Latest News from Wisconsin & Illinois

Hupy and Abraham, S.C. Makes Pledge in Helmet Fight: Issues Challenge...Nationally Important Case

Posted on Aug 27, 2009

Posted 8/5/2009

Hupy and Abraham, S.C. pledged $5,000 to the ABATE of California Judicial Fund. This fund was set up to accept and administer donations to assist the judicial challenges to the California helmet law, most notably Quigley v CHP.

In pledging to support the fund, Attorney Hupy has issued a challenge to other attorneys to consider similar donations. “It is our way of continuing our commitment to the motorcyclist’s rights movement across the country,” said Attorney Hupy.

California enacted a mandatory helmet law in 1990, after resisting such legislation since the Safety Act of 1966, from which such laws were born. Since 1990, there has been a 17-year struggle in the courts to challenge the mandate. The most litigious of the dissenters was Richard Quigley, who died in September, 2007. Even though he has passed on, his case, Quigley v CHP continues with the four remaining plaintiffs, Steve Barron, Don Blanscet, Steve Bianco and Patrick Holmes. This case is scheduled to be heard in May, 2008, in the California Superior Court.

Leading up to the Quigley case, three other significant cases lend arguments to the debate and the rulings in these prior cases have direct bearing to the arguments in Quigley v CHP. Those cases are;

Buhl v Hannigan (1993) 16 Cal. App.4^th, 1612

Bianco v CHP (1994) 24 Cal. App.4^th, 1113

Easyriders Freedom F.I.G.H.T. v Hannigan, (9^th Cir. 1996) 92 F.3d 1486

The Quigley v CHP case is being handled by Wendy C. Lascher, of Lascher & Lascher, Ventura, California. Wendy is a certified specialist in appellate law, California Board of Legal Specialization.

The motorcycle community has been asked to come forward and support the court challenges in California by donating to the Judicial Fund. Attorney Hupy recognized the importance of this case and immediately pledged his support. ABATE of Delaware declared, “ABATE of Delaware is proud to represent the State that started this nation, and first on board with the desperately needed funds to maintain our freedom.” Delaware has issue a challenge to other SMRO’s to match what their little state has done.

Other chapters of ABATE have stepped up in support, as did many individuals. Freedom Fighter Hall of Fame members, Rev. John “Rogue” Herlihy and Tony “Pan” Sanfelipo have joined in support. Mike Osborn, ABATE of California Judicial Officer, Gary Hilderbrand, ABATE of Delaware Legislative Coordinator, Keith Ball, former Easyriders Editor and now owner of Bikernet.com and 5 Ball Racing is on board. Mark and Molly Infield, owners of The Carolinas’ Full Throttle Magazine support this fund, both financially and spiritually.

The call has gone out to the motorcycle community to come together in support of the California court challenges and the Judicial Fund.

We ask you to stand with us at this historic moment at which our log fought efforts to advance the constitutional indictment of FMVSS 218 based helmet laws will be tested. This landmark case deserves to receive the most forceful trial presentation, and that can only be accomplished if there is a well funded war chest.