This is the Law Firm that has successfully represented well over one thousand injured bikers.
Some have received multimillion dollar settlements.
CURRENT NEWS FOR BIKERS
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.
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.
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.
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.
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.
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.
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 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.
County Executive’s Ride Promotes Milwaukee Area
Milwaukee County Executive Scott Walker toured Wisconsin on a motorcycle, promoting tourism in Milwaukee and neighboring counties, for the third year in a row. Hupy and Abraham, S.C. investigator, Tony “Pan” Sanfelipo acted as Head Road Captain again, as in the past two rides, by special invite from the County Executive himself.
This year’s ride took a group of area motorcyclists around the state and into Upper Michigan, Minnesota, Iowa and Illinois as well. Walker not only touted the many attractions in south eastern Wisconsin to the various media along the route, but in a gesture of reciprocation he promoted the various attractions in the cities he visited.
Besides promoting Milwaukee County, Racine, Kenosha, Washington, Waukesha, Ozaukee and Walworth Counties were also promoted. Other county executives joining Walker in this cause included Bill McReynolds, Racine; Allan Kehl, Kenosha; Thomas Sackett, Washington; Dan Vrakas, Waukesha; Bob Brooks, Ozaukee; David Bretl, Walworth.
Since Walker represents Milwaukee County, what better mode of transportation to tour the state than a Harley-Davidson motorcycle? Receptions and welcomes were provided by House of Harley-Davidson, Milwaukee (the start and finish site), Sheboygan Route 43 Harley-Davidson, Stock’s Harley-Davidson, Manitowoc, McCoy’s Harley-Davidson, Green Bay, Doc’s Harley-Davidson, Bonduel, Harley-Davidson of Wausau, Northern Lights Harley-Davidson, Arbor Vitae, Harley-Davidson Sport Center, Duluth, Minnesota, Rice Lake Harley-Davidson, St. Croix Harley-Davidson and Buell, Sport Motors Harley-Davidson, Chippewa Falls, LaCrosse Area Harley-Davidson, Wilwert’s Harley-Davidson, Dubuque, Iowa, Kutter Harley-Davidson, Janesville and Monroe, Kegel’s Harley-Davidson, Rockford, Illinois, Uke’s Harley-Davidson, Kenosha and Racine Harley-Davidson.
There were numerous highlights along this fantastic ride, including a visit from legendary Wisconsin Senator, Dave Zien, and tours of two Wisconsin breweries, Leinenkugel’s in Chippewa Falls, and Stevens Point Brewery. Every city visited had special attractions for the group to see, and many mayors and town managers came out to greet the tour.
Scott Walker intends to continue this tradition of promoting Milwaukee County and south eastern Wisconsin from the saddle of a Harley-Davidson for as long as he is County Executive.
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.
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 "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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
***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
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:
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.
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.”
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
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.
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. 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. 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.
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
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
