SPRUNG - Harley-Davidson® Springer Enthusiast

[new information at bottom]

These Bills Could Be Used To CLOSE
Any Future Motorcycle Event

The information below is from the Drug Policy Alliance.

Congress Threatens Live Music and Dancing

Congress is considering two pieces of legislation that could effectively ban live music and dancing, while throwing innocent people like you in jail. If enacted, either bill could prevent you from hearing your favorite band or artist live. Every musical style would be affected, including rock and roll, Hip Hop, country, and electronic music. Both bills would allow overzealous prosecutors to send innocent people to jail for the crimes of others. The two bills are the RAVE Act (H.R. 718) and the CLEAN-UP Act (H.R. 834). Both could be passed this year without your help.

The RAVE Act would make it easier for the federal government to punish property owners for any drug offense that their customers commit even if they work hard to stop such offenses. If enacted, nightclub and stadium owners would likely stop holding events such as rock or Hip Hop concerts in which even one person might use drugs. Similarly, the CLEAN-UP Act contains provisions that would make it a federal crime - punishable by up to nine years in prison - to promote "any rave, dance, music or other entertainment event" that might attract some attendees that would use or sell drugs. In both cases, it doesn't matter if the concert promoter and property owner try to prevent people from using drugs. Nor does it matter if the vast majority of people attending the event are law-abiding citizens that want to listen to music not do drugs.

The RAVE Act was first introduced last year in the Senate by Senator Joe Biden (D-DE). A House version was introduced by Rep. Lamar Smith (R-TX). Thanks to the support of thousands of voters like you, Drug Policy Alliance and a coalition of friends and activists around the country was able to stop both bills last year. Unfortunately, supporters of the RAVE Act are even more determined to pass it this year. Rep. Howard Coble (R-NC) is sponsoring a new RAVE Act in the House. Additionally, Senator Biden has introduced a Senate version entitled the Illicit Drugs Anti-Proliferation Act.

If enacted, both the House RAVE Act and the Senate Anti-Proliferation Act would make it easier for federal prosecutors to fine and imprison business owners that fail to stop drug offenses from occurring. Businessmen and women could be prosecuted even if they were not involved in drugs - and even if they took steps to stop drug use on their property. Although proponents of the bill are seeking to target raves (and DJs, nightclub owners, and rave promoters have the most to fear), the law would apply to any business owner, including bar owners, motel owners, concert promoters, and cruise ship owners. Because of its broad language, the proposed law would even potentially subject people to twenty years in federal prison if one or more of their guests smoked marijuana at their party or barbecue.

For more information on the RAVE Act and Drug Policy Alliance's campaign to stop it, see: The Musician's Guide to Drug Policy Reform.

Click here to read the full text of H.R. 718.

The CLEAN-UP Act was also first introduced last year, but it failed to make it out of committee. This year's bill has over 60 co-sponsors and could become law without your help. Sponsored by Rep. Doug Ose (R-CA), the Clean, Learn, Educate, Abolish, and Undermine Production (CLEAN-UP) of Methamphetamines Act is largely an innocuous bill that provides more money and training for the clean up of illegal methamphetamine lab. Hidden within the bill, however, is a draconian section that could make dancing and live music federal crimes.

Section 305 of the CLEAN-UP Act stipulates that:

`Whoever, for a commercial purpose, knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place where the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.'

Under the provision, any concert promoter, nightclub owner and arena or stadium owner could be fined and jailed, since a reasonable person would know some people use drugs at musical events.

Click here for the full text of H.R. 834.

Check out the Drug Policy Alliance and take action!

Too Late !!!

Sen Joe Biden (D-Del.) 'snuck' it into the AMBER Act two days before the vote.

And I quote from Salon.com: "Your glow stick could land you in jail" By Janelle Brown
Event Promoters could get up to 20 years in jail and a $250,000 fine if participants do drugs.


For what it's worth (fwiw) I did not put this information here because it pertained to drugs. If that is what you thought, then you may be interested to know lawyers have determined, "Taken literally, the law is so broad that letting people smoke marijuana at a private house party could be a federal felony." and you should be reading this.

I put this information here because one of my old organizations has produced 'free events' for the past 30 years in major cities, some for the government, and I believe this law can be used for other things; for example, motorcycle events ('vest/patch regulations'/etc. recently imposed at 'certain motorcycle gatherings' and some events considering closing for good).

This law, since it's acceptance, has been used to stop events during their planning, because 'a few' did not like the 'philosophy' of event coordinators.

Interested? Search for::: Rave Act Political Intimidation

Media Release
Sean and Gina Marcus
Marcus Events Unlimited, LLC
Phone: 203-748-5611 ext. 338
Toll Free: 800-243-2511 ext. 338
Fax: 203-748-5639
E-Mail: marcusevents@comcast.net

Cycle Sunday at Marcus Dairy Cancelled

Because of complaints registered by the Danbury Fair Mall, managed by Wilmorite Holdings, L.P., on behalf of its tenant stores and requirements imposed by the City of Danbury, we regret that the Cycle Sunday events scheduled for April 18th, July 11th and October 3rd 2004 are canceled. This would have been the 15th year for the event.

Rather than allow motorcyclist’s to park in their overflow parking areas, the Mall chose last year to barricade their entrances. This caused more congestion and apparently resulted in a significant loss of business to the tenant stores.

It is not known at this time which of the mall stores complained. The major tenants at the mall are Filene’s, J.C. Penny’s, Lord and Taylor, Macy’s, and Sears. Complaints were also reported to Danbury police officers from Bed Bath and Beyond, Pier I, Sports Authority, and Strawberry’s.

Last year because of these events we were able distribute in excess of $75,000 to the attached listed charities, many of which have seen a reduction in income due to the economy and government cut backs. Since its inception, this event has distributed close to $500,000. We urge you to make contributions to any of them in honor of the great American pastime of motorcycling.

The Marcus Dairy Bar will remain open for business as usual, a motorcyclist’s destination since 1947.

List of Charities Receiving contributions from 2003 Cycle Sunday events:

Ability Beyond Disability
American Red Cross of Western Connecticut
Ann's Place, The Home of I CAN Cancer Support Services
C.A.R.D. Boost Program
Danbury Fire Department
Danbury Hospital Respiratory Camp
Danbury Hospital Center for Pediatric Medicine
Danbury Police Explorers
Danbury Public Library
Darrell Ruopp Fund
Dorothy Day Hospitality House of Danbury
Great Hollow Camp
Hanahoe Children's Clinic of Danbury
M.A.D.D. - Fairfield County Chapter
Miry Brook Volunteer Fire Company 13
The News-Times Campership Fund
Police Athletic League
Regional Hospice of Western Connecticut
Regional YMCA of Western Connecticut
Shelter of the Cross
St. James Food Pantry
Susan G. Komen Breast Cancer Foundation
Tarrywile Park Authority
The United Way of North Fairfield County
Women's Center of Greater Danbury

Organizations given free space at our 2003 Cycle Sunday rallies:

100 Miles of Hope Fund
(Promoting a fundraiser for breast cancer research)
American Cancer Society
(Promoting a motorcycle run to raise funds for the organization)
Association of Recovering Motorcyclists
(International organization for those recovering from addiction)
Beacon Hose Company #1
Bikers Against Drunk Driving
Blue Knights CT1
(Club comprised of law enforcement personnel who ride)
Candlewood Valley Corvette Club
(Local club of corvette car owners, used space for raffle)
Christian Motorcycle Club
(Local branch of National club)
Civil Air Patrol
(Local organization)
Danbury Harley Owners Group
(Club promoting a fundraiser to benefit the Danbury Hospital Pediatrics Medicine)
Danbury Museum and Historical Society
Guardians Motorcycle Club
(Club comprised of Public Safety Officers)
International Order of the Blue Goose
(Organization involved in raising funds for student scholarships)
Jimmy Fund
(Organization for the fight against cancer in children's and adults)
Kent Volunteer Fire Department
(Volunteer Fire Department with fundraiser to benefit their firehouse)
New Windsor Fire Department
New York City Harley Owners Group
(Club promoting a fundraiser to benefit breast cancer research)
Newtown Rotary Club
(Local branch of International Civic Organization with fundraiser to eradicate polio)
Pine Island Fire Department
Pyramid Shriners
(Local branch of National organization raising funds to support Shriners Children's Hospitals of North America)
Renegade Pigs
(National motorcycle club made up of Public Safety Officials)
Rolling Thunder
(National motorcycle club whose major function is to publicize the POW-MIA issue)
Thomaston Volunteer Fire Department
Vietnam Vets Motorcycle Club
(Local branch of National Club)
Women on Wheels
(International organization of women involved with motorcycle riding)

Harley Davidson Sued for Consumer Injuries

On January 14, 2003, in a unanimous decision, the Wisconsin Court of Appeals reversed the trial court's dismissal of the lawsuit, finding that plaintiffs had properly alleged the necessary elements of claims under the Wisconsin Deceptive Trade Practices Act and for common law fraudulent concealment.

The lawsuit was brought against the motor company by California resident Steven C. Tietsworth and four residents of Wisconsin. All are Harley-Davidson motorcycle owners with 1999 or early-2000 models equipped with Twin Cam 88 or Twin Cam 88B engines. They alleged that the TC-88 engine was defectively designed and potentially dangerous due to the propensity for premature cam failure, which causes sudden and total engine failure. This failure could result in economic and physical injuries, including out-of-pocket repair costs, property damages, and serious injury or death.

"We are gratified that the Court of Appeals recognized the merits of our case, and thrilled that our clients and all of the other consumers who bought and ride these motorcycles will have their day in court, and a chance to show that they got something less than what they paid for, commented Lisa Leebove, a partner in the San Francisco office of Leif Cabrasser Hermann & Bernstein, LIP, which is serving as counsel for plaintiffs. . "This is a tremendous victory for consumers. Now, we can move this case forward toward what we hope will be a successful resolution for our clients and the class."

The Court of Appeals held that Wisconsin law does not require Harley-Davidson owners to wait until their engines fail before they can bring claims for fraud or deceptive trade practices. The Court of Appeals held that it was sufficient that plaintiffs alleged that they and class members either would not have purchased the defective motorcycles if Harley-Davidson had not concealed from them and the public the defect, or that they would have paid less for the motorcycles had Harley-Davidson disclosed the alleged defect.

To read a copy of the appellate decision (in Abode Acrobat format), click here.

It is estimated that over 100,000 model year 1999 and early-2000 Harley-Davidson motorcycles were sold with the alleged defective TC-88 engine. These motorcycles include the Dyna Glide series (including the FXDX Dyna Super Glide Sport, FXD Dyna Super Glide, FXDL Dyan Low Rider, and FXDS-Conv Dyna Convertible), the FL Touring series (including the FLHT Electra Glide Standard, the FLHTC/FLHTCI Electra Glide Classic, the FLHTCUI Ultra Class Electa Glide, the FLHRCI Road King Classic, and the FLTR/FLTRI Road glide), and the Softtail series models. Plaintiffs allege that Harley-Davidson knew and knows about the defect in the engines, and even sells a $500.00 fix kit designed to remedy the problem with the engines.

Leif Cabrasser is also investigating cases against Harley-Davidson resulting from high speed wobble. On September 13, 2002, the Raleigh, North Carolina News and Observer reported that a local police officer had lost control of his Harley-Davidson motorcycle after its front wheel began to wobble as he was passing a tractor-trailer at 85 mph, and died. A spokesman for Harley's corporate office said the company "is not aware of any issues with any of our motorcycles at this time."

The News and Observer, however, stated that other sources noted stability problems with the FLH series of Harley-Davidson, also known as the Electra Glide, Road King and Ultra Classic, which are widely used by law enforcement officers nationwide. "A Harley, when you get it to high speed, has what you call a high-speed wobble," Sgt. R.N. Stallings of the North Carolina Highway Patrol was quoted as stating. In an otherwise glowing article in 1999, Motorcycle Consumer News described "an oscillation in the chassis that keeps the bike from feeling steady, both while cornering and at elevated speeds." The writer attributed the problem to an offset between the front and rear tires.

Riders of Harley motorcycles who suffered injuries allegedly due to high speed wobble and would like to learn more about their legal rights, please click here to contact an attorney at Lieff Cabraser. All messages and your personal information will be held strictly confidential.

Lieff Cabraser is a national law firm with offices in San Francisco, California, New York, New York, Washington, D.C. and Nashville, Tennessee. They are recognized for successful prosecution of individual and class action lawsuits involving personal injuries and property damage due to defective products, ranging from faulty building and home products to faulty cars, tires and computer devices. To learn more about the firm, visit their website.

New Motorcycle Emission Standards Set
AP Tue Dec 23, 9:49 PM ET
WASHINGTON - The Environmental Protection Agency (news - web sites) on Tuesday set the first new emission standards for highway motorcycles in 25 years, and the first standards for small scooters and mopeds.

EPA said it would reduce pollution from motorcycles, which produce more harmful exhaust per mile than cars or large SUVs, by about 54,000 tons of hydrocarbons and nitrogen oxides per year. Hydrocarbons react with nitrogen oxides and sunlight to form ground-level ozone, a key component of smog.

The agency said the regulations, which were proposed last year, also would save about 12 million gallons a year of gas escaping from vehicles' fuel hoses and fuel tanks.

" These new rules significantly advance pollution standards for motorcycles," EPA Administrator Mike Leavitt said.

Starting in 2006, manufacturers of highway motorcycles, small scooters and mopeds will be required to reduce emissions of those two chemicals by 60 percent by using improved technologies such as secondary air injection, electronic fuel injection systems and catalytic converters.

Starting 2008, manufacturers also will be required to better control fuel loss through fuel hoses and tanks.

The new emission controls are estimated to add about $75 to the $10,000 average cost of a motorcycle by 2010.

Highway Motorcycles Final Rule

EPA adopted new emission standards for highway motorcycles on December 23, 2003. These new standards will reduce the combined hydrocarbon and nitrogen oxide emissions in the exhaust by 50 percent as well as the harmful health effects of mobile source air toxics.

New Smog Standards Set For Highway Motorcycles

What will this new EPA rule mean to me?

From the Motorcycle Riders Foundation web site:

What will this new EPA rule mean to me?

If you are going to buy a new motorcycle at your local dealer, the only things you may notice are that by the 2006 model year, most motorcycles will come with fuel injection and will require special diagnostic tools for service work. Some may have catalytic converters in the exhaust pipes. Both are in use in some models already. There has been no change to the “anti-tampering” provision of the Clean Air Act.

How will this rule affect the motorcycles I already own?

These new EPA regulations only apply to motorcycles built for 2006 and later. You will not be required to retrofit your current motorcycles to make them comply with the new rules.

Can I modify the engine or exhaust on my 2006 or later motorcycle?

The new EPA rule contains the same language that the old rule contained about this subject – modifying your motorcycle's engine or exhaust is considered “tampering.” The Clean Air Act, Section 203(a) states that it is illegal, “for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle in compliance with regulations under this title prior to its sale and delivery to the ultimate purchaser or after such sale and delivery to the ultimate purchaser.”

Can I still build my own custom motorcycle?

Starting in 2006, it will be legal for you to build your own custom motorcycle. In the new EPA rules this is called a “kit bike” and it will not have be to tested to verify that it conforms to the new emissions standards. There are, however, some very specific rules that will apply to your kit bike.

* You are only allowed one emissions-exempt kit bike in your lifetime.

* You may not sell your once-in-a-lifetime emissions-exempt kit bike for five years after its final assembly.

* You may have someone else assemble your kit bike for you as long as you have purchased the components prior to the start of the assembly.

* You cannot build your kit bike by modifying a factory-built motorcycle that was certified to meet EPA emissions standards. You must start with a new engine and frame.

* Under the existing rule, all kit bikes are supposed to be tested and certified to meet the 1979 EPA rules.

* An EPA-exempt kit bike can be used on the road without any travel restrictions.

What is meant by “one exempt kit bike for a lifetime?”

This refers to the wording of the new EPA rule that allows for the construction of your kit bike and it refers to your lifetime. You are allowed one EPA-exempt kit motorcycle that has no restrictions on how and where it may be used under this rule. The exemption is for the motorcycle owner's lifetime. When and if a new rule comes out that addresses engine certification, the lifetime exemption may be rewritten.

Do I have to assemble my EPA exempt kit bike myself?

No, you do not have to assemble your kit bike yourself. You can pay someone else to assemble your kit bike after you purchase the “kit” or components that will be assembled into the final motorcycle.

Can I build EPA-exempt kit bikes and sell them?

Under this rule, building EPA-exempt kit bikes and selling them to other people would not be allowed. The ultimate owner must own the components before the assembly process begins. You can build as many kit bikes as there are people who are willing to pay you to assemble their components. People or businesses that purchase kit bikes to assemble and then sell them are not covered under this exemption, but may be able to use the “custom motorcycle” exemption explained later in this document.

What happens if my EPA-exempt kit bike is wrecked or stolen?

The way this new EPA rule is written now, you would not be able to replace your stolen or destroyed EPA-exempt motorcycle. You are only allowed one EPA-exempt kit bike in your lifetime under the new EPA rule.

What if a court orders me to sell my EPA-exempt motorcycle?

Under this federal law, you are not allowed to sell your EPA-exempt kit bike for five years after the date of final assembly, even in case of death, bankruptcy, or divorce. After five years, your EPA-exempt motorcycle can be sold. If you do sell your EPA-exempt kit bike, you will not be allowed to own another exempt kit motorcycle.

Will I be able to build my one EPA-exempt motorcycle whenever I choose?

That is going to depend on how the EPA looks at the data California brings to the process in 2006. The California Air Resources Board (CARB) has similar rules that take effect in 2004 and will be up for review in 2006. The EPA is planning to review this data and other exemptions when CARB reviews the effectiveness of their regulations. When that review is completed, the EPA may choose to regulate all motorcycle engine manufacturers at that time so that all engines, including those built by the aftermarket industry, will be required to meet the EPA's emissions standards when they leave the factory. If they decide on that course of action, they feel the exemption for kit bikes will no longer be needed because there will only be EPA-compliant engines available for builders. The California process will not have anything to do with the exemption. When and if the EPA sets standards for engines, the kit exemption would likely go away.

Are there any other exemptions that might affect me?

There is one other type of exemption that will apply to riders, and that is the “custom motorcycle” (CM). This is like the kit bike in that it does not have to meet the EPA emissions standards, but different in several other important ways. A builder may build 24 or fewer per year and sell them commercially by notifying the EPA and including a tag somewhere on the motorcycle stating: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSIONS REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407-78(c). The 25th and all subsequent motorcycles built that year by that builder must all comply with the new emissions standards. An individual can own as many of the CM exemption motorcycles as he/she can afford. However, there are severe restrictions on how and where they can be used on the roads. Use on public roads is limited to display purposes, such as traveling to and from motorcycle shows. This could be a show in your hometown or a show on the other side of the country. The distance does not matter, only the reason for the travel.

Do I have to buy the components for my CM before the assembly starts?

No, the builder can buy all the parts and build the motorcycle before he/she even has a customer for it. However, when done in this manner, the travel restrictions will apply to this motorcycle for as long as this rule is in effect. The motorcycle will have to comply with the restrictions on public road use.

Will there be limits on how many miles I can ride my CM?

No, the only limitation is the display purpose clause. The CM is not supposed to be used as a daily ride; it is intended to be a show bike that can only be ridden to shows or displays.

Where can I obtain additional copies of this document?

You can download and print as many copies of this document as you need by visiting the MRF website at www.mrf.org/epa.php and scrolling down to the link entitled “EPA For The Layman.” There is access to a downloadable pdf version of this document located at the bottom of that page.

Who should I contact for more information about the new EPA rule?

Dave Dwyer
MRF Government Relations Assistant

Mayor plans campaign to quiet Bike Week
February 20, 2005
Source: http://www.news-journalonline.com

DAYTONA BEACH -- Mayor Yvonne Scarlett-Golden plans to launch a new campaign and theme aimed at quieting the roar of Bike Week in March.

The "Ride Quietly, Please" promotion will be announced in a press conference at 4:30 p.m. on Monday at The Wreck Bar and Grill on Main Street.

"We're trying to put the message out that we welcome our visitors; we encourage them to have fun, but please ride quietly," Scarlett-Golden said.

The mayor brought businesspeople and residents together to plan and pay for promotional materials including signs and posters to get the "ride quietly" message out.

A volunteer Friendship Team will pass out information, and leaflets will be distributed to Neighborhood Watch organizations.

"We want to saturate the city," the mayor said.

The campaign is modeled after the "It's All About Respect" campaign she launched last year and plans to repeat during Spring Break and Black College Reunion this year to combat lewd behavior during the youth events.

Frank Heckman, chairman of the Beachside Neighborhood Watch, said a committee from the mayor's Collegiate Events Task Force decided the ride quietly theme might play better with older biker visitors than the respect campaign used during youth events. It also gets to the root of the problem.

"The number one problem with biker events is noise," he said.

Heckman said he expects the mayor's campaign will help reduce noise. He said similar campaigns in recent years with yard signs urging bikers to ride quietly have resulted in fewer complaints about noise.

Dave Hood, an attorney and partner in The Wreck Bar and Grill on Main Street, heads up the committee that put together the ride quietly campaign. The committee hopes to raise $35,000 in donations from businesses and residents to pay for the campaign.

Hood said businesspeople want to work with residents to solve problems such as noise stemming from special events.

"The real problem is bikers who are hot-dogging instead of riding in an appropriate way," he said. "We've got to keep trying. It's not satisfactory for businesses to ignore the problem."


We oppose bill on motorcycle noise
February 21. 2005 8:00AM
Source: Concord Monitor

There is a hearing before the House on Tuesday at 10:30 a.m. regarding motorcycle noise. This bill did not come about because of Motorcycle Week. It came about from statewide noise complaints during the riding season.

The Laconia Motorcycle Week Association is strongly committed to educating people about excessive noise. We consider this to be noise pollution.

For two years, we have written articles in the Laconia Rally News promoting the slogans Ride With Respect and Keep It Quiet. These are not new phrases but ones seen in Daytona and Sturgis, where the other two national rallies take place.

We are sensitive to the effects of loud noise on residents, visitors and animals, and we strongly encourage those who ride to be responsible and reasonable.

Although we will continue our media efforts to encourage people to Keep It Quiet, we respectfully disagree with House Bill 326. One tenet would outlaw straight pipes and those with no baffles. Another would outlaw any motorcycle that reads over 110 decibels at a distance of 10 feet or more based on a nationally approved sound meter. These are straightforward.

However, the first section of this bill states that it will be a violation for anyone to modify a motorcycle's muffler so that it is louder than the original from the factory. This section is subjective and does not require a sound meter. It also doesn't state that the changed muffler system would have to be over 110 decibels in order to be a violation.

We plan to attend this hearing and speak against this bill.

(The writer is director of the Laconia Motorcycle Week Association.)

Motorcycles; noise level equipment; unauthorized equipment
Arizona Revised Statutes
Source: Arizona State Legislature

28-955.01. Motorcycles; noise level equipment; unauthorized equipment

A. A person shall not operate or as an owner permit the operation of a motorcycle in this state that is not equipped with the manufacturer's original muffler or other original noise reduction equipment or with a replacement muffler or replacement noise reduction equipment capable of reducing the noise levels below the maximum operating noise levels established by the department pursuant to section 28-955.02.

B. A person shall not use a muffler cutout, bypass or similar device on a motorcycle operated in this state.

S&S Cycle responds to Harley-Davidson Lawsuit
Thursday, March 24, 2005
Source: http://www.dragbike.com/

S&S Cycle responds to Harley-Davidson Lawsuit

S&S Cycle was recently named in a lawsuit brought by Harley-Davidson concerning alleged infringement of several Harley-Davidson patents and trademarks. The lawsuit was brought in Federal Court in the Eastern District of Wisconsin. Delkron, Inc. was also named as a defendant in this lawsuit. The patent infringement portion of the lawsuit is aimed at certain twin-cam engine parts that S&S is marketing. Harley-Davidson did not name any S&S customers as defendants.

S&S has reviewed the issues raised in Harley-Davidson's complaint and believes they are without legal basis. S&S respects the intellectual property rights of others and the S&S products at issue in this lawsuit were the result of S&S's own engineering designs. S&S does not have any connection to Delkron in this action and does not believe that Harley-Davidson had any basis to name them and Delkron in the same lawsuit.

While S&S would obviously prefer never to become involved in these kinds of disputes, they understand that as they continue to grow, there is always a possibility that they will become the target of lawsuits.

"It is a great disappointment that Harley-Davidson is taking legal action against us," said S&S President, Brett Smith. "My grandfather, George Smith, helped found the V-Twin performance aftermarket industry in the mid-1950s and assisted Harley-Davidson with their Bonneville record run in 1970. We have always felt that a mutually beneficial relationship existed between S&S and Harley-Davidson; our 145-Tribute project in 2003 is evidence of that-100 years for Harley-Davidson and 45 years for S&S and the performance aftermarket." Smith went on to say, "We do not understand why after all this time Harley-Davidson is raising these claims. Whatever the reason, this lawsuit will not affect our continued commitment to be the premier provider of Proven Performance components to the V-Twin aftermarket."

Please direct any questions regarding this lawsuit to Brett Smith or Brian Conyers, Senior Manager of Communications & Marketing.

S&S Cycle has been a leading manufacturer of Proven Performance V-Twin motorcycle components and engines for over 45 years. George Smith and Stanley Stankos founded the company in 1958 in Blue Island, Illinois . Shortly after the founding of S&S, George, and his wife Marjorie (whose maiden name was also Smith), bought out Stanley Stankos and Smith & Stankos became Smith & Smith (S&S). In 1969, S&S moved from Blue Island to Viola, Wisconsin and expanded to La Crosse , Wisconsin in 2004. This 3rd generation business supplies components and/or engines to several large custom OEs including: American Ironhorse, Arlen Ness, Big Bear Choppers, Big Dog, BMC, Bourget Bike Works, Hellbound Steel, Rucker Performance, Swift, Titan, Ultra, Vengeance, & Victory (please see the S&S website for a complete listing).

For more information, please contact Brett Smith or Brian Conyers . The S&S website is located at www.sscycle.com

Galveston D.A. Says Benefit Fund Raiser Illegal

GALVESTON) - District Attorney Kurt Sistrunk called on organizers of a motorcycle Poker Run, to cancel the event following a complaint from a citizen.

The event was scheduled to help with expenses of a seriously injured Galveston County Sheriff's Deputy, injured on duty in a car crash.

A poker run is an event in which motorcyclist pay to enter, then ride a designated route, making scheduled stops along the way. At each stop, usually a restaurant, bar or other business place, the rider draws a card. At the end of the run, the rider with the highest and lowest hands, split a cash prize.

The D.A. says that following receipt of the complaint he was advised by the Texas Attorney Generals Office that it amounted to illegal gambling. He said he then called the sponsors of the benefit and advised them of his finding.

Sistruck says he will seek a formal opinion from the A.G.so that future charitable events like this benefit will know how to procede lawfully.


How Can A Poker Run Be Illegal?

A motorcycle poker run that was to have benefited an injured sheriff’s deputy was canceled. District Attorney Kurt Sistrunk said he had no choice but to call sponsors to let them know that the attorney general’s office had said the event amounted to illegal gambling. He said a concerned citizen called to complain about the event.

I would like to know how a poker run is called illegal gambling when you have people doing all kinds of raffles and benefits?

They are all to benefit a person one way or another.

You have the Hitchcock police having a fishing meet to help benefit a person, but isn’t this still gambling?

If you just sit back and look — and read the paper — you’ll see that rich people gamble every day when they play the stocks.

Anyway you look at it, we all gamble, rich and poor.

Deloris Andrews


Melinda Moore

Photo: Melinda Moore
The Press Democrat Article published - Sep 27, 2005

Friends mobilize widespread hunt

Web site helps motorcycle riders' round-the-clock search for Melinda Moore


Two women seated at a dining room table inside Melinda Moore's Santa Rosa home Monday juggled frequent calls on their cell phones with writing updates on laptop computers.

Strewn across the table were Bay Area maps and opened bags of Reese's peanut butter cups, fuel for Moore's weary friends as the search for the 40-year-old woman enters its second week.

Moore vanished last Monday after kissing her fiance goodbye and riding off on her motorcycle from the home the couple shares on Saddlehorn Court.

While missing person cases are fairly common, police say few generate the grass-roots coordination that has gone into the search for Moore, whose disappearance has drawn attention across the Bay Area.

Much of the credit belongs to her friends, including Emily Park of Oakland, who sat at Moore's dining room table Monday, logged onto www.northbaysportriders.com, a Web site for motorcycle enthusiasts that has proved essential in the search.

Through the Web site, Moore's friends have done what police say they aren't equipped to do, organizing searches on roads across a huge swath of the North Coast using teams of motorcycle riders and even an airplane.

" I think they're doing an outstanding job," Santa Rosa Police Sgt. Steve Bair said.

He said the Police Department takes numerous missing person reports every year, but few draw the attention Moore's has. He said the case also is unusual because Moore has no history of running off.

Police don't suspect foul play in her disappearance.

Despite the round-the-clock efforts of her friends, there was still no sign of Moore on Monday. Her fellow riders fear she may have crashed on a rural road. With each passing day, their concerns are magnified.

" It's hard to keep up that optimism," said Emily Wakeman, 25, who learned how to ride a motorcycle from Moore.

Known to her friends as "Big Red" because she stands 6 feet tall and has vibrant red hair, Moore left the house last Monday morning, ostensibly bound for a marketing class at Santa Rosa Junior College.

In hindsight, friends said it was odd that Moore wore her riding leathers when she left the house as opposed to more appropriate attire for class.

She also left behind her cell phone, school books and other essentials.

Police were still trying to confirm Monday that there had been no activity on her credit or debit cards since her disappearance.

Friends described Moore as an upbeat person. But she'd been depressed recently over some personal setbacks. Friends say it wouldn't be unlike her to ride off to clear her head. But they don't think she would deliberately harm herself.

" She would not have just disappeared," said Kim Davalos, who circulated fliers of Moore at gas stations while driving to Santa Rosa from Eugene, Ore., last week.

Park said all of Moore's favorite rides were "really dangerous" spots along twisty back roads near the Sonoma Coast.

But she said Moore would not take unnecessary risks, despite the fact her sport bike - a combination of a racing motorcycle and touring bike - could reach blistering speeds.

Using the Internet, Moore's friends organized two major searches for her last week. One was Thursday.

A second search on Saturday drew as many as 100 motorcycle riders from across the Bay Area and covered roads from Fort Ross to Mount Tamalpais.

Searchers also have gotten help from a private pilot.

Anyone with information is asked to phone police at 543-3590.

Melinda was found, Not good news


Missing biker drove off cliff by Fort Ross

Police say Santa Rosa woman's death an apparent suicide
Thursday, September 29, 2005

The search for a missing Santa Rosa motorcyclist came to a sad conclusion Wednesday with the discovery of Melinda Moore's body in a crevice on an 800-foot cliff near Fort Ross.

Authorities said the 40-year-old Moore had placed her helmet and riding gloves on a rock as a marker before gunning her red Aprilia Tuono motorcycle over the cliff's edge.

Halfway down, her body caught on a bushy outcropping. The motorcycle sailed on, smashing on the rocky beach.

"We're looking at this as an apparent suicide," Santa Rosa Police Sgt. Steve Bair said.

The discovery brought an abrupt end to a weeklong search that included hundreds of motorcyclists from across the Bay Area, private pilots, off-duty search and rescue personnel and a private investigator.

"Melinda's body and bike have been found. Our hearts and thoughts are with Melinda's family and friends," read the message on www.findbigred.com, a Web site created by her friends to share information and organize searchers.

Late Wednesday afternoon, a Santa Rosa police detective, a patrol officer and a chaplain arrived at Moore's Saddlehorn Court home to deliver the grim news to her fiance and about a dozen friends.

Mark Hindman, a motorcycle parts entrepreneur, had offered a $5,000 reward for information leading to Moore's whereabouts. He sobbed loudly when told his fiancee's body had been found.

Adam Wade, a friend from San Mateo, said, "To some extent it's a relief to know what happened. But it's obviously not the news anybody wanted to hear."

Moore, who had worked as a saleswoman at a Santa Rosa BMW dealership and was taking marketing classes at Santa Rosa Junior College, left the house last Monday, ostensibly bound for class.

Friends said she was depressed for a variety of reasons, including health issues and struggles at school. She also was absorbed in a lawsuit stemming from a motorcycle crash that broke both of her arms.

But that sadness seemed to be offset by a rich sense of humor. Moore was a member of the Bay Area Menstrual Cycle Club, an all-female riding group. A photo in her living room shows her wearing a T-shirt that reads, "Does my bike make my butt look fast?"

"Melinda was this huge Amazon woman, a bundle of energy," Wade said of the 5-foot-10 Moore, who was known as "Big Red" for her vibrant red locks.

Friends said Moore was there for other people in need and had counseled others out of taking their own lives. Nobody saw her final act coming.

Bair said an abalone diver stopped to pick up Moore's helmet and gloves after spotting them on a turnout of Highway 1 on Sept. 19, the same day she rode away from her home in Santa Rosa.

The Sebastopol man contacted authorities Wednesday after reading news reports of her disappearance. He led detectives to the site later in the day.

Bair said the spot where Moore died is known as "High Point" because the cliffs there are among the highest on the Sonoma County coast.

The area is about three miles south of Fort Ross on the twisty and scenic road, just the kind Moore liked to ride to clear her head. Bair said the cliff where she went over is on a turnout about 50 feet from the highway.

He said detectives spotted the body and motorcycle, which couldn't be seen from the road, after they hiked down a steep trail to the beach and looked back at the cliff.

The sheriff's helicopter was used to remove Moore's body using a long line and a litter. She was taken by van to the coroner's office in Santa Rosa.

She was still clad in her leather riding gear, Bair said.

Board recommends reinstating Janklow's law license
By Chet Brokaw, Associated Press Writer

PIERRE — The State Bar's disciplinary board recommended Tuesday that former South Dakota Gov. and U.S. Rep. Bill Janklow should regain his license to practice law next February.

If the state Supreme Court accepts that recommendation, it would mean Janklow would be reinstated to practice law about a year before his probation ends for second-degree manslaughter and other convictions related to an August 2003 crash that killed a Minnesota motorcyclist.

The state's highest court will have the final say about when Janklow can resume the practice of law. A hearing date has not been set.

Janklow's law license was automatically suspended after he was convicted of second-degree manslaughter for killing Randy Scott, 55, of Hardwick, Minn. Scott's motorcycle collided with a car Janklow was driving near Trent, north of Sioux Falls.

Janklow also was convicted of speeding, running a stop sign and reckless driving.

Circuit Judge Rodney Steele of Brookings gave Janklow a suspended imposition of sentence, which means the manslaughter conviction will be erased if he complies with all terms of his three-year probation. He also served 100 days in jail.

Janklow, who will be 66 in September, is seeking to have his law license reinstated immediately. He argues that he would present no danger to the public as a lawyer and that he should be allowed to practice law again so he can help people who need legal representation.

In testimony to the disciplinary board, Janklow said he still does not remember the accident but did not intend to run the stop sign. He also said it was wrong for him to speed frequently during his years in office.

"Oh, do I accept responsibility? Sure. There's a man that's dead. He didn't do anything wrong," Janklow told the board, according to a transcript of the board's hearing.

Parts of the transcript were not made public because they relate to the presentencing report, and such reports are confidential under state law.

The board said Janklow is remorseful and would not present a danger to clients if he resumed practicing law.

"Respondent's convictions do not reflect adversely on his fitness to practice law, his honesty or trustworthiness," the disciplinary board wrote in its recommendations to the Supreme Court.

In documents filed with the high court Tuesday, the board noted that Janklow had a reputation for speeding while governor but that circumstances did not appear to justify his speeding while carrying out his duties as governor.

Janklow's conduct reflected indifference to compliance with traffic laws and a disregard for the results and risks of that behavior, the board reported.

However, Janklow has a history of representing low-income people for free, and he would continue that practice if allowed to resume work as a licensed lawyer, the board said.

Janklow was attorney general for four years, governor in 1979-1986 and 1995-2002, and served one year in the U.S. House after being elected to Congress in 2002. He resigned from the House after he was convicted.

Janklow's probation is set to end early in 2007.

The board's recommendations call for Janklow to regain his license to practice law on Feb. 15, 2006 — about 26 months after his license was suspended. The license should be reinstated on condition that he comply with the terms of his probation and report any violations of traffic laws during that probation and for two years after probation ends, the board recommended.

If Janklow committed any traffic violations during that period, the board could recommend additional disciplinary measures.


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