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Jul 16
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Ethanol in the Courts and in Congress

By General Posts

In the last few weeks, the ethanol industry has suffered two major court case defeats. Earlier this month, the D.C. Court of Appeals struck down the Environmental Protection Agency (EPA) rule allowing for year-round sales of E15. In May 2019 the EPA issued a rule change ending a summer ban on the sale of E15 blend. Provisions of the Clean Air Act have prohibited the sale of certain fuels with a higher volatility from June 1 through Sept. 15, including E15. The court ruled that Congress did not intend to allow ethanol blends higher than 10% to be sold year-round and that the EPA overstepped its authority by implementing the change.

Not surprisingly, in response to the court ruling, a bipartisan group of lawmakers from major corn producing states introduced a bill Wednesday that aims to allow the year-round sale of gasoline containing 15 percent ethanol. U.S. Senators Amy Klobuchar (D-MN) and Deb Fischer (R-NE) and U.S. Representatives Angie Craig (D-MN) and Adrian Smith (R-NE) introduced bipartisan bills to permit the year-round sale of E15. The bill was cosponsored in the Senate by Tammy Baldwin (D-WI), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Joni Ernst (R-IA), Chuck Grassley (R-IA), Roger Marshall (R-KS), Jerry Moran (R-KS), Mike Rounds (R-SD), Tina Smith (D-MN) and John Thune (R-SD). In the House Representatives, Cindy Axne (D-IA), Rodney Davis (R-IL), Dusty Johnson (R- SD) and Mark Pocan (D-WI) were all original cosponsors of the bill.

This legislation faces a tough road ahead in Congress with a diverse set of stakeholders and lawmakers opposed to increased ethanol mandates. The Motorcycle Riders Foundation applauds the court for striking down the year-round mandate and will work with like-minded groups to oppose legislation that would reopen the door to the year-round sale of E15.

To read what pro ethanol Senators are saying about their bill and the need for year-round E15 click here. To read what pro ethanol Representatives are saying on the topic click here.

Also in June, the U.S. Supreme Court ruled 6-3 in favor of a small Wyoming refinery that had previously been granted waivers from the EPA to comply with blending requirements of the Renewable Fuel Standard (RFS). The RFS, passed by Congress over a decade ago, recognized that small refiners face unique economic challenges to comply with ethanol blending requirements.

Congress delayed implementation of some requirements for small refiners and created a waiver process run by the EPA. During the Trump Administration the number of waivers given to refineries increased greatly and the ethanol industry sued to rescind some of the waivers. The decision by the Supreme Court last month opens the door for continued use of these waivers by refiners to avoid blending their fuel with ethanol.

Visit https://mrf.org/

Feb 27
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E-bikes that look like motorcycles take another hit in Canada

By General Posts

by Maryse Zeidler from https://www.cbc.ca

Appellant’s lawyer says his client relied on Motorino XMr for affordable transportation

The British Columbia Court of Appeal has upheld a B.C. Supreme Court ruling that e-bikes designed to look and function more like mopeds or scooters do not meet the province’s definition of a motor-assisted cycle and therefore require a driver’s licence, registration and insurance.

The case was brought forward by Ali Ghadban, who was issued a ticket in Surrey, B.C., in 2018 for riding his Motorino XMr without a driver’s licence and insurance. He said he wasn’t able to obtain them from the provincial insurer, ICBC.

Two of the three Appeal Court justices assigned to the case agreed with the B.C. Supreme Court judge’s decision from May 2020 that found although the Motorino XMr is outfitted with pedals, limited power and a maximum speed of 32 km/h, it doesn’t qualify as a motor-assisted cycle because it’s not designed to be operated primarily by human power.

At the heart of the issue are the XMr’s small pedals, which Court of Appeal Justice Harvey M. Groberman agreed would do little to propel the nearly 115-kilogram bike. Groberman said the XMr is designed to almost exclusively operate as a low-powered electric motorcycle, or as “a very heavy, impractical bicycle.”

Although the XMr meets many of the technical requirements of a motor-assisted cycle as defined in B.C.’s Motor Vehicle Act, Groberman wrote, it doesn’t do so in practice.

“If a piece of legislation defines ‘cat’ as ‘a small four-legged furry mammal that purrs,’ we would not expect that definition to include a dog fitted with a loudspeaker that plays a purring sound,” he said.

Affordable, environmentally friendly

Lawyer Dan Griffiths, who represented Ghadban in the case, said his client is a man of modest financial means who relied on the bike to get around.

“He was excited to find a transportation option which was affordable and which also had the added benefit of being environmentally friendly as well,” Griffiths said.

Ghadban, 35, does building maintenance for homeless shelters on the Downtown Eastside, Griffiths said, and has never had a driver’s licence. His client intends to take the case to the Supreme Court of Canada.

But Erin O’Mellin, executive director of cycling advocacy group HUB, said the decision is a step in the right direction.

O’Mellin said there’s a lot more danger associated with electric scooters than actual bicycles, regular or electric — especially if they’re sharing infrastructure such as bike lanes.

“[Electric scooters] are much heavier and they move at a much faster speed, so the consequence of a collision with this kind of scooter and someone on a regular bicycle would be much more dramatic,” she said.

Outdated laws

B.C.’s Motor Vehicle Act hasn’t been updated in 50 years, O’Mellin said, and it doesn’t deal with all of the the new electric mobility devices that have come onto the consumer market in that time, including electric standup scooters and skateboards.

She said it’s important that devices such as e-scooters be included so that drivers are aware of their responsibilities.

“If you have a larger, faster-moving vehicle, there’s more onus on you to have training to make sure that those roads are safe for all users,” O’Mellin said.

In a written statement, the Ministry of Public Safety said the province and the provincial insurer, ICBC, “are examining impacts with respect to products now confirmed by the courts to be non-compliant to operate on public highways, such as the Motorino XMr.”

After the B.C. Supreme Court decision in May, ICBC made a few subtle changes to its webpage on motor-assisted cycles.

The latest version no longer includes an image of what looks like an electric scooter alongside an e-bike under the subheadings “electric bikes” and “motor assisted cycles.”

Thousands of customers

Steve Miloshev, owner of the Motorino store in Vancouver, said the decision is disappointing because so many of his clients rely on e-scooters for transportation — especially during the COVID-19 pandemic, when many people want to avoid public transit.

“I am upset for the thousands of our customers who have invested thousands of dollars in their clean transportation,” he said in an email to CBC News.

Miloshev said he believes his scooters and the customers who use them have been unfairly targeted, compared with devices such as electric standup scooters.

However, those scooters were never legal on B.C. roads.

Miloshev said he intends to focus his business on the “countless” new technologies that are available.

“As a company that pioneered light electric transportation in Canada, we are very optimistic in the evolution of environmental and practical solutions for transportation,” he said.

Sep 15
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U.S. judge approves revised EPA Harley-Davidson emissions settlement

By General Posts

by David Shepardson from https://www.reuters.com

WASHINGTON (Reuters) – A U.S. judge late on Monday approved a revised settlement with Harley-Davidson Inc over excess emissions that dropped a requirement that it spend $3 million to reduce air pollution.

In August 2016, the Milwaukee-based motorcycle manufacturer agreed to pay a $12 million civil fine and stop selling illegal after-market devices that caused its vehicles to emit too much pollution.

It also agreed to spend about $3 million to retrofit or replace wood-burning appliances with cleaner stoves to offset excess emissions.

The Justice Department in July 2017 cited a new policy by then-U.S. Attorney General Jeff Sessions and an ongoing review of the penalty by a government auditor in proposing to drop the $3 million mitigation project.

More than four years after the settlement was announced, U.S. District Judge Emmet Sullivan approved the settlement over the objections of environmental groups and a group of 10 states, including New York, Illinois, Maryland, Vermont, Washington and Massachusetts.

While the earlier agreement “containing the mitigation project might have been the ‘best’ resolution of

Harley-Davidson’s alleged violations, the court cannot say that the decree lodged before the Court is not within ‘the reaches of the public interest,’” Sullivan wrote in approving the consent decree.

Harley-Davidson and the EPA did not immediately comment Tuesday.

The settlement resolved allegations that Harley sold about 340,000 “super tuners” enabling motorcycles since 2008 to pollute the air at levels greater than what the company certified.

Harley-Davidson did not admit liability and has said it disagreed with the government, arguing that the tuners were designed and sold to be used in “competition only.”

Even though the settlement had not yet taken effect, Harley-Davidson has said that since August 2016, it sold only tuners certified by the California Air Resources Board and halted sale of the tuners in question and destroyed tuners returned by dealers.

Jul 06
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A Citizen’s Guide to Recording the Police

By General Posts

First Amendment Protections for Journalists and Bystanders
By the team at First Amendment Watch

Sixty-one percent of the U.S. population lives in states where federal appeals courts have recognized a First Amendment right to record police officers performing their official duties in public. The U.S. Supreme Court has not ruled on the issue. As a result, legal protections are fully secure only in those jurisdictions where federal circuits have issued a ruling.

However, given the resounding support so far for this First Amendment protection, it seems highly likely that the remaining federal appeal courts would reach the same conclusion if the issue appears on their docket.

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Feb 29
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Ex-Vagos Motorcycle Club leader: ‘Romeo saved my life that night’

By General Posts

by Rio Lacanlale from https://www.reviewjournal.com

Vagos Motorcycle Club leader Robert Wiggins lay on the casino floor staring down the barrel of a gun as two rival Hells Angels members stomped on his body. Wiggins thought he was going to die.

So did Ernesto “Romeo” Gonzalez.

Moments later, Gonzalez opened fire, killing Jeffrey Pettigrew, the man aiming a gun at Wiggins.

“Romeo saved my life that night. There hasn’t been a day that goes by I haven’t thought about him,” Wiggins, now 66, recalled in a phone interview Tuesday, one day after Gonzalez and seven other Vagos members were acquitted of all charges in a federal racketeering trial centered around that shooting.

That September 2011 night changed everything, Wiggins told the Las Vegas Review-Journal, and eventually, he left the club.

The rival motorcycle clubs crossed paths that night inside the Nugget hotel-casino in Sparks during Street Vibrations, an annual motorcycle festival. Around 11:30 p.m., a brawl broke out on the casino floor after Pettigrew picked a fight with Vagos members.

Video captured by casino security cameras shown during the lengthy Las Vegas trial showed Pettigrew drawing his weapon first and shooting alongside Cesar Villagrana, another Hells Angels member. Two people already had been shot by the time Pettigrew and Villagrana zeroed in on Wiggins, who had lost his balance and fallen during the chaos of the fight.

“If Romeo was a police officer, there would have been a parade for him,” Wiggins said.

Instead, seven years later, Gonzalez would be among nearly two dozen reputed Vagos members indicted in connection with a laundry list of violent crimes characterized as a broad criminal conspiracy dating to 2005 and spanning more than a decade.

At the time of his death, Pettigrew was president of the Hells Angels chapter in San Jose, California.

“Pettigrew really needed to be stopped that night,” Wiggins said this week. “He shot two people, and he was on the prowl, looking to kill somebody else.”

Wiggins last saw the man he credits with saving his life in December, when he testified on his behalf during the trial.

“It was something I had to do for him,” he said.

Wiggins, who lives in Southern California, said he’s lost touch with Gonzalez over the years but hopes the two will reconnect in the future. Gonzalez declined to comment following his acquittal, and efforts to reach him for this story were unsuccessful.

“My heart really goes out to Romeo,” Wiggins said. “I’m just happy these guys are able to go home, put it past them, and get back to life. That’s what really important here.”

Feb 07
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Vagos Motorcycle Club trial to resume later in this month

By General Posts

Defendants Bradley Campos, left, Diego Garcia and Cesar Morales depart the Lloyd George U.S. Courthouse following opening statements in a federal racketeering trial for eight Vagos Motorcycle Club members on Aug. 12, 2019, in Las Vegas.

by Rio Lacanlale from https://www.reviewjournal.com

A lengthy federal racketeering trial against eight Vagos Motorcycle Club members will take a weeklong break after four days of closing arguments, which initially were expected to wrap up this week.

Arguments will continue Feb. 18 due to a conflict in U.S. District Judge Gloria Navarro’s schedule. The Las Vegas trial began in July.

Between Monday and Thursday, jurors heard from federal prosecutor Daniel Schiess and five of the eight men’s defense attorneys.

On trial are Vagos members Pastor Fausto Palafox, Albert Lopez, Albert Benjamin Perez, James Patrick Gillespie, Ernesto Manuel Gonzalez, Bradley Michael Campos, Cesar Vaquera Morales and Diego Chavez Garcia.

The men previously pleaded not guilty to charges of conspiracy to participate in a racketeering enterprise, murder, and using a firearm to commit murder during and in retaliation to a crime. Each faces up to life in prison if convicted.

The charges stem from a 2017 indictment accusing Vagos members of a slew of crimes dating to 2005 and spanning more than a decade, including the 2011 fatal shooting of a Jeffrey Pettigrew, a rival Hells Angels gang member in Sparks.

Under the racketeering charge, in addition to the 2011 killing, the defendants are accused of robbery, extortion, kidnapping and possession of narcotics with the intent to sell.

Arguments this week from both sides reiterated two different versions of the 2011 shooting previously told to the jury.

Schiess spent nearly three days carefully laying out the most significant evidence presented during the trial, arguing that the killing was both an authorized hit by Palafox, the international president of Vagos at the time, and part of a broader criminal conspiracy.

But according to the defense, Gonzalez, accused of being the shooter, was “acting in the defense of others” when he fired the fatal shots. Michael Kennedy, his attorney, said Pettigrew and another Hells Angels member were “actively shooting” inside a casino after picking a fight with Vagos members.

The defense also has argued that the government’s case was largely built on lies from Gary “Jabbers” Rudnick, an ousted member who received immunity for his testimony against his former allies. In September, the government’s star witness admitted to repeatedly lying on the witness stand after testifying for three days that Vagos members had plotted the killing.

“They have asked you to convict Ernesto Gonzalez and these other men on first-degree murder and racketeering conspiracy on the word of a man whose reliability they questioned,” Kennedy said.

Dec 18
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Prescott man gets 4 years in prison after high-speed chase on stolen motorcycle in Ohio

By General Posts

from https://www.dcourier.com

ZANESVILLE, Ohio — A 20-year-old Prescott man was sentenced to four years in prison after leading officers on a high-speed chase through two counties in Ohio last week.

Andrew Johansen was sentenced Monday after pleading guilty to three felony counts.

According to prosecutors, some time before Dec. 11 Johansen answered an ad for a motorcycle for sale in Canton, Ohio. He asked to test drive the motorcycle and drove away with the bike.

On Dec. 11, an officer tried to stop a silver Honda motorcycle on I-70 in Cambridge, Ohio. The driver, later identified as Johansen, refused to comply and sped away, reaching speeds of up to 130 miles per hour.

After leading officers and state troopers on a high-speed chase that continued on and off the interstate and through heavy traffic, Johansen eventually lost control of the motorcycle and was taken into custody, police said.

In a statement to media, Ohio State Patrol said they suspected the cold weather affected Johansen’s ability to control the bike. According to the statement, Johansen’s first words to law enforcement were, “I’m cold.” Officers on the scene noted that Johansen was shivering and displayed symptoms of hypothermia at the time of his arrest.

According to Arizona court records, Johansen has a criminal history in Arizona. Since 2017, he has been charged with unlawful flight from pursuing law enforcement, fraudulent schemes and artifices, shoplifting, trafficking in stolen property, failure to appear in court and possession or use of drug paraphernalia. The past charges were filed in Prescott Valley and Yavapai County.

Due to a recent conviction and probation status in Arizona, Johansen agreed to waive his investigation and move to sentencing. He was sentenced to four years for failure to comply, receiving stolen property and obstructing official business.

According to a report by the Zanesville Times Recorder, Johansen apologized to the court and his family at his sentencing hearing.

“I’ve hit rock bottom and I have a long road ahead of me in incarceration,” Johansen said. “I hope to use it to my benefit.”

Aug 03
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Extra staff hired, jail space prepared for Sturgis motorcycle rally

By General Posts

STURGIS, S.D. — Law enforcement agencies in Meade and Pennington counties are hiring more officers, temporarily opening a second jail and keeping a courthouse open seven days a week for the Sturgis motorcycle rally and the hundreds of thousands of free-wheeling visitors it will attract over the next several days.

“We’re already busy,” Sturgis Police Chief Geody VanDewater said before the rally officially began Friday, Aug. 2.

VanDewater wouldn’t say how many temporary officers he hires but said they come from South Dakota, North Dakota, Colorado, Minnesota and other neighboring states. Some are working the rally for the first time while others, like one officer who is returning for his 41st rally, are repeat visitors.

Permanent officers will continue to work 12-hour shifts with no days off during the 10-day event, VanDewater said.

Meade County Sheriff Ron Merwin also hires temporary deputies, mostly relying on the office’s own reserve deputies and officers with Game, Fish & Parks. The Pennington County Sheriff’s Office hired eight deputies from South Dakota and neighboring states and will also have about 10 of its reserve deputies working full-time, said Chief Deputy Willie Whelchel.

The eight temporary deputies are assigned to two-person foot patrols in the office’s contract communities of Wall, New Underwood, Keystone and Hill City, Whelchel said.

The Rapid City Police Department didn’t hire extra staff and isn’t requiring its officers to work overtime as they have in past years, said Captain James Johns.

During the rally, the Meade County court remains open during the weekends and the old jail — located in the basement of the courthouse across the parking lot from the new jail — is reopened, Merwin said. Extra staff from the area is hired to help the corrections officers, but they don’t carry handcuffs or weapons.

The old jail has large group cells made of “old iron bars” and “doors that clang and bang” that hold about 25 people, Merwin said. When people are arrested, they’re first brought to the old jail to be booked and detained until their court date the next morning. Guards take away their belts and shoes for safety reasons, but let them wear their street clothes. If defendants can’t make bond, they’re moved to the new jail.

“Every day, we clean out the old jail and get ready for a new batch,” Merwin said. “It is quite a procedure. It’s been working for years and everybody is pretty conscientious about everybody’s rights, and we try not to do anything different than we do any other time of the year.”

The Pennington County court functions as normal during the rally and while no extra jail staff is hired, workers aren’t allowed to take vacation or do any special training, Whelchel said.
Enforcement priorities

“You name it, we have it here,” VanDewater said about the crimes he sees during the rally.

But he said the most common issues Sturgis police officers deal with are people parking where they’re not allowed to, followed by drunken driving and drug use.

Cars and motorcycles illegally parked in alleys, handicap spots and other off-limits areas are ticketed and towed to impound lots, the police chief said. “If we just leave them there, we’re not fixing the problem.”

“We allow officer discretion. We just ask that the issue is addressed,” VanDewater said when asked if his officers have to let some violations slide since they’re so busy. “We give more verbal warnings than we do citations.”

VanDewater said officers may give warnings to people urinating in public, carrying open alcohol containers and breaking traffic rules by speeding or not wearing a seat belt. But anyone charged with violent crimes or DUIs will be arrested.

“They will go to jail, and we don’t need them hurting themselves or especially someone else,” he said of drunken drivers.

James said most of the Sturgis activity in Pennington County takes place outside city limits, on the highways, and in Wall and the Mount Rushmore areas. Rapid City officers are mostly focused on road safety and noted some popular stores and venues, such as the Harley-Davidson dealership in Rapid City, provide their own security. He said the department’s goal is to make sure things go smoothly and seem normal for those who work and live in Rapid City.

Pennington County deputies focus on traffic safety and stopping drunken drivers as they prepare for six or seven major motorcycle rides that cross through the county, Whelchel said. Deputies make sure they’re visible and stationed around the county so they can quickly respond to emergencies.

“We want to be able to save lives. That’s our goal every day we come to work,” he said.

Whelchel and James agreed that it’s important to distinguish between those who are recklessly breaking traffic laws and those who may make a mistake because they’re tourists who aren’t familiar with the area.

“We got to help educate folks and guide them,” Whelchel said.

James and VanDewater said they’re not worried about how the rally will be impacted by South Dakota’s new law that says permits aren’t needed to carry a concealed weapon. They said officers are already trained to act as if anyone could be armed.

May 31
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Hells Angels bikers banned by Netherlands court

By General Posts

A court in the Netherlands has banned the Hells Angels biker club because of its culture of violence.

The court in the city of Utrecht ruled that the group was a danger to public order and the rule of law.

It referred to several violent clashes over the years with rival motor gangs, like the Bandidos.

It is unclear whether the Hells Angels will appeal against the verdict. The group was founded in 1948, and now has thousands of members around the globe.

In Wednesday’s ruling, the Utrecht court stated that “the violence is often so serious and causes so much social unrest that it can be considered in contravention of social order”.

The court specifically referred to Hells Angels Holland and the global organisation to which it belonged.

The verdict makes the Netherlands the first country to outlaw the entire club – and not just some of its local branches, known as chapters.

The Hells Angels club was founded in California. Its members around the world are known for favouring Harley-Davidson bikes and wearing denim and leather.

Mar 07
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Texas Man Charged with Unlawful Carry Solely for Being a Bandido

By General Posts

The MPP has heavily reported on the recent trend of individuals being arrested for possession of handguns merely for membership in a motorcycle club. This includes individuals with no criminal records and License To Carry holder’s. The MPP has even issued a travel warning to motorcyclists traveling through Texas.

One such case against a member of the Bandidos Motorcycle Club (Ashley Becker) in Lubbock, TX continues with a refiling of charges for Unlawful Carry for mere membership in the club, which authorities label a criminal street gang.

Law enforcement and prosecutors should dismiss all such cases in the name of justice because they rely on an unconstitutional application of statute which ignores the basic principle of personal guilt.

Texas Penal Code 46.02, the statute prohibiting gang members from carrying weapons, is being misapplied to individuals simply for being members of motorcycle clubs. Take Ashley Becker, who was originally charged with Unlawful Carry and suspicion of possessing a controlled substance in Lubbock, Texas in 2018. The weapon wasn’t illegal, and no crime was committed. He was arrested under 46.02 for being a Bandido in possession of an otherwise legal weapon. The alleged controlled substance, after being tested multiple times, turned out to be inconclusive.

While prosecutors make no admission that they misapplied statute 46.02, they filed a motion to dismiss. The motion reads, “The interest of justice cannot be served through further proceedings in this matter.”

Although the 2018 indictment was dismissed without prejudice, on February 9, 2019 charges were refilled against Becker on the Unlawful Carry charges. The affidavit identifies Becker’s membership in the Bandidos as the only probable cause for arrest.

Authorities persist despite absurd, unconstitutional interpretation of law.

Despite the fact that their interpretation of statute is unconstitutional and in violation of established state and federal rules of evidence, law enforcement and prosecutors persist in wasting public resources targeting individuals like Becker for participating in Constitutionally protected expression and association. This absurd interpretation of 46.02 would mean that carrying a weapon is unlawful for any individual that is a member of the Bandidos Motorcycle Club, with no other evidence, even with a License to Carry.

“If this seems outrageous, your instincts are correct. The MPP, after conducting cursory research on 46.02, has identified precedent, Ex Parte Flores 483 SW 3d 632 (2015), that clearly articulates how law enforcement is currently misinterpreting and misapplying Texas statute in violation of the basic rules of evidence and the US Constitution.”

“Law Enforcement and prosecutors should immediately cease and desist misapplying Texas statute. Applying Texas Penal Code 46.02 to members of clubs with no criminal records, and even LTC’s, would chill 1st Amendment Association and ignore the doctrine of personal guilt, “a cornerstone of American Jurisprudence.”

In the name of justice, prosecutors in Lubbock should again file a motion to dismiss all charges against Becker, this time with prejudice. Furthermore, prosecutors and law enforcement in El Paso, Dallas, and across the state of Texas should follow suite.

http://www.motorcycleprofilingproject.com

After motorcycle clubs, who’s next?
Everyone should ask themselves, “After motorcycle clubs, who’s next?” Every large identifiable group has individuals that have committed crimes. Should your civil liberties be taken based on the actions of other individuals you associate with even if you had no involvement in criminal activity?

The blatant attempt to disarm the entire community regardless of an individual’s personal involvement in criminal activity will not stop with motorcycle clubs if authorities are successful. Every American should be deeply concerned about this assault on basic civil liberties. Unpopular speech, including unpopular association, is the most important speech to protect. Or so long has held the Supreme Court.