelipo founded Accident Scene Management, Inc, in 1996, with the help of the Hupy Law Firm (the firm provides financial support as well as attorneys to lecture on insurance needs). To date, over 6,000 people have been trained on what to do at the scene of an accident until professional help arrives.
Tony & Vicki Sanfelipo, of Accident Scene Management, Inc., were invited to accompany Innocorp to Washington D.C. Nov. 21-22, 2005 to meet with Marietta Bowen, the head of NHTSA's motorcycle safety division.
Innocorp, maker of fatal vision glasses, received a grant from NHTSA to study, implement, and evaluate how to influence motorcyclists not to drink alcohol and ride their motorcycles. Mike Aguilar, president of Innocorp, recognizes the significant work that Tony & Vicki are doing to reduce injuries and fatalities to motorcyclists and requested their presence at this meeting.
Also attending will be Ron Thompson (WisDOT MSF), Herb Delehanty & Cheryl Wittke (sub-grantees), and Randy Wiesinger (law enforcement officer and instructor).
ABATE of Wisconsin and Hupy and Abraham, S.C. Join Forces to Benefit ASMI
Accident Scene Management, Inc. (ASMI) is a 501 (c) (3) corporation which teaches motorcyclists what to do at the scene of an accident. Founded in 1996 by Vicki Roberts-Sanfelipo, ASMI now has instructors in 14 states and has taught nearly 7,000 people.
This achievement would not have been possible without the wonderful and generous support of many who believed in the importance of such classes. In honor of this overwhelming support, an awards banquet was held at Capitol City Harley-Davidson in Madison, Wisconsin. Besides the banquet and awards presentation, the evening’s events included a preview of this year’s fund raising events for ASMI, as well as information on Scott Walker’s Executive Ride. These are some of the best organized rides ever put together. You can check out the Women in Motion Ride and the Tommy Thompson Reunion Ride at www.accidentscene.org and you can find information on Scott Walker’s ride at www.Milwaukee.gov.
On January 28, 2006, ASMI Director Vicki Roberts-Sanfelipo recognized the top three financial supporters of the program. Miller Brewing donated $3,500.00 and received the Associates Award; ABATE of Wisconsin donated $5,500.00 and received the Bronze Award; Hupy and Abraham, S.C. donated $25,000 and received the Silver Award. Hupy and Abraham will certainly be the first recipient of the Gold Award in 2006, which is a donation over $25,000. In addition to donations at the Silver level, Hupy and Abraham also has paid $10.00 of the registration fee of nearly every student in Wisconsin, Illinois, Iowa, Michigan and Minnesota since the inception of the program.
New Leadership at A.B.A.T.E of Illinois
Exclusively at Hupy.com
The state coordinator of A.B.A.T.E. of Illinois for the last several years has left under a cloud. We hope this is a turning point for this great organization. We have long been urging the membership of A.B.A.T.E. of Illinois not to allow the state coordinator to put personal agendas and the business interests of an Indiana law firm before the interests of eleven thousand members.
While the former state director was in office chapters and members were threatened with loss of membership, information important to members was censored and A.B.A.T.E. of Illinois continued an agreement giving an out of state law firm a monopoly on advertising in the state newsletter. This, despite the fact that members of A.B.A.T.E. of Illinois were referred to an Illinois attorney with a third rate rating with Martindale- Hubbell. Various members have demanded to see the agreement but no one has seen it yet.
The former state director took cheap shots at members and chapter leaders in the state newsletter. Attempts to respond to defamatory statements were ignored despite his claimed open door policy.
Part of the mission statement of A.B.A.T.E. of Illinois is to promote unity through involvement. We look forward to working with the new leadership to put the interests of eleven thousand members first.
This is a victory for those chapters and members who stood up to these divisive tactics. Our firm is proud that we never waivered in our support of what is right.
MRF Young Activists Scholarship a Success
Scholarship committee chairman, Miles France, acknowledged in the MRF Reports publication that the scholarship program doubled in 2005 and allowed two recipients to attend the Meeting of the Minds in Little Rock Arkansas. The scholarship program was created to provide training and mentoring of young “future” activists, teaching them to step forward and answer the challenges that face tomorrow’s motorcyclists.
The MRF thanked Attorney Michael Hupy for his donation of $1,000, which enabled Jennifer Lynn Basden of ABATE of South Carolina, and Robert Cuthbertson of ABATE of California to join last year’s winner, Crystal Maney, in working for our rights in the future. We all hope that 2006 will see more candidates apply for the scholarship.
California BOLT Director Has Last Farewell...Defeats the California Mandatory Helmet Law (sort of)
Hupy investigator, Tony "Pan" Sanfelipo, and
Richard Quigley ride down Freedom Boulevard in Watsonville, California,
without helmets in protest of the California mandatory helmet law.
Richard Quigley speaks to guests at his "living wake" in
Watsonville, California, November 12, 2005.
Long time freedom fighter for biker's rights and fierce Constitutional advocate Richard Quigley is dying. He has been diagnosed with lymphoma. Always one for unique approaches to life's challenges, Quigley planned his own wake, and attended along with his guests.
Quigley's final farewell was an emotional ride, to say the least. It's quite unusual to have a wake with the principal party alert and greeting guests. Quig wouldn't have had it any other way. He really did want to know who would show up, and the result even surprised him.
Attracted to the philosophy of BOLT, an organization founded in 1990 by Tony "Pan" Sanfelipo, Hupy Law Firm investigator, Quigley contacted Pan fourteen years ago and discussed the mandatory helmet law in California. Tony Pan was a chief organizer of the Wisconsin Freedom Rallies, and his boss, Attorney Michael Hupy, invited Quigley to attend an upcoming rally in 1992. Hupy also invited Steve "Red" Barron of ABATE of California, Local 6, and several other California activists. The crowd at the rally, in excess of 30,000 riders, energized the group and they were eager to return to California and get to work on a repeal measure. Since then, Quigley has been on the ride of his life, testing the mandatory helmet law in courts throughout California and in Nevada. Nothing slowed his enthusiasm until his health started to fail. Faced with the inevitable, Quigley started making arrangements for his wake and calling on friends to wish him luck on his next adventure, wherever and whatever that might be.
Tony Pan traveled to Aptos, California on November 11, 2005, to join over 200 people from all walks of life who were there to honor and tell Quig how much they admired him. But then, who is this ZZ Top - bearded guy with the freedom fighter T-shirt that proclaims, “I was not born to be forced"? Born on Christmas Day, 1943, Quig has had many accomplishments and a few disappointments in his life. Among the wins, he successfully defeated the mandatory helmet law in California, sort of. You see, they will not issue him a ticket anymore around Aptos or Watsonville. Tony Pan wasn't completely in belief of this statement until he rode with Quig on November 12, 2005, with nothing more than his BOLT hat on. They cruised down Freedom Boulevard (how appropriate) past squad car after squad car, and even a couple of CHP patrol units. The deputies just smiled and nodded, as if to say, “there's no way we're going to fall into the quagmire surrounding a Quigley helmet ticket."
Quigley is currently involved in a lawsuit in the Superior Court of California, in and for Santa Cruz County. Although seemingly complicated, it is simplistic in its goal, that being to have the CHP sign-off on helmet tickets as fix-it tickets. They refused, even though it's in the vehicle code, and then came Quig.
Among his disappointments, the greatest is that the motorcycle right's community hasn't embraced his philosophy of civil disobedience. That’s too bad. If everyone in California refused to obey the mandatory helmet law, it would probably be unenforceable state-wide, not just in Aptos.
Quigley is the California Director of BOLT (Bikers of Lesser Tolerance). He was appointed to that position by Tony Pan in 1992, and has never looked back or faltered on the group's motto, "Compromise is not in our vocabulary." He was unsuccessful in a bid for Congress in 1993, and also missed as a write-in candidate for Santa Cruz County Sheriff in 1994, although he ultimately won a law suit against then sheriff, Mark Tracy, for violating his freedom of speech.
Although government officials, prosecuting attorneys and certain law enforcement officers have not been able to silence Quig over the years, the gathering at his living wake did bring pause to this staunch defender of the Constitution. But not for long. His body may be tired due to the ravages of lymphoma, but his mind, sense of humor and sarcastic wit are as sharp as ever. Literally, Quigley is a dying breed. He has taught bikers how to be free and lawyers how to argue cases. He has taught prosecutors and police to give him a wide berth. But most of all, as Quig puts it, “I hope if anybody has gained anything from me, it's the value of life," he told a San Jose Sentinel reporter. And even though Quigley rides a Harley-Davidson motorcycle, he doesn't admit it. "People put too much value or social status on your bike." As he explained, "The wind doesn't care what you're riding." Such is the simple logic of Quigley. He gets much more complicated when it comes to things that matter, like basic human rights and freedoms.
Los Angeles based Reason magazine, November 2005, published an enlightening article by Jacob Sullum, entitled, Freedom Riders…how motorcyclists won the right to feel the wind in their hair-and why drivers still have to buckle up.
Central to the article was Richard Quigley and his fanatical approach to fighting unjust laws. So impressed was Sullum of Quigley, that he penned the phenomenon of the success of the grass roots motorcycle lobby "the Quigley Factor."
Tony Pan read the article, and brought complimentary T-shirts to Quigley's wake emblazoned with "the Quigley Factor" and the BOLT logo over the breast. Below the logo, WWQD (what would Quigley Do). Tony Pan hopes that future freedom fighters ask that question as they go into battle with the forces of suppression.
Hupy Law Firm Recognized For Supporting Motorcycle Safety
Attorney Chad Kreblin, left, accepts certificate of appreciation for Hupy Law Firm from Cheryl Witke, Director of Safe Communities Coalition of Madison and Dane County, and Ron Thompson, Program Manager of Motorcycle Safety, Wisconsin DOT.
The Hupy Law Firm was recognized at a Motorcycle Safety Summit in Lake Mills, Wisconsin on September 28, 2005. The safety summit was a collaboration of three county Safe Communities Coalitions, and a group of stake holders in motorcycle safety, including the insurance industry, law enforcement, right's organizations, MSF safe rider instructors and community leaders.
The Hupy Law Firm sponsored an alcohol awareness public service commercial, aired on Charter Cable programs in Dane and Jefferson Counties. The 30-second spot featured Hupy accident investigator, Tony "Pan" Sanfelipo urging bikers not to drink and ride. The spot received critical acclaim from the Coalition members, DOT and law enforcement, and reached 170,600 households over the contract period of May through August, 2005.
Also recognized for motorcycle safety commercials were Bob Oyler and Capitol City Harley-Davidson, and Art Mischler and Mischler Harley-Davidson-BMW-Buell, of Beaver Dam.
County Executive Chooses Hupy Employee
Milwaukee County Executive, Scott Walker, decided to borrow from the tradition of former governor Tommy Thompson. Walker wanted to promote Milwaukee County and the many attractions throughout the year. Like Thompson before him, he decided to accomplish this from the saddle of a Harley-Davidson motorcycle.
Planning such a ride requires experienced road guards, and the County Executive called on Michael F. Hupy & Associates, S.C. employee, Tony "Pan" Sanfelipo. The County Executive received a Biker News brief from Michael Hupy, which included an event listing of Walker's upcoming ride, billed the "Brag About Tour." After reading the news brief, Walker called the Harley-Davidson Motor Company for advice, and they too recommended Tony Sanfelipo as the Road Captain. The choice was easy after that.
Tony has been the Head Road Captain for all ten of the Tommy Thompson's "Governor's Cycle Tours." Along with his Road Captain experience, he is also a licensed Emergency Medical Technician in the state of Wisconsin. Tony asked his wife, Vicki, to ride along and help. Vicki is a surgical nurse, EMT and Road Captain for the "Women in Motion Ride," another popular ride in Wisconsin.
The "Brag About Tour" traveled across Wisconsin, into Minneapolis, Minnesota, and then down to Rockford, Illinois. The stops along the way were promotional events touting the many things to do and see in Milwaukee County. Most of the press conference stops took place at Harley-Davidson dealerships, including House of Harley-Davidson, Milwaukee; Appleton Harley-Davidson, Wausau Harley-Davidson, Mosinee; Sport Harley-Davidson, Chippewa Falls; St. Paul Harley-Davidson, Minnesota; Kegel Motorcycle Company, Rockford, Illinois; and Capitol Harley-Davidson, Madison, Wisconsin.
It was a wonderful ride promoting Milwaukee County, and what better way to encourage tourism than from the seat of a Wisconsin made Harley-Davidson motorcycle.
Bikernet.com's Charity Ride to Sturgis, August 3rd
Keith Ball is organizing a charity ride to Sturgis under the auspices of his motorcycle web page, Bikernet.com and the magazines he is affiliated with. Better known as “Bandit”, Keith Ball has a long and storied career in motorcycling. From his early beginnings at Easyriders Magazine, he has continued to live his love for motorcycles through his books, magazines and web site.
As a guest of Attorney Michael Hupy, he traveled to Wisconsin in the mid- ‘90s to attend a Freedom Rally in Madison, home of the largest helmet rally in the world in 1977 (50,000 helmet-less riders). Senator Ben “Nighthorse” Campbell and U.S. Senator Russ Feingold also attended at Attorney Hupy’s invitation. Mike and Bandit have known each other for many years and have mutual respect for each other.
2005 marks the third annual HOT BIKE, Bikernet.com, Street Chopper and Bike Works Charity Ride to Sturgis. The charity efforts are to support the Crazy Horse Monument in the Black Hills. Hupy accident investigator, Tony “Pan” Sanfelipo and his wife, Vicki, were married on top of the arm of Crazy Horse monument in 2002, the only people ever married on the mountain. Then Secretary of Health and Human Services and former Wisconsin Governor, Tommy G. Thompson, walked Vicki down the aisle for her wedding to Tony.
Leaving Phoenix on Wednesday, the 3rd of August, the ride continues on to Durango, Colorado for the night. Then it's on to Aspen, Cheyenne and finally Deadwood. But not before a blowout party at the Full Throttle Saloon in Sturgis.
It's a chance to ride with the staffs of all three magazines and the girls of Bikernet to Sturgis. To get hooked up you need to contact Joerlene, Bandit’s travel agent, and line up hotels. She will have rooms booked from Phoenix to Cheyenne and if you're not hooked up in Sturgis, she'll try to help. Her email address is - carefreetours@hawaii.rr.com. Sturgis 2005 runs from August 8-14th.
Barnyard Boogie, August 19-21st
The Northern Chapter of A.B.A.T.E. Of Illinois is hosting their annual Barnyard Boogie and Poker Run at Hidden Lake Stables, ½ mile west of Sheridan Road or 5 miles east of I-94 at Russell Road exit. The Hupy Law Firm is a major financial sponsor of this event. Vendors, raffles, live music, free camping, food and drink, bike show, poker run and motorcycle rodeo round out this weekend of fun. Attorney Michael Hupy has accepted an invitation to speak at the Barnyard Boogie again this year.
Buck Kittredge Memorial Ride, September 3rd
In memory of Buck Kittredge's dedication to motorcycle safety, the Buck Kittredge Memorial Ride is scheduled for September 3, 2005. In honor of Buck's devotion to motorcycling and motorcycle safety, Michael F. Hupy & Associates Law Firm has donated $250.00 to the
ride. The ride leaves the Little River Inn in Lena at noon.
Milwaukee Rally, July 28-31st "Official Sponsor"
Once again, the Hupy Law Firm is the “official law firm sponsor” of this event, as it has been for every Milwaukee Rally. Located at State Fair Park in West Allis, on the
Milwaukee Mile track, the Harley-Davidson Dealers of Metro Milwaukee are hosting another fabulous event, geared toward the Harley enthusiast, but all brands and riders are welcome. There are so many things scheduled for this event that you must go to the Milwaukee Rally web site to get all the information. www.milwaukeerally.com
Women in Motion Ride, July 22-24th
The Women in Motion Ride has become one of the premier rides in Wisconsin. This is the major fundraiser for Accident Scene Management, and has over 200 hundred riders participating each year. The Hupy Law Firm is the largest financial sponsor of Accident Scene Management, and naturally assists in this event as well. The Hupy Law Firm provides the Road Guard shirts for the “all female” road guard team, as well as sponsoring the official ride T-shirt for the participants. The firm also sponsors Tony “Pan” Sanfelipo to attend to provide medical support for the ride and coordinate other medical personnel. Tony is a licensed EMT in Wisconsin. For more info: www.accidentscene.net
ABATE of Wisconsin Summer Hummer, June 17-19
ABATE of Wisconsin’s State Party is being held on ABATE’s newly occupied land in Greenwood, Wisconsin. The Hupy Law Firm supports ABATE and its efforts to promote freedom of the road and safety and education initiatives by making a financial donation to the Summer Hummer. Plenty of vendors, music and food to keep you entertained and well nourished, plus bike games, raffles and announcement of the 2004-05 statewide poker run winners. By attending this party, you are supporting ABATE of Wisconsin in its efforts to fight, repeal or amend anti-motorcycling legislation. Come out and have a wonderful time and help assure the future of freedom of the road in Wisconsin.
“The North 80” is just south of Thorp, Wisconsin. See www.abatewis.org for more information.
Governor Tommy G. Thompson’s Reunion Ride, June 17-21st
Governor Tommy G. Thompson, former Secretary of Health and Human Services, returns for the 11th Annual Governor’s Reunion Ride. Hupy Law Firm has helped sponsor this event from the beginning by providing the road captain shirts and allowing their motorcycle accident investigator, Tony “Pan” Sanfelipo, to act as Head Road Captain for all of the rides.
Scott Walker’s Executive Ride, June 25-30th
Milwaukee County Executive Scott Walker is taking off on his 2nd Annual Executive Ride to promote Milwaukee County and its many attractions. He will be promoting Summerfest, as well as many other attractions the county offers like the zoo, museum and art centers. The Hupy Law Firm is sponsoring Tony “Pan” Sanfelipo and his wife, Vicki Sanfelipo, founder of Accident Scene Management, to act as Road Captains and medical support for the ride again this year, at Walker’s request.
South Suburban Chapter of A.B.A.T.E. of Illinois, 19th Annual Helmet Roast, July 8 – 10th
The Hupy Law Firm has made a $1,000 donation to allow the first 50 attendees to gain free admission.
Gate opens at 11:00 am and the party starts at Noon! Tickets are $20 in advance and $25 at the door. Glenwood RV Resort, 551 Wilson Street, Marseilles, Illinois. For more information, contact Grump at (773) 581-4838 or visit www.ssabate.org.
Attorney Hupy has been a member of South Suburban Chapter of A.B.A.T.E. of Illinois for the past 10 years.
June Bug Jam, June 11th
Pro & Street bike sled pull, ride in bike show, food, vendors and music. This is a huge event attended by thousands, hosted by Embarras Valley Chapter of A.B.A.T.E. of Illinois, Inc. The Hupy Law Firm is paying for first 25 people attending this event at Proud Marys, Rt. 36, Tuscola, Illinois.
The Hupy Law Firm is a financial sponsor or supporter of the following upcoming events:
Road Runners MC Original Bike Blessing, May 1st
Milwaukee area’s largest bike blessing. Located in Oak Creek, this is the original bike blessing attended by thousands of area bikers. Food, refreshments, vendors, music, and of course clergymen to bless your bike. Hupy Law Firm has been proud to help sponsor this wonderful event for many years.
MDA’s Black-n-Blue Ball, May 13th
This is the largest event of its kind in the country to benefit the Muscular Dystrophy Association. It is also the most prestigious biker event in Milwaukee, home of the Harley-Davidson Motor Company. Not only does this event celebrate the passion for riding a motorcycle, it underlines Harley-Davidson’s commitment to continue supporting its chosen charity. The Harley-Davidson family of dealers, suppliers, customers and employees has raised over $50 million as 2005 marks the 25th anniversary of Harley’s support of MDA.
The Hupy Law Firm has purchased a corporate table again this year and among those sitting at our corporate table will be members of ABATE of Wisconsin, A.B.A.T.E. OF Illinois, Illinois Motorcyclist's Rights Association (I.M.R.A.) and the MRF. They will enjoy the evening’s festivities, highlighted by a live auction with 17 items, the last being a 2005 Softail Deluxe. In addition, the Hupy Law Firm has provided gift items for the gift packages each attendee will receive at the door.
This premiere event will be attended by the “who’s who” of the motorcycle community who share a love for the open road and a dedication to finding a cure for neuromuscular disease.
***UPDATE***
A.B.A.T.E. of Louisiana Decides To End Relief Efforts
The Hupy Law Firm received information that the relief effort in Louisiana by A.B.A.T.E. of Louisiana has ended. James “Poet” Sisco explained that the federal government has finally started helping those in need and the job market has reopened, putting people back to work and enabling them to earn a living.
Our law firm was happy to step forward in developing a matching funds program for Louisiana bikers and we are currently looking into a possible similar program to help bikers in need in Florida and Mississippi.
At this time, A.B.A.T.E. of Louisiana wants to thank all those who have helped them and to redirect efforts and donations to those in need in Florida.
Please Help ABATE of Louisiana Members
ABATE of LOUISIANA URGENT PRESS RELEASE www.abateoflouisiana.org
From ABATE of Louisiana Inc. State Executive President James "Poet" Sisco
ABATE of Louisiana Inc. is taking the lead in assisting the motorcycling community here in Louisiana now that we are back up and running. We are asking for cash donations to assist motorcyclists who have been displaced or require other help. We will disburse these donations on a case-by-case basis according to the greatest need and what assistance is available to the individual at the time.
We will only take credit where credit is due, of course, and all donations from other State Motorcyclists' Rights Organizations and individuals will be credited to them on our website on the supporters' page. None of the donations will be kept by our organization. We will disburse every penny received to those that are deemed truly needy.
All donations should be mailed to our corporate mailing address so the State Treasurer can track the donations and facilitate the disbursements as directed by ABATE of Louisiana's Executive State Board.
The corporate address is: P.O. Box 541 St. Amant, LA 70774.
Points of contacts for this relief effort are:
State Executive President - James "Poet" Sisco 1-800-393-5966 abatepoet@aol.com
State Executive Treasurer - Barb Sikes 1-800-268-5416 barb1106@yahoo.com
The Most Recognizable Names In Biker's Rights In Wisconsin Lobby For New Law
ABATE of Wisconsin called for its members to come to Madison to lobby for specific motorcycle issues on the legislative agenda. Dozens of members and officers gathered on April 6, 2005, to discuss strategies on presenting their concerns to lawmakers. The group also had an opportunity to meet and talk to ABATE’s newest Public Relations Officer, David “Chubby” Charlebois.
Among the group was the cream of the crop in biker’s rights in Wisconsin. These individuals have a very long track record of being at the forefront when it comes to fighting for rights, safety and education. Kirk "Hardtail" Willard is the Deputy Director of ABATE of Wisconsin and the Vice-President of the MRF. He worked closely with Dave Dwyer, ABATE of Wisconsin's Legislative Director, who is also an MRF Supporting SMRO Board Member. ABATE of Wisconsin Executive Director, Ed Williams, reviewed the proposed language of a bill ABATE is seeking to have drafted, aptly named the Roadway Users Responsibility Act. The lead sponsor of the bill will probably be Senator Dave Zien, nationally known biker and Iron Butt competitor.
Senator Zien held a strategy meeting in his office in Madison, Wisconsin, attended by Hardtail, Dwyer, and two other well-known members of the biker’s rights elite. Attorney Mike Hupy gave his insight on some of the legal aspects of the bill language, as well as speaking to many legislators and their staffs during the day’s lobby effort. Hupy was an integral part of the team that successfully overturned a Wisconsin Supreme Court decision on injured bikers who were not wearing a helmet. Also attending was ABATE of Wisconsin Founder, Tony “Pan” Sanfelipo. As a motorcycle accident investigator for the Hupy Law Firm, Pan deals with victims of Right of Way Violations every day.
The Roadway Users Responsibility Act covers certain initiatives ABATE wants considered, including; allowing motorcycles to proceed with caution through a red light when sensors do not detect the motorcycle; review current right of way violations and consider increased penalties if severe injury or death results from the violation of the motorcyclist's right of way.
Currently, Georgia and Minnesota are also considering changes in penalties for right of way violations.
Northern Illinois A.B.A.T.E. President Wrongfully Accused, Assaulted by Police, Files Lawsuit
Paula White was delivering mail for the United States Postal Service on July 18, 2002, when she received a startling phone call. It was the Pleasant Prairie Police Department, who informed her that something terrible had happened at her horse farm and that she should return there immediately. Extremely concerned, Paula started driving home, as she worried about how her mail would get delivered that day, and more importantly, whether something tragic had happened to her husband David “Spock” White, who was working on the farm.
Upon arriving at the farm, Paula was met by a captain from the Pleasant Prairie Police, who refused to give her information and instructed her to wait by her vehicle. Paula, concerned for her husband, started walking toward her house, when the captain grabbed her by the back of the shirt, and kicked at the back of her knees. Paula fell to the ground, hitting her knees. The captain then put his knee in the back of Paula’s neck as he held her arms behind her back.
Paula found out some time later that she had been accused of stealing a horse trailer from another Pleasant Prairie resident. The next two years were difficult ones for Paula. As a result of the assault by the Pleasant Prairie Police, she sustained a fractured neck, and knee injuries, which required surgery. To add insult to injury, Paula faced a lengthy court battle to prove her innocence. In February 2004, a judge found her not guilty, and dismissed the case. However, Paula is reminded of the assault on a daily basis, which caused permanent injuries, and required her to quit working for the postal service.
Paula has now enlisted the services of Michael F. Hupy & Associates, S.C. to fight back. The firm has filed a federal lawsuit against the Pleasant Prairie Police Department for their excessive force against Paula. Attorney Michael F. Hupy said, “I believed Paula from day one.” The trailer Paula was accused of stealing has now been found, and the woman who accused her of theft has been charged herself with filing a false insurance claim.
Free Videos on Police Encounters Now Available
Because bikers are often the target of police stops and interrogation, we have purchased a number of videos dealing with this subject and are making them available to the biking community. Quantities are limited.
Retired ACLU Executive Director Ira Glasser narrates the 45-minute video, on DVD only. For more information you can visit Flex Your Rights Foundation's web site at www.flexyourrights.org
It is a great learning guide on how you can courteously exert your rights under the Constitution, which are enumerated on the back of our Sturgis Calendar, also available free.
Contact our office by calling 1-800-800-5678 and ask for Tony to order your free DVD and Sturgis Calendar-Rights Card.
BIKERNET RUN TO STURGIS--
Reprinted from Bikernet.com
Written by Keith Ball
I'll give you a brief rundown: The charity efforts are to support the Crazy Horse Monument in the Black Hills. We leave from Phoenix on Wednesday the 3rd of August and ride along warm twisting highways, ducking interstates wherever possible to Durango, Colorado for the night. Then it's up Thursday morn and down the terrific mountain roads into Aspen, Colorado for the night. Both these towns are knockouts for terrific restaurants and nightlife. Friday morning we cut a dusty trail north again into Cheyenne and we're almost home. Saturday we meander up killer roads into the Badlands and Deadwood, but we won't stop until we reach the Full Throttle Saloon for our first party of the Rally.
Each day will cover 250-300 miles so we'll roll into town in time to hang out by the pool, hit the gym, shop in town then have a killer meal.
Here's the latest: Master Builder Harold Ponteralli, Barry Wardlow of Accurate Engineering, Bandit, Rogue the writer, are riding alone. Guys are flying in from Hawaii and moto-journalists from Australia. On the final day we'll meet up with the Hamster Ride in Wyoming for lunch before the final blast into the Badlands. Just today we found that a national non-motorcycle mag will be covering the ride and the celebrity ride to the Crazy Horse Monument during the rally with Branscomb Richmond. We may even have a film crew along for the Sturgis Run. We've already collected a check for $250 from Biker Attorney and Bikernet Sponsor Mike Hupy, Thanks Mike. Let's ride.
That's it, you cover the hotels and your expenses, we make all the arrangements and you make a donation to Crazyhorse.
To get hooked up you need to contact Joerlene, our travel agent and line up hotels. She will have rooms booked from Phoenix to Cheyenne and if you're not hooked up in Sturgis, she'll try to help. Her contact info is:
--Joerline
(808) 638-8550
fax 808- 638-0171
email - carefreetours@hawaii.rr.com
Hupy Law Firm to Donate $26,000 to Promote Bikers' Rights in Wisconsin and Illinois
Because of our success representing motorcycle clients this year (Bikers Down Founder got almost $1 million, two other clients received about $500,000 each, just to name three) our law firm is going to give back to the motorcycling community by donating $26,000 over two years.
$10,000 will go to ABATE of Wisconsin, $10,000 will go to the Illinois Motorcyclists Rights Association, $1,000 will go to the Motorcycle Riders Foundation (MRF), and $5,000 will go to the local chapters of A.B.A.T.E. of Illinois. The money going to ABATE organizations will be in the form of advertisements, sponsorship of events and donations to individuals in need.
1-800-CYCLE AND INTERNET SCHEME TARGETS INJURED BIKERS
You May Not Be Talking To A Real Law Office
It has recently been brought to our attention that what appears to be a marketing scheme by a referral service is using a number that begins with 1-800-CYCLE to solicit motorcycle accident cases.
They don’t spell the word “specialize” correctly in at least one place on their website but they claim to specialize in motorcycle accident cases. This is aside from the fact that only lawyers who are certified as specialists can claim they are such and even certified lawyers aren’t allowed to use this designation in Illinois without a disclaimer. In addition, they claim to have offices from New York to California but all of the phone numbers and fax numbers are the same.
Any television advertisement that you see for our law firm will contain the law firm’s name and a telephone number that is answered in our office.
When a caller dialed the number on television for 1-800-CYCLE, the person answering the phone said “Law Office” but refused to give the name of the law firm! We suspect this is not a law firm at all but a referral service that fields calls and sends cases to lawyers who pay a fee to get referrals. When you call this number you do not know what qualifications an attorney you are put in contact with might have or even if they have ever handled a motorcycle accident case.
Don’t be fooled by misleading advertising for motorcycle accident cases. The Hupy Law Firm has successfully handled well over 1,000 cases for injured bikers and we have a staff that has been dedicated to bikers’ rights for decades.
Don’t be fooled by imitators.
INSURANCE FOR BIKERS VIDEO NOW AVAILABLE.....FREE
Our law firm has produced a 38-minute video in VHS and DVD format explaining what insurance bikers need to protect them in case of a serious accident.
This is the same presentation given during the legal portion of the Accident Scene Management course. We are providing this video free as our firm’s ongoing commitment to the biking community.
Please request your free video from our Milwaukee office:
Michael F. Hupy & Associates S.C.
100 E. Wisconsin Avenue, Suite 1110
Milwaukee, WI 53202
Bikers Being Targeted In Wisconsin and Central Illinois
Lawyer released From Prison, Law License Suspension Recommended
Hausmann-McNally Law Firm Senior partner, Charles J. Hausmann, with offices in Milwaukee, Appleton and Madison, Wisconsin and Decatur, Peoria and Rockford, Illinois, was released from federal prison in January of 2004. He was sentenced by the Federal Court and served sixty days for an illegal and concealed kickback scheme that betrayed the trust and confidence of his clients.
The Office of Lawyer Regulation has prosecuted Hausmann for ethical violations and, in February 2005, a Supreme Court appointed referee recommended a one-year suspension of his license to practice law.
In the almost three and a half years since Hausmann was indicted in Federal court on multiple charges, his law firm has never stopped sending unsuspecting motorcyclists injured in Wisconsin and Illinois a brochure telling them 51 times to “hire a lawyer they can really trust.”
Milwaukee Police Chief Fails to Heed Warning About Rogue Cops:
Is there a connection with the Frank Jude case?
Milwaukee is home to Harley-Davidson, and bikers from around the world are welcomed here during events celebrating the motor company’s longevity and dominance in the heavyweight motorcycle market. Not everyone is welcome though. Long after the world travelers return home with tales of how warm and hospitable the city is, local bikers sometimes feel a colder reception, especially club members. That’s exactly what happened to several members of the Outlaws Milwaukee MC. One member in particular was targeted for exceptional harassment to the point of being dismissed from his job because of pressure put on his employer by an investigator in the District Attorney’s office. That prompted a call to Attorney Michael Hupy, who in turn wrote letters to the mayor and police chief on December 11, 2003, complaining about the conduct of several police officers and the investigator.
Those complaints were met with an attitude of complacency. Misconduct on the part of the officers continued, including threats of physical harm, with more complaints voiced to the police and district attorneys office. It wasn’t until the rogue investigator assaulted a Deputy Sheriff that action was taken. You can read more about this on the Hupy web site at hupy.com, click on biker news, and scroll down to the related story.
Just over a year after Mike Hupy’s letters of concern, the police are embroiled in another controversy. Frank Jude Jr. was severely beaten by a group of off duty Milwaukee police officers. Had the chief and mayor heeded Mr. Hupy’s letters, could this travesty been avoided? We’ll never know if a policy change or disciplinary actions might have prevented this latest mark on the city. What we do know is that Attorney Hupy recognized a deep-rooted problem that needed immediate attention and he notified the proper authorities.
You can read all about the Frank Jude beating on the Milwaukee Journal-Sentinel web site: www.jsonline.com/news/metro/feb05/299468.asp
Editor’s Note: Milwaukee Police Chief Responds: Milwaukee Police Chief, Nanette Haggerty, has noted the concerns of bikers. On March 21, 2005, I wrote her a letter telling her that after she apparently did nothing to stop illegal activities on the part of member of the Milwaukee Police Department in response to my letter of December 11, 2003, members of the department continue to engage in inappropriate conduct.
She responded on March 29, 2005, and her letter follows.
PSA's (public service announcements) "Don't Drink and Ride"
Last year, Hupy Law Firm sponsored alcohol awareness public service announcements. The message was aired on cable network channels in Dane and Jefferson Counties, Wisconsin. Hupy Law Firm accident investigator, Tony Pan Sanfelipo is a member of the Jefferson County Motorcycle Crash Prevention Committee. He is featured in the PSA and the message is, "Don't drink and ride." The spot was so popular that the committee chose to air it again this year, and the Hupy Law Firm not only is sponsoring the clip for the months of July and August, but also bought additional airtime for May and June, because the message is so strong and so important. The service message will air during most of the major riding season in Wisconsin. The message will reach out to over 270,000 households in the two counties over a four-month period.
New Danger to Bikers
$5,000 Reward Offered By Hupy Law Firm
It's something that could be as devastating to a motorcyclist as a sniper with a high-powered rifle - kitchen-variety plastic wrap. On Tuesday, July 13, 2004, Daniel Buckel and his girlfriend, Theresa Brzycky, were injured by it on Guthrie Road in Waukesha County as they traveled the dark and foggy, rural road.
Somebody had stretched a barrier of plastic wrap, wound tightly from traffic pole to traffic pole on opposite sides of the road. Buckel did not see the potential death trap until he was ten feet from it.
"It's appalling, and it's really frightening," Brzycky said. Buckel was driving 5 miles an hour under the 45 mph speed limit because deer had been seen along the road, and there was a slight haze.
Buckel announced that he would pay a $1,000 reward for information leading to the conviction of the person or persons responsible. However, Attorneys Michael F. Hupy and Jason F. Abraham were so appalled by the incident and were so concerned about ensuring that this does not occur again, that our law firm has offered a $5,000 reward in place of that offered by Buckel.
Anyone having information about this crime should contact the Waukesha County Sheriff's Detective Bureau at (262) 548-8156. Michael F. Hupy & Associates, S.C. has offered the reward to be paid to the first individual to provide information to law enforcement officials leading to the conviction of the person or persons responsible.
Simon Milward's amazing adventure ends, or maybe it just took a celestial detour
News came to us that Simon Milward died on March 4, 2005, due to a road accident while traveling through Africa.
Simon Milward left his home of Exeter, in southwest England, on January 1, 2000, to fulfill his dream of riding his motorcycle around the world. This was his amazing adventure. But it wasn't a young man searching for an escape from the mundane or facing a mid-life crisis. This was a man on a mission. His mission was to raise money for two international charities, Health for All and Doctors Without Borders. Health for All delivers medical aid to remote places in Asia, and Doctors Without Borders does the same worldwide. What's unique is that they utilize motorcycles to reach these far places with essential medical supplies and medicines
Simon began his motorcycle odyssey when he was the General Secretary of the Federation of European Motorcyclists Association (FEMA) from 1992-99. In that capacity, he lobbied for reasonable regulations in Europe on behalf of a half-million riders. Simon later joked, "Spending seven years with politicians and bureaucrats is enough to drive anyone around the world." In 1998, Simon was in a motorcycle accident in Brussels, Belgium. He never forgot how the doctors worked to save his life and wanted to do something to repay them. Simon never did anything in a small way. He decided that his debt would have to be repaid on a worldwide scale.
He left his work with FEMA behind, took his life savings and began his amazing adventure. As special as Simon and his mission were, so was his bike. It was a handmade motorcycle with an Austrian 600cc single cylinder engine. It had an Italian 11.5 gallon gas tank and parts from eight other countries to start, with many additions and donations along this 5-year trip. Besides the generous donations to the two charities, Simon was able to appropriate motorcycles for use to reach the villages in need.
In order to educate prospective donors in an entertaining way, Milward presented a PowerPoint program of his virtual world tour in order to secure donations for this cause. This wonderful program allowed viewers to share Simon's experiences on the road, which included visiting the smuggler's market on the Pakistan-Afghan border, two civil wars in Southeast Asia, an audience with the Dali Lama and his near drowning in Siberia. The vibrant colors and views made one feel they were right there along side him on this journey.
In August, 2002, Simon visited Wisconsin, staying at the home of ABATE of Wisconsin member Karen Aigamaua of Muskego. There, he presented his PowerPoint presentation once again for a group of ABATE members, including founder, Tony "Pan" Sanfelipo, and Waukesha Regional Rep. "Big Roy" Bergsholm. While in the Milwaukee area, Tony "Pan" accompanied Simon to the Harley-Davidson Corporate offices on Juneau Avenue.
Simon Milward and Tony Pan,
Sturgis, South Dakota, 2002
After meeting with company executives, Pan took pictures of Simon, posed on his one-of-a-kind motorcycle, in front of the famous company entrance. Pan also rode with Simon in South Dakota and attended the PowerPoint presentation yet again, this time at the Sturgis Chamber of Commerce.
Never forgetting his roots, Simon was ever vigilant of the impact of globalization on motorcycling. Borrowing on his experience as General Secretary of FEMA, he made observations of the restrictions on motorcycling from one country to another and never missed an opportunity to speak to authorities and motorcycle groups. In Malaysia, Viet Nam and the Philippines, he learned of restrictions and access problems. He spoke to industry leaders in Japan about noise restrictions and decibel levels. He spoke to bike club members about bans on travel, all the while promoting his humanitarian cause for Health for All and Doctors Without Borders.
The medical community as well as the motorcycle community worldwide lost a true champion. A hero among men, yet Simon would be the last to claim that distinction. He was as modest as he was larger than life. He will be deeply missed by everyone he met, and all the lives he touched through his work.
I was extremely humbled by this gentle man, and privileged to have known him personally.
A.B.A.T.E. of Illinois Embarras Valley Chapter Celebrates 5th Anniversary
On February 19, 2005, the Tuscola Illinois Moose Lodge 729 hosted the Embarras Valley A.B.A.T.E. of Illinois 5th anniversary party. Approximately 300 people attended this year’s event. Michael F. Hupy & Associates, S.C., a supporter of the event, made a $600 donation so the first hundred people at the door could get in free. Our law firm has been a big supporter of ABATE in Wisconsin and Illinois as well as other states.
The Embarras Valley Chapter raised several thousand dollars at the event and numerous items were auctioned off. Attorney Michael F. Hupy, a member of the South Suburban Chapter of A.B.A.T.E. of Illinois attended the event along with members of approximately nine other A.B.A.T.E. of Illinois Chapters.
The money raised will help Embarras Valley continue to donate to several local agencies as well as the State of Illinois A.B.A.T.E.
TOP CANDIDATE FOR GOVERNOR PROMISES HUPY NO HELMET LAWS
Scott Walker, Milwaukee County Executive and top candidate for the republican nomination for Governor of Wisconsin, has at least one thing in common with Wisconsin Governor Jim Doyle. They both promised Attorney Michael F. Hupy that there would be no new helmet laws in Wisconsin.
Walker invited Hupy to sit with him at the Boy Scout breakfast fundraiser on Friday, February 11th (500 people attended; over $525,000 raised).
After hearing Keni Thomas of Blackhawk Down fame speak about his war experiences, Walker and Hupy discussed the issue of helmet laws and Walker promised if he were elected Governor he would not support or sign a bill requiring bikers to wear helmets in Wisconsin.
On March 15, 2004, the current Governor of Wisconsin, Jim Doyle, with Attorney Hupy at his side, signed a bill that prevents insurance companies from reducing damages for bikers injured while not wearing a helmet. Doyle publicly thanked Hupy for the work he did to get the bill passed including testifying at both Houses of the State Legislature and lobbying for the bill’s passage.
ABATE of Wisconsin members did a great deal of work which included lobbying and testifying in favor of the bill. Hupy is a life member of ABATE of Wisconsin, a member of A.B.A.T.E. of Illinois, and a member of ABATE of Indiana.
Hupy Law Firm accident investigator and founder of ABATE of Wisconsin, Tony “Pan” Sanfelipo, will be the head road guard again this year on Walker’s motorcycle ride June 25th – 30th, 2005. The ride will circle Wisconsin and go as far south as Rockford, IL.
MILWAUKEE COUNTY EXECUTIVE, SCOTT WALKER (right) and Attorney Michael Hupy at a breakfast fundraiser for the Boy Scouts on February 11, 2005. Walker promised Hupy that if he were elected Governor he would not support or sign a helmet bill.
NEARLY $1 MILLION SETTLEMENT TO BIKERS DOWN FOUNDER
In an effort to make a difference in the life of others, a seriously injured biker started a non-profit organization called Bikers Down following his own accident. It is through this organization that he educates other bikers on the dramatic effect a serious accident can have on a family’s life. It is Scott Perzentka’s goal to raise a substantial amount of money in the future to help other bikers in the event they are confronted with a catastrophic accident like his. We support Bikers Down and encourage everyone to do likewise. Visit his website at www.bikersdown.us. The following is his story.
On July 3, 2003, the life of Scott Perzentka was shattered. As he was test driving a Harley Davidson motorcycle from a local dealership, a semi-truck, without warning, started to make a left hand turn in front of the motorcycle. Although Mr. Perzentka made a frantic effort to avoid the semi-truck by slamming on his brakes and laying down his motorcycle, he was unable to avoid the collision. Mr. Perzentka smashed into the front of the semi-truck and was ejected from the motorcycle.
The City of Oshkosh ambulance rushed Mr. Perzentka from the scene of the accident to Mercy Medical Center with life threatening injuries. While en route to the hospital, Mr. Perzentka faded in and out of consciousness. His primary diagnoses included a traumatic brain injury; a fractured pelvis, hip and jaw; an ankle injury; and numerous contusions, abrasions and lacerations.
On July 29, 2003, Mr. Perzentka was transferred into the physical rehabilitation unit at Mercy Medical Center where he began his long, painful road to recovery. Finally, one hundred days following this collision, he was released from the hospital into the care of his mother. Mr. Perzentka’s doctors viewed him as a medical miracle. His hard work and dedication to his recovery made him a model patient. Although Mr. Perzentka worked tirelessly to bring his body back to health, he can no longer participate in running, jumping or lifting in excess of 75 pounds. He continues also to receive follow up treatment regarding the psychological trauma of being involved in such a dramatic accident.
Over and above the physical and emotional injuries Mr. Perzentka sustained as a result of the July, 2003, accident, he was also presented with professional challenges. Prior to this collision, Mr. Perzentka owned and operated three companies. Unfortunately, based on the injuries he sustained in the accident, he was forced to close two. However, Mr. Perzentka now dedicates himself to the continued success of the remaining company that has been in existence for over 50 years. I am sure that he will have nothing but continued success based on his positive outlook and hard work.
Immediately following the accident, Mr. Perzentka’s mother contacted our law firm and our experienced team began working on his claim. Attorney Jason F. Abraham was able to resolve Mr. Perzentka’s claim without the necessity of a lawsuit. The insurance company paid approximately $950,000 in settlement of this claim as a result of Jason F. Abraham’s efforts on behalf of Mr. Perzentka. This payment was received even though the company that owned the semi-truck was in receivership.
We are happy to report that Mr. Perzentka has made an astounding recovery based on the injuries he received. We are sure that he will make a difference to many bikers in the future based on his dedication to the cause. We are happy to call him our client and our friend.
A.B.A.T.E. OF ILLINOIS STATE SEMINAR IS SET FOR JANUARY 21, 22 and 23, 2005
The A.B.A.T.E. Seminar is held annually to educate our members and help our organization. The schedule for this year’s State Seminar is as follows:
January 21-23, 2005
Northfield Inn and Suites, Springfield, IL
3280 Northfield Dr. – 217-523-7900
Overflow rooms: Ramada North – 217-523-4000
At I-55, take Exit 100 to Sangamon Avenue, then right on Dirksen Parkway.
First light north of Sangamon is Northfield Drive.
Sign in: Friday from 6 to 8 p.m.
Saturday 8 a.m. to Noon
Friday night: FED PAC fundraiser
7:00 p.m. to ?
Saturday workshops:
8:00 a.m. to 6:00 p.m.
Banquet: Saturday 7:00 p.m. to ?
Admission: $25 per person
- Includes admission to banquet OR
- $10 for Seminar Only (includes Saturday lunch)
Call 1-800-87-ABATE for more information
Our law firm has sent a donation at the $500 Platinum sponsor level. You or your business has the opportunity to help sponsor the seminar and awards at the following levels:
o Bronze Sponsor, $50 Donation. Your name, organization or business is listed in the seminar program.
o Silver Sponsor, $100 Donation. You get a business card size advertisement in the seminar program.
o Gold Sponsor, $250 Donation. You get a business card size advertisement in the seminar program and
a banner with your organization or business name printed on it as a “Proud Sponsor.”
o Platinum Sponsor, $500 Donation. You get a business card size advertisement in the seminar program
and a billboard sized banner with your organization or business name printed on it as a “Proud Sponsor.”
Donations can be made anytime prior to the seminar, but must be received by December 20, 2004 to ensure that they are included in the program and banners are printed.
Attend the state seminar if at all possible.
Please renew your A.B.A.T.E. of Illinois membership, if you have not done so yet.
Detective Who Harassed Outlaws Milwaukee Members Is Gone
Exclusively At Hupy.Com / Current News For Bikers
Detective Chris Mason, formerly with the Milwaukee County District Attorney's office, was one of the subjects of Attorney Michael F. Hupy's December 18, 2004, letter to former Mayor John Norquist about illegal activity on the part of law enforcement officers in Milwaukee. Mason was a detective employed by the Milwaukee County District Attorney's office. Hupy complained that Mason and members of the Milwaukee Police Department had engaged in violating constitutional rights of club members and were engaged in systematically harassing them.
The complaints of the club members included telling the owner of a tavern in Milwaukee that he should fire one of his employees and not let him back on the premises because he is a member of the Outlaws Milwaukee Motorcycle Club.
Since Hupy's letters, there were additional complaints to the District Attorney's office. One woman who complained was not a club member, but has been the Paralegal to the senior partner of a prominent law firm for 22 years. Her son is a member of the Outlaws Milwaukee Motorcycle Club. More recent allegations against Mason include threatening to kill a member of the Outlaws Milwaukee Motorcycle Club outside a bar on Water Street, ordering another club member to leave the tavern, and assaulting a fellow law enforcement officer.
Shortly before Mason's resignation, in August 2004, Hupy and a member of the club met with investigators from the Milwaukee County District Attorney's office with the Paralegal who had complained also present.
Mason moved out of the State of Wisconsin in August, 2004, after resigning his job with the Milwaukee County District Attorney's office.
Bill To End Discrimination Against Bikers Passes U.S. Senate
Word comes to us from the Motorcycle Riders Foundation (MRF) that a bill to close the current health insurance discriminatory loophole has passed the United States Senate. Senator Susan Collins (R-ME) and Senator Russ Feingold (D-WI) authored S.423 Health Care Parity for Legal Transportation.
The very last bill to pass before the Senate adjorned on Sunday, November 21, 2004, this legislation will prohibit the denial of benefits otherwise provided under the plan or coverage for the treatment of an injury solely because such injury resulted from the participation in a legal mode of transportation or a legal recreational activity.
Although a huge victory for bikers, the bill still has to pass the House of Representatives. The MRF is urging everyone to call their member of the U.S. House and urge them to support S.423.
U.S. Supreme Court Decides Police Can Compel Suspects To Identify Themselves - Sometimes
The U.S. Supreme Court recently decided Hiibel v. Sixth Judicial District Court of Nevada and resolved a question that has long begged for an answer: Can a person stopped on reasonable suspicion of criminal activity (known as a "Terry Stop") be compelled, on pain of criminal prosecution, to identify himself? The Supreme Court said "yes," but then qualified its holding with confusing caveats that will cause considerably more litigation than the issue it resolved.
In the past, the Courts have held that "stop and identify" statutes that are not based on reasonable suspicion of criminal activity are unconstitutional. However, in Hiibel, the Court ruled that the stop was justified based upon reasonable suspicion under the Terry v. Ohio rationale. Nevada Courts have held that a suspect does not have to produce any identification but must tell the officer his or her name.
The Court concluded that the minimal intrusion of asking someone to identify himself, without more, in this case was not a constitutional violation.
The Court recognized the fact that in some situations providing identification may give the police a link to criminal activity by the suspect. Justice Breyer wondered how a police officer in the midst of a "Terry stop" is to distinguish between the majority's ordinary case and the special case where providing a name may be incriminating.
Click here to request your free Rights Cards.
Harley-Davidson Museum Site Approved
Harley-Davidson Motor Company announced that the site of their much anticipated museum (6th and Canal Street) has been selected and approved. On November 3, 2004, the Milwaukee Common Council approved the sale of 20 acres of land, located just south of downtown Milwaukee. Harley-Davidson wanted to build the museum in Milwaukee, to compliment the historic Juneau Plant, site of the original factory.
Lara Lee, Harley-Davidson Vice-President responsible for museum development, expressed appreciation for the Common Counsil's vote of approval and for the tremendous support from Mayor Tom Barrett and the Milwaukee community.
The location of the new museum is currently occupied by a Milwaukee Department of Public Works facility. The plan is to have that occupant fully moved out by 2006, and the Harley-Davidson museum will be completed in two years (2008). The first phase of the project will consist of an 110,000 square foot complex, including the museum, cafe, retail store, office and restaurant with banquet facilities.
The project will generate 500 on-site construction jobs, 70 full-time and part-time jobs, and 40-70 people to staff the 300 capacity restaurant.
The Most Ridiculous Item Of The Day
Lawyer Released From Federal Prison Claims Its Unfair For Me To Warn You
Update: October 8, 2004
I've been advised that Attorney Charles J. Hausmann claims that it is unfair for me to warn you that he went to Federal prison for sixty days for mail and wire fraud and conspiracy involving a secret kickback scheme with a chiropractor to whom he referred numerous clients. He claims it is unfair for me to tell uninformed accident victims that when they receive a brochure from a law firm telling them 51 times they should hire a trusted lawyer, it is from the same law firm whose senior partner went to Federal prison.
Hausmann claims that it is not civil for one lawyer to say this about another lawyer and that, because he is an ex-convict, public policy is that he should not be restrained from making a living. He claims that he shouldn't be discriminated against because of his criminal record.
I am not discriminating against him. Public policy in this state is that lawyers not betray the trust and confidence of their clients. In order to keep society fair and balanced, the U.S. and Wisconsin Constitutions guarantee us all free speech, and, when a lawyer tells uninformed clients that he should be hired because he is a "trusted lawyer", the public is entitled to know the full story.
I'm not accusing twenty thousand lawyers in Wisconsin of being missing in action when one of our own pled guilty to mail and wire fraud and conspiracy over two years ago. I may not be the Bill O'Reilly of the legal profession in Wisconsin, but I have to wonder how and why Hausmann has kept his law license after being convicted of the above conduct over two years ago. In the meantime . . .
I WILL CONTINUE TO LOOK OUT FOR YOU.
Dwight, Illinois A.B.A.T.E. and Club Members Take On "Colors" Issue
When A.B.A.T.E. of Illinois and motorcycle club members had a problem in Dwight, Illinois, in September of 2004, claiming that they had been harassed by law enforcement officers, based on a "no colors" policy in Dwight, they had difficulty finding an attorney who was willing to help them.
Linda McNulty, a resident of Dwight, Illinois, and manager of the RonDeVoo tavern, took it upon herself to get help with what she saw as an unconstitutional violation of the rights of bikers traveling through Dwight. Linda looked in the A.B.A.T.E. of Illinois newsletter but states that she "got zero help and a not so logical question to ask when she called A.B.A.T.E. of Illinois legal services." The person she talked to asked Linda to find out if there was an ordinance banning colors in Dwight. She thought that the answer was curious because such an ordinance would be unconstitutional. Linda then contacted the C.O.C. and their attorney's office, but got no help.
She also called Motorcycle Riders Foundation, which had some very helpful ideas. As the Village Board meeting scheduled for Monday, September 13th, approached, Linda continued to research the colors issue on the internet.
"I ran across a fantastic letter written on behalf of the Outlaws M/C by Attorney Michael F. Hupy to the Mayor of Milwaukee." This was copied and distributed to bikers in Dwight, especially those that had to take their colors off and bartenders at the RonDeVoo tavern.
Linda was familiar with Attorney Michael F. Hupy because he successfully settled her motorcycle accident case in 1993.
Michael F. Hupy agreed to meet with members of four motorcycle clubs on September 13th in Dwight, Illinois. Later that evening, they all met with the Police Chief and attended the Village Board meeting. The Police Chief assured everyone that nobody would be discriminated against for wearing colors, and Hupy presented educational material to the Board about club insignias.
Bob Sumption, President of the Embarrass Valley Chapter of A.B.A.T.E. of Illinois and accident investigator with the law firm of Michael F. Hupy & Associates, S.C., attended a follow-up meeting in Dwight. There were no reported problems with bikers wearing colors during the annual Harvest Days event in Dwight.
Our firm charged no fee for the work we did in this case or the case brought on behalf of members of the Outlaws Milwaukee Motorcycle Club against Summerfest.
A.B.A.T.E. Of Illinois Invites Hupy Firm To Speak At Two Events On The Same Day
Attorney Michael F. Hupy was invited by the A.B.A.T.E. of Illinois Board of Directors to speak at the monthly Board Meeting held on August 21, 2004, in Springfield, Illinois. Hupy spoke about biker's rights, how the firm's television advertising promotes awareness of A.B.A.T.E. of Illinois, and the availability of his firm to provide services to bikers in Illinois and Wisconsin, and the importance of bikers having as much information as possible so that they have true freedom of choice when it comes to choosing an attorney.
On the same day, Hupy's partner, Jason F. Abraham, and Tony Sanfelipo, Investigator with the Hupy firm and founder of ABATE of Wisconsin, spoke at an event sponsored by the Northern Illinois chapter of A.B.A.T.E. of Illinois and Chapter President, Paula White. Abraham spoke about the free speech rights at stake in the Outlaws Milwaukee Motorcycle Club v. Summerfest case, a hazard recently caused to motorcyclist when someone stretched plastic wrap across a roadway in Waukesha County, and the helmet bill signed by Governor Jim Doyle on March 15, 2004, which prevents insurance companies from reducing awards to injured bikers who are not wearing helmets.
Thank you, Paula, for the very flattering introduction you gave Jason and Tony.
Editor's Note: We have many friends who are members of A.B.A.T.E. of Illinois who we have helped with personal injury cases, rights issues and otherwise. I want to make it clear, however, that we do not represent A.B.A.T.E. of Illinois. We are in no way associated with that attorney whose office is in Indianapolis, who does business as A.B.A.T.E. of Illinois Legal Services. We do not endorse the policy of exclusive advertising rights for attorneys in publications of rights organizations.
Plastic Wrap Case Solved by Waukesha County Sheriff
Hupy Firm Offered $5,000.00 Reward
August 4, 2004
Sheriff Dan Trawicki announced today, that four juveniles, all from the Town of Waukesha have been referred to the Waukesha County District Attorney's office on felony charges. These felony charges are a result of the motorcycle crash on July 13, 2004 where plastic wrap was stretched across a Waukesha County Highway, injuring the driver and passenger on the motorcycle.
Click here to read the Journal Sentinel article.
Wisconsin Assembly Passes Helmet Bill That Benefits Bikers
Yesterday, March 2, 2004, the Wisconsin Assembly passed SB223 by a vote of 84 to 12 which, if signed by the Governor, will prevent insurance companies from reducing damages awarded to bikers who are not wearing a helmet.
Attorney Hupy and Tony Sanfelipo, founder of ABATE of Wisconsin and accident investigator with the Hupy law firm, both testified before the Wisconsin Senate and the Wisconsin Assembly in favor of the original Bill sponsored by Wisconsin State Senator David Zien. Hupy and Sanfelipo also helped write the language of the Bill.
Under current Wisconsin law bikers can be penalized if they receive a head injury in a motorcycle accident although there is no Wisconsin law requiring them to wear a helmet. Injury victims in Wisconsin who are not wearing a seatbelt are only subject to a 15% potential reduction of their award.
Hupy, Sanfelipo and members of ABATE of Wisconsin recently involved in a lobbying effort to get the Bill sent from committee to the floor and passed by the Assembly. The Senate previously passed the Bill and sent it to the Assembly.
Predictions are that Governor James Doyle will sign the Bill and Attorney Hupy plans to contact him personally to emphasize its importance.
Bikers Protect Police From Gang at Festival
When Attorney Michael F. Hupy negotiated with Summerfest officials and their attorneys to allow members of the Outlaws Milwaukee Motorcycle Club to wear their insignias at Summerfest this year, he pointed out the real problem. It was youth gangs, not members of the motorcycle club, that engaged in malicious mischief, including assault, vandalism and robbery. Hupy suggested that the public be educated about the fact that the Outlaws have never caused a problem at Summerfest in 25 years, and the presence of bikers wearing Outlaws Milwaukee insignias might cause someone to think twice before starting trouble.
Although Hupy's idea for a public education program was given the cold shoulder, the Outlaw mascot returned to Summerfest this year. No problems were caused by anyone wearing Outlaws club insignias.
However, there may be more to the theory of bikers protecting the public from gangs than Summerfest officials thought. Apparently, with the Outlaws back at Summerfest, the troublemakers have now moved to this year's Greek festival. The Wednesday, July 24, 2004, edition of the Milwaukee Journal Sentinel reported that a gang of about 50 - 100 people began encroaching on police officers and pelted them with bottles and trash as they tried to arrest a woman on a disorderly conduct charge. How were the officers able to escape? A line of motorcyclists formed a shield between the police and the thugs, allowing the police to make the arrest.
Maybe the Outlaws Milwaukee and other motorcycle clubs could volunteer to appear at festivals to discourage any misbehavior.
Click here to read the front-page article from the July 14, 2004, edition of the Milwaukee Journal Sentinel.
Hupy Supports 10th Annual Tommy Thomson Governor's Ride
HHS Secretary Tommy Thompson, Attorney Jason Abraham, Tony Sanfelipo, Teena Abraham and Suzanne and Michael Hupy attended the dinner after the Governor's ride in Madison, WI on July 24, 2004, at Capital City Harley.
Ever since the beginning, Michael F. Hupy & Associates, S.C., has supported the Tommy Thompson Governor’s Ride. That support came in the way of providing the Head Road Captain for the ride, and since the second ride on, the t-shirts for the Road Guards.
Michael Hupy has allowed Tony “Pan” Sanfelipo, an accident investigator for the firm since 1992, to take time away from work to act as Head Road Captain for this special ride. Tony hand picked the various Road Guards and medical personnel who work with him, and the law firm pays for the t-shirts for all the volunteers.
2004 marked the 10th Annual Governor’s Ride, and Tommy Thompson, now Secretary of Health and Human Services, came back to Wisconsin from Washington, D.C., to join the ride again. Thompson hasn’t missed a ride yet, although his duties in Washington have prevented him from doing the entire ride this year and last. Thompson personally thanked Tony for his help in organizing and providing security for all the riders for the past ten years. He did this at the 5th Annual Biker’s Ball, a tradition marking the last day of the Governor’s Ride. The Biker’s Ball is presented by Jerry and Kathy Weiner, two wonderful and generous friends of Tommy Thompson who met him on one of the early rides, and have been coming back and sponsoring the ball every year.
The Governor’s Ride joined the Women in Motion Ride for the second year in a row, to benefit Accident Scene Management. This year’s party was at the ending location, the beautiful Capitol City Harley-Davidson, in Madison, Wisconsin. Owner, Bob Oyler, provided his spacious second floor ballroom at the dealership for the festivities. Secretary Thompson spent a considerable amount of time walking around and greeting people in attendance. He took special time to talk to Attorney Michael Hupy and his partner, Jason Abraham, and their wives, Susanne and Tina.
Among those on the ride were State Senators Dave Zien, Mary Lazich, Scott Fitzgerald and State Representative Dan Vrakas.
Next year’s ride is already being planned to travel to South Dakota, and in 2006, plans are being made to visit Manhattan and upstate New York.
Mascot can return to Summerfest
Milwaukee Journal Sentinel
Friday, June 18, 2004
By GRAEME ZIELINSKI
Motorcycle club wins civil suit to let members wear previously banned attire
Charlie will miss Britney at Summerfest, but that’s her problem.
Britney hurt her leg.
Charlie, the Outlaws Motorcycle Club mascot at the center of a civil rights lawsuit filed last year, will be on hand as part of the attire that was previously banned but, in a recent deal, will be allowed at Summerfest.
“I think the agreement we entered into is fair to everybody. We felt very strongly about the free-speech issue,” Michael Hupy, a lawyer representing the Milwaukee Outlaws, said Thursday.
Last summer, Jim Sworske Jr., Jack Daugherty and Chris Gunderson got the boot from the fest, and each was issued a $150 municipal citation for disorderly conduct after refusing to remove his Outlaws “colors,” which include Charlie, a fearsome skull above a set of crossed pistons.
Officials from Milwaukee World Festival Inc., which administers grounds leased from the city, had argued they had the right to proscribe the patches because of the Outlaws’ sometimes-troublesome history.
In the 1990s, a violent war had erupted between the Outlaws and the encroaching Hell’s Angels motorcycle gang and their surrogates, resulting in murders and a sprawling federally run investigation.
But the Outlaws argued that they should not be tarnished as a group for the actions of the few and, through Hupy, the three men sued the city, Summerfest and a Milwaukee police detective who had facilitated the citations, alleging that their First Amendment rights had been violated.
“We’re just looking for a fair shake,” J.D. Davies, a member of the Milwaukee Outlaws, said Thursday.
And that’s what both sides said was the final deal.
Under it, the Outlaws get to dress as they would, with the caveat that no trouble erupts this summer as a result of the attire.
“This is a workable agreement, and our board is willing to put it in place on a trial basis for this year’s Summerfest,” Howard Schnoll, the new president of Milwaukee World Festival said in a statement.
U.S. District Judge Lynn Adelman ordered last week that the Outlaws civil rights case would be dismissed if the pact held to Sept. 15.
The three Outlaws still face fines from the municipal citations, but Jan Smokowicz, an assistant city attorney, said those would be dropped, too, if everything went as planned.
Lawyer Released From Prison May Target Injured Bikers
June 17, 2004
Hausmann-McNally Law Firm Senior Partner, Charles J. Hausmann, with offices in Milwaukee, Appleton and Madison, Wisconsin and Decatur, Peoria and Rockford, Illinois went to prison on November 28, 2003, for defrauding approximately 200 of his firm’s personal injury clients. He was released from prison in January and has now been charged with ethical violations for sending unsuspecting clients to a chiropractor who then paid $70,000.00 in kickbacks through 3rd parties.
However, none of this has stopped Hausmann or the law firm of Hausmann-McNally, S.C., from sending direct mail advertising to people involved in motorcycle or automobile accidents in Wisconsin and central Illinois.
When bikers have been mistreated, members of this law firm have gone to bat for them for decades, no matter who is on the other side. When clients of a law firm are defrauded by it’s senior partner, injured bikers are entitled to know this is the same firm that sends them direct mail advertising including a yellow and black brochure entitled, Turning Your Wrongs Into Your Rights, telling them 51 times to hire a trusted lawyer.
We are committed to the biking community and will continue to look out for you.
Change in Helmet Law Results in $1.9 Million Settlement for Biker
The Hupy law firm again showed their commitment to bikers by working with Wisconsin legislators, Governor Doyle and ABATE of Wisconsin to over turn the Wisconsin Supreme Court. The following shows how the new law immediately affected the life of a biker family.
On August 9, 2001, the life of James Anderson and his family was turned upside down. As he was driving his motorcycle in Kewaunee County, Wisconsin, a GMC truck made a u-turn in front of him, causing a horrific collision. At the time of the accident, he was not wearing a helmet. Mr. Anderson’s injuries were so severe, that he had to be resuscitated at the scene.
Mr. Anderson was transported from the scene of the accident with life threatening head injuries. Upon his arrival at the hospital, he was diagnosed with several skull fractures and a severe brain injury. He underwent emergency brain surgery the day after the collision. Mr. Anderson remained in a comatose stage for several weeks and was hospitalized for several months. He was discharged from an inpatient facility in November of 2001. Since that time, he has struggled through speech therapy, occupational therapy and physical therapy. Because of his dedication, he as made a better than expected recovery.
Our firm immediately began working on this claim for the Anderson family. The insurance company for the operator of the truck would not offer to settle the case because they knew there was a case pending before the Wisconsin Supreme Court which would decide whether a motorcyclist failure to wear a helmet can be considered by a jury in a personal injury case even though there is no helmet law in Wisconsin. The Supreme Court ultimately decided this case against motorcyclists. As a result, Attorney Michael F. Hupy and investigator Tony “Pan” Sanfelipo worked to have a law passed in Wisconsin, which would protect bikers from a damage reduction. When the insurance company learned we would be successful, they started a lawsuit against Mr. Anderson and his family in an attempt to circumvent the new law. Attorney Jason F. Abraham quickly negated the insurance company’s position and the Governor did in fact sign the new law into effect on March 15, 2004.
The insurance company never made any offer to settle the case until the parties went to a mediation. After approximately five hours of mediation, Attorney Abraham was able to get the case resolved where Mr. Anderson and his family will receive $1.9 million.
Helmet Bill Signed By Governor - Damages Cannot Be Reduced
GOVERNOR JIM DOYLE congratulates Attorney Michael F. Hupy and hands him a pen used to sign Wisconsin’s new helmet bill. Also pictured standing left to right is Ken Pezewksi, Rick Traver and Matt Graettinger. Partly visible on the left are William Weigel and Kirk “Hardtail” Willard in the center.
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TWELVE SUPPORTERS OF WISCONSIN’S NEW PRO-BIKER HELMET BILL left to right: Rep. Dan Vrakas, Mike, Attorney William Weigel, Matt Graettinger, Attorney Michael F. Hupy, Kirk “Hardtail” Willard, Attorney Joe Weigel, Dave Dwyer, Ed Williams, Ken Pezewski, Tony “Pan” Sanfelipo and Sen. Dave Zien.
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March 15, 2004.
A year and a half ago, Attorney Michael F. Hupy read a Wisconsin Supreme Court case he did not agree with. Instead of following the dictates of the Court, he did something very unusual. He decided to go to Madison and overrule the Supreme Court's decision.
Hupy, along with members of ABATE of Wisconsin, Tony Sanfelipo, founder of ABATE of Wisconsin, and Attorney Joseph Weigel helped write a bill that would prevent insurance companies from reducing damages for injured bikers when there is a claim that a helmet would have lessened the injuries.
Under the new law, evidence that a biker was not wearing a helmet cannot be used at trial and insurance companies cannot reduce damages owed injured bikers by blaming them for their injuries because they were not wearing a helmet.
The bill was introduced by Wisconsin State Senator David Zien, who has been an avid rider for many years. Hupy and Sanfelipo testified for the bill in Zien's Senate Committee hearing, and later testified at a hearing before the Wisconsin Assembly. Both Hupy and Sanfelipo, as well as members of ABATE of Wisconsin and others lobbied for passage of the bill in the legislature.
While the bill was pending, the Milwaukee Journal Sentinel, after a lengthy interview with Hupy, changed its prior position on helmet laws and wrote an editorial favoring the bill.
After the Assembly passed the bill on March 2, 2004, Hupy contacted the Governor and urged him to sign the bill into law. The Governor's response was to invite Hupy to the signing in his office on March 15, 2004. Governor Jim Doyle publicly thanked Attorney Hupy for the work that he had done to get the bill to his desk and presented him with a pen used to sign the bill.
Failure to make this change in Wisconsin law would have had a devastating affect on injured bikers. In an accident that was 100% the other driver's fault, a motorcyclist with a serious head injury could end up losing all of a multi-million-dollar verdict and walk away with nothing if the insurance company could successfully argue to a jury that wearing a helmet would have prevented all of the head injury. Hupy and Sanfelipo saw this as an attempt to judicially mandate a helmet law in Wisconsin despite the fact that the legislature repealed Wisconsin's helmet law twenty-five years ago.
In a live interview on Biker Broadcasting on March 14, 2004, Hupy, who is a life member of ABATE of Wisconsin and a member of A.B.A.T.E. of Illinois, praised both organizations and others for the work that they have done to protect the interests of bikers.
Michael Hupy also represents three members of the Outlaws Milwaukee Motorcycle Club in a lawsuit against Summerfest resulting from their being ejected after they refused to remove club insignias. He represents the Outlaws Milwaukee Motorcycle Club clubhouse in forfeiture proceedings that have been brought by the Federal government.
Members of A.B.A.T.E. of Illinois Legal Services Options
A.B.A.T.E. of Illinois Chapter President Joins Hupy Law Firm
Bob Sumption is president of the Embarras Valley Chapter of A.B.A.T.E. of Illinois, and former Mayor of Newman, IL. He has been riding for over 20 years and has been a member of A.B.A.T.E. of Illinois for 12 years.
He recently took a job as an investigator with our firm. We are a member of A.B.A.T.E. of Illinois. We would like to place an ad in our state newsletter. Let us know if you can help our firm with this.
Bob works out of our Bloomington/Normal office located at:
211 Landmark Drive
Suite D-1
Normal, Illinois 61761
(309) 862-4800
Toll Free (866) 532-4800
Biker Newsbrief Correction:
In our latest Biker Newsbrief, we reported that Ester Rorig placed the winning bid and won a 2004 Road King that was signed by Willie G. Davidson. After the mailing of our newsbrief, we learned that Ms. Rorig did not honor her bid and therefore did not win the bike. We are happy to report that Nancy Maas, Senior Vice President of Marketing at M & I Bank, seized the opprotunity to help MDA and purchased the bike. We want to make sure that her good deed does not go unnoticed. Thank you, Nancy!
Hupy and Sanfelipo spend day in lobby effort for AB455
Fighting for Biker’s rights in Madison on January 22, 2004. Attorney Michael F. Hupy, second from left, founder of ABATE of Wisconsin Tony Sanfelipo, far right, State Representative, Kitty Rhoades of the 30 Assembly District and Dave Dwyer, behind Rhoades, ABATE of Wisconsin Legislative Director were among the many bikers and legislators interested in passing AB 455 out of committee.
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On January 22, 2004, Attorney Michael Hupy and one of his accident investigators, Tony Pan Sanfelipo, spent the day speaking to lawmakers about AB455.
Urging the legislators to support the measure, Attorney Hupy explained the nuances of the bill and how a recent Wisconsin Supreme Court ruling was punitive and unfair to injured motorcyclists. After testifying before the Senate Judiciary Committee, SB223, the Senate version of the bill, moved out of committee with a favorable vote and the Senate passed the bill by a vote of 23-9.
ABATE of Wisconsin scheduled a lobby day in Madison on January 22, 2004. Guiding members to representative’s offices and assisting first time visitors to the Capitol, ABATE Legislative Director, Dave Dwyer, met with Attorney Hupy to discuss some questions raised by certain legislators. Hupy then visited each of the legislators with concerns and answered their questions or explained some of the legal points or problems the current situation could cause injured motorcyclists. Part of the strategy of the day was to gain support among the lawmakers to urge Representative Mark Gundrum to move AB455 out of committee for a vote. Word reached Dave Dwyer that morning that Gundrum, the chairperson of the Assembly Judiciary Committee, agreed to do just that. Until the lobby day, the bill was stalled in the committee because Gundrum was not in favor of it.
Attorney Hupy spoke to nine Assembly members and three Senators about this legislation. He was in the Capitol from nine o’clock in the morning until five in the afternoon. His efforts were greatly appreciated by ABATE and the lawmakers he spoke to. AB455 should be voted on very soon. If passed, it will be a major victory for justice for injured motorcyclists in Wisconsin. Sanfelipo is the founder of ABATE of Wisconsin, and is a full-time accident investigator at Michael F. Hupy & Associates, S.C.
Harley-Davidson Museum Site Chosen
Harley-Davidson plans to build its long anticipated museum just south of the downtown Milwaukee area. The tract of land is 20 acres, with 3 acres devoted to parking lots.
Located in the developing Menomonee Valley, the museum and restaurant will create approximately 175 jobs, while the corporate offices for some Harley operations would generate another 280 to 400 jobs, according to Harley. The motor company expects 350,000 visitors annually to visit the complex. Although there is widespread support for the project, expected to be completed in 2007, there are concerns with some of the costs and use of the land.
Located where the 6th Street Viaduct meets W. Canal Street, the location is near downtown and the historic Walker’s Point. The cost to the City of Milwaukee for the project is said to be anywhere between $22 million and $27 million, $20 million of which would be used to move a Department of Public Works building at the site.
The Menomonee Valley Business Association has approved a resolution supporting Harley’s plans and the Department of City Development has agreed to pay Harley $7 million for development costs.
Some local aldermen have questioned the 3-acre parking lot plan instead of looking to develop a parking structure, which would use less land. Harley Museum Director, Lara Lee, said the structure would be more costly and less desirable. Harley would like to utilize the parking areas for outdoor events, which a parking structure could not do.
Final approval of the plans rests with the Common Council. Of note, both mayoral candidates, Acting Mayor Marvin Pratt and former congressman, Tom Barrett, have voiced their support for Harley’s plans.
Lawyer Who Targets Injured Bikers In WI and IL Goes To Prison
Hausmann-McNally Law Firm Senior partner, Charles J. Hausmann, with offices in Milwaukee, Appleton and Madison, Wisconsin and Decatur, Peoria and Rockford, Illinois went to prison on November 28, 2003, for defrauding approximately 200 of his firm’s personal injury clients. He was released from prison recently and has been charged with ethical violations for sending unsuspecting clients to a chiropractor who then paid $70,000.00 in kickbacks through 3rd parties.
However, none of this has stopped Hausmann or the law firm of Hausmann-McNally, S.C., from sending direct mail advertising to people involved in motorcycle or automobile accidents in Wisconsin and central Illinois. If you are involved in a motorcycle accident caused by someone else you will probably receive a special edition of their advertisement TURNING WRONGS INTO YOUR RIGHTS. Before, during and after Hausmann’s conviction and imprisonment, the firm continued to send this booklet to accident victims stating 51 times throughout, that victims should hire a “trusted lawyer” – most of the time referring to the Hausmann Firm. In January of 2004, Hausmann was charged by the Office of Lawyer Regulation in Wisconsin with ethical violations including having a conflict of interests.
Hausmann and his partner, John F. McNally, have hired not one but two law firms to shut me up. I am committed to protecting the biking community and I will continue to look out for you. I will not be intimidated.
When bikers are mistreated, members of this law firm have gone to bat for them for decades no matter who is on the other side. When clients of a law firm are defrauded by it’s senior partner, accident victims are entitled to know this when the firm continues to tell them to hire a “trusted lawyer.”
Here are some examples of things that we have done to protect the interests of bikers:
1. When the Federal Government wanted to pass a Blackmail Bill requiring states to pass mandatory helmet laws, we went to Washington and argued against this Bill.
2. When the City of Milwaukee Police Department decided to start confiscating motorcycles without having clear proof they were stolen, we put on seminars to educate bikers and went to Court, pro bono, to fight this abuse.
3. When Summerfest in Milwaukee, ejected three members of the Outlaws Milwaukee Motorcycle Club for wearing patches, we sued Summerfest, the City of Milwaukee and the Police Department. Two days later Harley Davidson announced that no bikers attending the 100th Anniversary would be prevented from attending for wearing club colors.
4. When the Wisconsin Supreme Court decided bikers’ accident awards could be reduced for not wearing a helmet, I helped draft a Bill to change the law. I testified before the Wisconsin Senate and the Wisconsin Assembly on behalf of David Zien’s Bill to provide corrective legislation.
5. When the Federal Government started forfeiture proceedings against the Outlaws Milwaukee Clubhouse we agreed to defend the case. The case is still pending and we will probably never receive a fee whether we win or lose.
6. When Accident Scene Management needed financial help (www.accidentscene.net) to start its life saving training course for injured bikers we contributed financially to this worthwhile cause and still do.
7. When Milwaukee City and County Law Enforcement Officers were accused of harassing members of the Outlaws Milwaukee Motorcycle Club by telling bar owners not to allow them in their establishments and not to hire them, I complained and have been assured by the District Attorney’s Office that this conduct will not be tolerated. It is being investigated internally and has apparently stopped.
8. When an Indianapolis lawyer demanded exclusive rights to advertise on the ABATE of Illinois newsletter, we objected and when we did not prevail continued to support ABATE of Illinois by advertising in local newsletters. I am a life member of ABATE of Wisconsin and ABATE of Illinois and Indiana.
Hausmann stood on the sidelines and watched much of this happen. Several years ago he decided to come up with a marketing program which included literature proclaiming his firm the “premiere” law firm in the state representing motorcyclists and professing decades of enthusiasm for motorcycling. I set the record straight about his advertising by informing the biking community that my law firm has represented hundreds and hundreds of injured bikers and has long served the interest of the riding community.
We are committed to the biking community and will continue to look out for you.
Complaint Filed by 3 Milwaukee Outlaws Against Summerfest
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
___________________________________________________________________________
CHRIS GUNDERSON
*
*,
JACK DAUGHERTY COMPLAINT FOR CIVIL RIGHTS
* VIOLATIONS
*,
Case Number 03-C-0801
JAMES SWORSKE, SR.
*
*,
Plaintiffs,
v.
CITY OF MILWAUKEE
c/o City Clerk
200 East Wells Street
Milwaukee, Wisconsin 53202,
POLICE OFFICER HALL
c/o City of Milwaukee
Police Department
749 West State Street
Milwaukee, Wisconsin 53233,
MILWAUKEE WORLD FESTIVAL, INC.
c/o Michael Kelly
Foley & Lardner
777 East Wisconsin Avenue
Milwaukee, Wisconsin 53202,
Defendants.
___________________________________________________________________________
INTRODUCTION
1. This action includes a claim to redress the deprivation of the Plaintiffs’ civil rights
guaranteed by the Constitution and laws of the United States and the State of Wisconsin. The
Defendant, Detective Hall, acting pursuant to an official policy and custom endorsed and ratified
by the Defendants, City of Milwaukee and Milwaukee World Festival, Inc., ordered the Plaintiffs
to leave the Henry W. Maier Festival Park (“Summerfest”) on July 2nd, 2003 because the
Plaintiffs were wearing clothing and colors representing the Outlaws Motorcycle Club. The
Plaintiffs were then arrested and cited for trespassing.
1. This action includes a claim to redress the deprivation of the Plaintiffs’ civil rightsguaranteed by the Constitution and laws of the United States and the State of Wisconsin. TheDefendant, Detective Hall, acting pursuant to an official policy and custom endorsed and ratifiedby the Defendants, City of Milwaukee and Milwaukee World Festival, Inc., ordered the Plaintiffsto leave the Henry W. Maier Festival Park (“Summerfest”) on July 2nd, 2003 because thePlaintiffs were wearing clothing and colors representing the Outlaws Motorcycle Club. ThePlaintiffs were then arrested and cited for trespassing. JURISDICTION
2. Plaintiffs invoke the jurisdiction of this Court under 42 U.S.C. § 1983.
3. During all times mentioned in this Complaint, the Plaintiffs were, and still are, adult
citizens of the United States, residing in Wisconsin, and members of the Outlaws
Motorcycle Club.
VENUE
4. Venue is proper in the Eastern District of Wisconsin because a substantial part of
the events giving rise to the Plaintiffs’ claims occurred in Milwaukee, Wisconsin.
FACTUAL ALLEGATIONS
5. The Plaintiff, Chris Gunderson, is an adult resident of the City of *,
County of *, Wisconsin, currently residing at *.
6. The Plaintiff, Jack Daugherty, is an adult resident of the City of *, County
of *, Wisconsin, currently residing at *.
7. The Plaintiff, James Sworske, Sr., is an adult resident of the City of *,
County of *, Wisconsin, currently residing at *.
8. The Defendant, City of Milwaukee, is a self-insured municipal body, organized
and existing under the laws of Wisconsin, with its main place of business located at 200 East
Wells Street, Milwaukee, Wisconsin, Zip Code 53202; that process can be served upon the
Defendant, City of Milwaukee, through the City Clerk, located at 200 East Wells Street,
Milwaukee, Wisconsin, Zip Code 53202; that the Defendant, City of Milwaukee, employed the
Defendant, Detective Hall, through the City of Milwaukee Police Department at the time of the
incident herein, July 2nd, 2003; that the Defendant, City of Milwaukee, ratified and approved the
acts of each Defendant and is therefore liable pursuant to Wis. Stat. § 895.46.
9. The Defendant, Detective Hall, was at all times mentioned herein a duly
appointed officer of the Police Department of the City of Milwaukee, located at 749 West State
Street, Milwaukee, Wisconsin, Zip Code 53233; that at all times mentioned herein was acting
under color of state law, to-wit, under color of the statutes, ordinances, regulations, policies,
customs policy and usages of the State of Wisconsin and/or the City of Milwaukee.
10. The Defendant, Milwaukee World Festival, Inc., is a self-insured domestic entity,
organized and existing under the laws of Wisconsin with its main place of business located at
200 North Harbor Drive, Milwaukee, Wisconsin, Zip Code 53202; that process can be served
upon the Defendant, Milwaukee World Festival, Inc., through Michael Kelly, located at Foley &
Lardner, 777 East Wisconsin Avenue, Milwaukee, Wisconsin, Zip Code 53202; that the
Defendant, Milwaukee World Festival, Inc., maintained and enforced a policy and custom of
denying entrance to, or expelling from, Henry W. Maier Festival Park any person wearing
offensive clothing.
11. On or about July 2nd, 2003, the Plaintiffs, Chris Gunderson, Jack Daugherty, and
James Sworske, Sr., wearing Outlaws Motorcycle Club clothing and colors, entered Summerfest
in Milwaukee, Wisconsin after paying and providing valid admissions tickets; that at that same
time and place, the Defendant, Detective Hall, while in the course and scope of his employment
with the Defendant, City of Milwaukee, and acting pursuant to the policy and custom described
herein, ordered the Plaintiffs to leave Summerfest solely because they were wearing Outlaws
Motorcycle Club clothing and colors.
12. The Plaintiffs refusal to comply with the Defendant, Detective Hall’s order to
leave resulted in their being arrested and cited for trespassing.
13. At all times mentioned herein, the Plaintiffs were enjoying Summerfest in a
lawful manner without incident of breach of peace.
FIRST CAUSE OF ACTION
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