UPCOMING BIKER EVENTS

Current News For Bikers

• Ron Finch to be inducted into IMBBA Hall of Fame...
• Controversy Continues Over EPA Exhaust Requirement...
• EPA Stamp on Exhausts Passes out of Committee in California...
• Hoka Hey Challenge Over?...
• ABATE of Wisconsin 35th Anniversary DVD Available...

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Contributing to the Community

Latest News about Wisconsin & Illinois Accidents

As a service to the local communities in Illinois and Wisconsin, we frequently post articles about accident news. Visit this page often to read the latest news story and contact our law firm if you or a family member has been injured.

Current News For Bikers

• Ron Finch to be inducted into IMBBA Hall of Fame

  Legendary bike builder Ron Finch will join Mondo Porras and Bob McKay as the newest inductees into the International Master Bike Builders Association (IMBBA) Hall of Fame. The ceremony will take place during the 70th Anniversary of the Sturgis Motorcycle Rally.
  
  Finch is well known for his artistic genius and extravagant paint jobs. Some of his more famous bike creations include Outspoken, Finicky, Odin's Axle and Double Cross.  He is also known for his futuristic designs and creatures, known as METALife, sculpted using things like bike gears, sprokets, pistons, lifters and even wrenches.
  
  Tony Pan, Vicki Sanfelipo and Ron Finch with "Outspoken"
  
  During the Harley-Davidson 105th Anniversary in August, 2008, Hupy and Abraham, S.C. sponsored Ron Finch at the Milwaukee Art Museum.  Finch brought 12 of his best bike creations and a number of his METALife sculptures to display at the museum on Milwaukee's beautiful lake front. The exhibition was a huge success and many visitors to Milwaukee had the opportunity to see these extraordinary bikes.  Finch also attended a private party at Tony Pan's house and was welcomed by many in the motorcycle rights community. He stayed into the evening, posing for pictures, signing autographs and visiting with most of the 80 guests in attendance.
  
  
  Chong, Paul Vita, Dave and Lisa Charlebois, Steve Panten, Ron Finch and Ritchie Thompson at Tony Pan's party during HD 105th - 1 - 10

• Controversy Continues Over EPA Exhaust Requirement

  On Monday, June 28, 2010, an Assembly Transportation Committee in California voted in favor of SB 435which requires that all motorcycles have an EPA certification stamp on the muffler system. If not present, the owner could face a fine.  The EPA agency that created this regulation, the Office of Noise Abatement and Control, hasn't existed since 1981, and the EPA hadn't taken responsibility for the regulation over all these years. Because the agency disappeared, some manufacturers haven't used the stamp and others place it in areas of the muffler that cannot be seen without partial dismantling of the motorcycle.
  
  According to SB 435, even parked motorcycles can be cited if the EPA stamp cannot be seen by an investigating officer.  The California bill started out as a smog prevention bill but did not receive support because of associated costs and enforcement problems. That didn't deter the sponsor, Senator Fran Pavley, who morphed the bill into a noise abatement bill instead, counting on public support because of the rampant noise complaints aimed at motorcyclists. In New York, a concerned Michelle Medina wrote to John LaCroix, Compliance and Innovative Strategies Division of the EPA, and asked about the 40 CFR, part 205.169 regulation concerning the label requirement for mufflers. Mr. LaCroix wrote back on August 24, 2009, "The EPA regulates emissions, not noise. Check with the Department of Transportation."
  
  Ms. Medina inspected 76 motorcycles of various brands at dealerships in New York. Of these 76 motorcycles, an EPA noise emission label could not be found on 26 (34%). Additionally, 58% of the models did not have a readily visible EPA stamp, per 40 CFR, sec. 205.169. Furthermore, none of the inspected cycles conformed to the color contrast provision making them all illegal under 40 CFR, 205.169 (d).
  
  The EPA label requirement is a manufacturing requirement only, and nothing in Title 40 prohibits the end user from removing the label. Yet, SB 435 seems to place the burden on the consumer for having and maintaining the EPA label.  That becomes even more ironic in light of a new development concerning ATV's.  The EPA on July 1, 2010, withdrew permission to import and sell up to 200,000 ATV's manufactured in China because they many not meet clean-air standard in this country. But if you already have one of the questionable ATV's, according to EPA spokeswoman Cathy Milbourn, "A consumer who owns a model that was covered by these voided certificates is not responsible for these companies' wrongdoing and can continue to use the vehicle."
  
  It appears the consumer is not penalized for a potential air polluting ATV, but motorcyclists will be fined for not having a manufacturer required muffler label. Is this fair treatment or a double standard?
  

   

  　

   

   

  - 2 - 10

• Hoka Hey Challenge Over?

  The Hoka Hey Challenge is apparently over. There appears to be two winners, as two riders crossed the finish line at the same time. But, all records, gas receipts and documentation has to be verified, as well as drug testing and polygraphs before a winner is declared. Sounds like a lot of fuss, but the prize is $500,000 so you can see there is a lot at stake.
  
  Still, controversy is already surfacing as some are questioning whether the two riders completed the required distances, maintained proper speeds and stayed off of the Interstate highways, which was a rule. Check out the Cyril Huze Blog for some of the details and comments by some blog readers. - 3 - 10

• EPA Stamp on Exhausts Passes out of Committee in California

  SB 435, authored by California State Senator Fran Pavely, passed out of the Transportation Committee on Monday, June 28, 2010. The bill's author originally penned this as an anti-smog bill back in 2009, but it failed to get much support due to the costs associated with it, and the enforcement problems it would cause.  Not to be dissuaded, the anti-motorcycle senator rewrote the bill to address the noise issue. Basically, the bill would require all motorcycle exhausts to have an EPA stamp affixed by the manufacturer or face a $300 fine. No matter if the bike was running or parked, or if it was loud or quiet. The EPA stamp would be the determining factor for police to consider.
  
  Of course, finding the EPS stamp might prove a little difficult, Many manufacturers do not stamp their exhausts and haven't for many years. Even those exhausts with stamps are hard to see. Some bikes have to be nearly dismantled to determine if a stamp is there or not.  Another consideration is the fact that the California Vehicle Code, 27150 and 27151 already deal with noise and tampering of exhausts to make the bike louder.
  
  It is also troublesome to learn that ABATE of California, formerly opposed to SB 435, remained neutral on the issue during the hearing before the Transportation Committee.  Word is, the committee room and adjacent areas were packed with bikers, many of whom had negative comments aimed toward ABATE and its lobbyist, Jim Lombardo.  ABATE of California does claim some victory on its web page for getting a requirement of SB 435 removed from the bill. Any motorcycle, model year 2000 or later, would have been required to submit to biennial smog checks, the same as autos. ABATE claims they convinced the bill's author to remove that section.  ABATE also collected thousands of signatures on a petition opposing SB 435, yet when the hearing convened, ABATE remained neutral on the bill. That was embarrassing, according to at least one ABATE observer who was at the hearing. Many other bikers were upset about ABATE's lack of opposition at the hearing.
  
  The bill now moves to the Appropriations Committee. It remains to be seen if it will move to the full legislature for a vote later in the year. If successful, this bill could spell trouble for other states that might consider similar legislation. Meanwhile, there is an outcry building in the motorcycle community condemning the bill and accusing ABATE of California of not fighting for the bikers of California. - 4 - 10

• Hupy and Abraham, S.C. Hosts 40 Guests at Black-N-Blue Ball

  For the fifth year, Hupy and Abraham, S.C. purchased corporate tables and invited guests to the annual Black-N- Blue Ball at Milwaukee’s Midwest Airlines Center. This year, Greg Zaffke and his fiancé were guests at Attorney Hupy’s table. This event was held on Friday, May 6, the day a jury returned a verdict in the death of Greg Zaffke’s mother. After a woman who was painting her nails while driving a car killed his mother, Greg Zaffke started an organization called “The Black Nail Brigade”.

   

  This year, the firm had four tables and invited 40 guests to attend this premier event. Guests included members of ABATE of Wisconsin and A.B.A.T.E. Illinois, biker clients and friends. The event is always on the first Friday in May and this year was the 17^th Annual Harley-Davidson Black-N- Blue, raising a combined net contributions total to MDA of over $5.7 million. This year’s total of more than $508,000 surpassed last year’s total by $40,000.

   

  The bikers of America have supported MDA through various events sponsored by Harley-Davidson for years, benefiting over a million Americans with neuromuscular disease. The Milwaukee Black-N-Blue Ball is the most successful event of this type in the country. It’s a fun event where corporate CEO’s mingle with street bikers, all attired in black leather and blue denim. There is no class distinction at this gala event. Everyone comes together to help raise money to find a cure.  This year, more than 1,200 people attended. Hupy and Abraham, S.C. partner, Jason Abraham, has been a member of the steering committee for several of the past Black-N-Blue Ball events.

   

  Funds from the Black-N-Blue Ball assist 600 local families affected by neuromuscular diseases. There are specialized MDA clinics at Children’s Hospital of Wisconsin and Froedtert Lutheran Memorial Hospital, as well as MDA support groups, summer camps and the Association’s durable medical equipment loan program. 77% of every dollar raised goes directly to research, healthcare services and education. Hupy and Abraham, S.C. is proud to help this worthwhile cause by supporting the Black-N-Blue Ball.

   

  - 5 - 10

• ABATE of Wisconsin 35th Anniversary DVD Available

  On October 9-10, 2009, ABATE of Wisconsin celebrated its 35^th Anniversary. Founded in 1974 by Hupy and Abraham, S.C. lead investigator, Tony “Pan” Sanfelipo,  an historical remembrance and party was planned to coincide with the ABATE State Meeting in Wisconsin Rapids.

   

  Hupy and Abraham, S.C. sponsored the comedian, Bag Lady Sue, who entertained everyone with her adult brand of biker humor.  The law firm also hired an independent videographer who documented the anniversary event.  Hupy and Abraham, S.C. then had the video edited and produced and provided copies of the finished product to ABATE at no cost to the organization. It is hoped that ABATE can sell the video to interested members and friends to help raise money for some of the projects ABATE works on throughout the year. Contact ABATE of Wisconsin at (715) 284-7415 for status on the videos.

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• Lawmakers Push for Ethanol Mandate

  The Environmental Protection Agency says it may decide by this fall whether car engines can handle a proposed increase in the blend of ethanol in gasoline. Right now, the blend is 10%, but an increase to 15% is being considered. This delay in making the rule change has upset some senators, but it should be noted that the senators all come from states that would benefit from increased ethanol production.
  
  Motorcyclists are upset too. Not because of the delay but because of the proposed increase in the ethanol blend.  The testing being conducted by the Energy Department is being done on newer cars (built after 2007) and no mention of any tests on motorcycles or air cooled engines has been made. What happens to cars built before 2007 or motorcycle engines with the increase percentage of ethanol?  There have been claims that motorcycle engines run much hotter with the 10% blend already, and there are other concerns also. Some people claim that they get much poorer fuel efficiency, even with Hybrid cars. Most ethanol is produced from corn and an increase in production as a biofuel will dramatically increase food prices and create food shortages.
  
  Congress has already required refiners to blend 12.9 billion gallons of biofuels in 2010, of which 12 billion gallons would be ethanol. With this anticipated increased production, you can understand why ethanol groups are upset over the EPA's delay in the rulemaking process. Still, the concern over what the affects of increased ethanol will have on small engines is valid.  The EPA says it will conduct tests on cars built before 2007 after the current testing on later model cars is completed. That doesn't answer the question about small engines and air cooled motorcycle engines. As for the food price increase and shortage, supporters of ethanol say that won't be a problem in coming years, when ethanol could be made from other substances like woodchips or algae. Tell that to some starving children and hope they understand. - 7 - 10

• Wisconsin's Next Governor Promotes Tourism by Motorcycle

  For the seventh consecutive year, Milwaukee County Executive Scott Walker led a group of avid motorcyclists on his annual Executive’s Ride.  And for the seventh consecutive year, Hupy and Abraham, S.C. lead investigator, Tony “Pan” Sanfelipo was his Head Road Captain.  Tony was chosen as Head Road Captain because of his vast experience in marshalling rides like this, specifically his Head Road Captain duties since 1995 for the Tommy Thompson Governor’s Ride.  To help promote a safe ride, Hupy and Abraham, S.C. provided free Conspicuity vests for the Road Guards with the Watch for Motorcycles message on them.
  

  Milwaukee County Executive Scott Walker and Tony "Pan" Sanfelipo
  
   

  The group ride started out in Milwaukee with executives from Air Tran riding up front with County Executive Scott Walker. Also joining the ride was State Representative Mark Honadal and Waukesha County Executive Dan Vrakas. Visit Milwaukee president, Paul Upchurch, joined the Air Tran riders along with Congressional Medal of Honor Recipient, Gary Wetzel.  The weather was perfect for riding the tree lined roads of southern Wisconsin.  There isn’t a better way to tour this state than the seat of a motorcycle. The brand of choice for most riders was Harley-Davidson, no surprise there since Harley is located in Wisconsin, at least for the time being. It’s hoped the state can find a way to keep Harley-Davidson here.  The company is struggling and the current tax situation, which has forced other companies to move, is becoming an increasing problem for Harley-Davidson.

   

  Over 100 bikers rolled their throttles through southern Wisconsin, Rockford, Illinois and Dubuque, Iowa, while Walker spoke to local media about the attractions in Milwaukee County, like our award winning County Parks, winner in 2009 of the National Gold Medal Award for Excellence in the Field of Park and Recreation Management.

   

  The riders stayed mostly on rural roads and highways, witnessing the beauty Wisconsin’s small towns have to offer.  The rich scenery along the Great River Road, homemade ice cream in Hudson, healthy cranberry delights in Warren and more.  There was an abundance of unusual attractions along the way, including the Fred Smith Concrete Park in Phillips and the rescued Bald Eagle that greeted the riders at the visitor’s center in Prescott.  The group even ventured into St. Paul, Minnesota and Menominee, Michigan, making this a five state tour to promote tourism in south eastern Wisconsin.

   

  We wish Scott Walker all the best in his bid for governor. It would be great to have another motorcycle riding governor in Wisconsin. That could prove very beneficial to motorcycle awareness campaigns, helmet choice, funding for safety programs and efforts to keep Harley-Davidson in Wisconsin.

  - 8 - 10

• Women in Motorcycling

  By Jo Giovannoni
  Events Coordinator
  City Limits Harley-Davidson, Palatine, IL
  
  Women motorcycle riders have been around since motorcycles were created but their numbers really started to increase during the mid-‘80s. Let’s step back and look at some ladies that are truly pioneers of women in motorcycling.

  In 1916, women didn’t have the right to vote nor were they considered equals to men. That didn’t stop Augusta and Adeline Van Buren from becoming the first women to take a solo transcontinental motorcycle ride. Sponsored by Indian and Firestone Tires, the sisters made their own leather pants outfits for their adventure. But, again, it was 1916, and they were arrested several times between Chicago and Utah for wearing pants in public! Their solo ride began on July 4^th in Sheepshead Bay, New York and ended on September 8^th in Los Angeles, California accumulating 5,500 miles over hazardous roads. Adeline and Augusta set many records including becoming the first women to ride motorized vehicles to the summit of Pikes Peak along the way.
  

  
  Augusta and Adeline Van Buren
  
  
  
  The first girl to grace the cover of Harley-Davidsons Enthusiast magazine was 20-year-old Vivian Bales. In 1929, Vivian took a 5,000 mile solo journey to explore the U.S.A. Remember the early 1900s did not offer such luxuries as expressways, reliable machines, credit cards, shock absorbers, electric starters, numerous service stations or even proper riding gear.

  In the 1930s and 1940s African-American Bessie Stringfield made numerous solo cross-country trips in America. There was a lot going against women riders in the early 1900s and Bessie had to fight racism as well. She rode her motorcycle in the Deep South at a time when it wasn't safe to do so. At the age of 16 Bessie was riding a 1928 Indian Scout. At 19, she began tossing a penny over a map and riding to wherever it landed. Bessie covered the 48 lower states and during World War II, Bessie worked for the army as a civilian motorcycle dispatch rider. She went on to own 27 Harleys and often mentioned, "To me, a Harley is the only motorcycle ever made."

  You’d be hard pressed to find someone in the motorcycle industry who never heard of Dot Robinson. Dot and her husband Earl ran a successful Harley dealership in Detroit. Dot once told me she was on a motorcycle before she was born. When Dot’s mother went into labor, her father, James Goulding, loaded his pregnant wife into a sidecar rig that he made (Goulding sidecars) and sped off to the hospital. When Mom and baby Dot were ready to come home, Dad picked them up in the sidecar rig. Born in 1912, in Melbourne, Australia Dot’s life would always revolve around motorcycles.

   

  Dot was well known in the racing circuit earning her first trophy in 1930 at the Flint 100 Endurance race. In 1940, Dot and Linda Dugeau co-founded the oldest still functioning women’s riding organization, the Motor Maids. Back in the early 1930s, Dot fought to be included in some races and this helped open the door for other women in organized motorcycling competition. Dot rode her pink Harley-Davidson until she was 85 years old.

   

  I met Hazel Kolb, the Motorcycling Grandma, in the mid-1980s. We rode to Hannibal, Missouri to interview Hazel for our publication Harley Women magazine (1985-1997). Hazel, the mother of four, enjoyed riding with her husband Jack. In 1979, a few years after Jack passed away, Hazel decided to ride the perimeter of the United States, alone, on her 80-inch H-D Electra Glide.

   

  The number of women riders was growing, but in 1979 they were still pretty rare. Harley-Davidson stepped up to help Hazel with her ride and the company’s public relations department arranged newspaper and television interviews along her route. This lead to numerous news interviews and articles including “Good Morning America”, and an appearance on Johnny Carson’s “The Tonight Show”. In 1983 Hazel co-authored a book about the ride and her life titled “On the Perimeter”. Hazel’s perimeter ride covered nearly 15,000 miles and included more than 300 interviews, giving a tremendous (and needed) boost to the image of motorcycling along the way.

   

  Times certainly have changed much to the thanks of all these female motorcycle pioneers. Today, women account for more than a third of the attendance in many beginners’ riding courses. Harley-Davidson promotes Ladies of Harley (L.O.H.) through their Harley Owners Group (H.O.G.). Numerous clubs and organizations for women riders can be found around the world. Women are no longer an oddity in the motorcycle industry or on the road.

   

   

  - 9 - 10

• Hupy and Abraham, S.C. Attorney gets $725,000 Settlement for Cyclist

  In 2006, an avid bicyclist in Chicago had her life turned upside down when, while turning a corner on a clear and sunny mid-July day, she suddenly lost control of her bicycle on what turned out to be a large accumulation of power steering fluid.  She sustained a serious fracture to her femur requiring two successful surgeries to rejoin the bone.  The power steering fluid came from an Acme Brick and Supply Company truck parked a block away from the scene of the accident.  While the insurance carrier for the brick supply company conceded that the power steering fluid was from their insured's truck, they denied that it was the cause of the accident, or that it had accumulated on the roadway as a result of any negligence on the part of their insured.  Thus, they denied the claim outright and refused to make any offers to compensate the bicyclist for her severe injuries.

  The injured bicyclist came to Hupy and Abraham for help.  Northern Illinois A.B.A.T.E. Board Member, Attorney Pete Naylor, filed a lawsuit on her behalf.  In May of 2010, as a result of extensive discovery that revealed significant flaws behind the insurance carrier’s original stance, Attorney Naylor was able to obtain a $725,000.00 settlement for his client without a trial.

  - 10 - 10

Chad A. Kreblin

online at

visit superlawyers.com

Michael F. Hupy

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visit superlawyers.com

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