Brown & Little, P.L.C. » Bikers’ Rights

What’s Wrong With The Current Approach To Biker Profiling

I’ve been closely following legislation and lawsuits regarding biker profiling for over a decade. In that time, Arizona’s motorcyclists’ rights organizations have been giving it more and more attention. I think it’s fair to say that, for many or maybe even most bikers, it is the single most pressing issue they feel those organizations ought to be addressing right now. In many ways, I’m inclined to agree. I hear new stories about police telling business owners not to allow patches in their establishments almost every day. As a criminal defense attorney, I represent clients who are clearly targeted by officers simply because they ride. Even after charges are filed, bikers are regularly treated far more harshly. In the City of Mesa, for instance, there is … Read entire article »

Filed under: Bikers' Rights

For Your Protection

I spent some of my afternoon yesterday in traffic court. The criminal counts in a client’s case had been dismissed by the prosecutor, but the civil count remained. The court set it for a civil traffic hearing regarding my client’s alleged violation of A.R.S. 28-964(A). He was charged with riding a motorcycle in Mesa in September while wearing a helmet with the visor up. I’m not so sure that’s illegal. I pulled up to Mesa’s nice new courthouse and parked in their nice new parking garage. When I walked up and opened the heavy metal and glass door, it felt expensive. Inside, I took off my belt and put it in a tray along with everything in my pockets. A few chubby security guards … Read entire article »

Filed under: Arizona Statutes, Bikers' Rights, Courts, Police

Reacting to Tragedy

Last Friday marked the start of Arizona Bike Week. Tragically, before the second day of events had ended, the local motorcycling community lost one of its shining stars. Kimmy Chapman, founder of a national publication for bikers and by all accounts a great person, was killed by a 22-year-old in an SUV who claimed he didn’t see the bike she was on when he failed to yield the right of way. ABATE, one of Arizona’s motorcycle rights organizations, issued the following official statement in response to the tragedy: ABATE of Arizona, Inc. 7509 N. 12th St, #200 Phoenix, AZ 85020 ABATE OF ARIZONA STRONGLY CHALLENGES THE DECISION OF ARIZONA LAW ENFORCEMENT IN RIGHT OF WAY COLLISION FOR IMMEDIATE RELEASE: March 28, 2011 Contact: Ross Rutherford, President, ABATE of Arizona, Inc. president@abateofaz.org (928) 925-4204 On Saturday, March 26, … Read entire article »

Filed under: Bikers' Rights, Legislation

Marketing to Bikers

I follow Susan Carter Liebel on Twitter. She’s the creator of Solo Practice University, a website that’s supposed to be “the #1 web-based educational and professional networking community for solo lawyers and law students.” Yesterday, I noticed she put up the following with a link: “Adam Gee teaches you How To Market To Bikers in his newest class.” Intrigued, I clicked the link. I couldn’t find anything about the content of the course though, so I went to Adam Gee’s page at SPU. There, I saw the following under his syllabus: Marketing to Bikers: Developing a Motorcycle Practice * Indirect Marketing Techniques * Direct Marketing Techniques * Blogs, social media and books I think SPU is a great idea, and … Read entire article »

Filed under: Bikers' Rights, Clients, lawyers, Marketing

The Motorcycle That Could Not Be

I recently finished working on a pro bono forfeiture case. The short story is that a guy puts a new engine and forks on a 1970s Harley Davidson in California in 1991. He registers it in California, and they give it a new VIN because the new motor serial number doesn’t match the frame. This is a common practice for motorcycles. My client enters the picture in 1992 or 1993, when he buys the motorcycle. He registers it in California and operates it for years with no issues. He moves to Massachusetts and registers it with no problem. In 2004, he moves to Arizona to be closer to his children and grandchildren. When he takes the bike to the Arizona MVD in 2007 (he didn’t ride … Read entire article »

Filed under: Arizona Statutes, Bikers' Rights

Another Fumble by Congress, An Awesome Act of Defiance by Malcolm Smith

The Consumer Product Safety Improvement Act of 2008 bans items for children that contain a certain amount of lead. It’s a seemingly great idea to protect kids, but unsurprisingly, the way Congress wrote it causes ridiculous effects. The Act makes it illegal to sell ATVs and motorcycles to children under 12 because the children might eat the battery terminals, the frame, or tear apart the brakes and lick enough lead to kill or harm them. I’m not sure why kids are incapable of eating Mom’s car battery, which in almost all cases would be easier to get to than a bike or ATV battery, but no one asked me. Lead, while obviously a poor meal, is instrumental as an alloy in the manufacturing of certain materials. … Read entire article »

Filed under: Bikers' Rights, Government Rants, Legislation

The Myrtle Beach Dilemma

There’s been a good bit of news lately about Myrtle Beach trying to rid itself of bikers. I expected to hear a lot about it from bikers (here’s an account from a biker who engaged in a bit of civil disobedience), but I was pleasantly surprised to see at least one member of the blawgosphere pick up on the story as well (check out posts from Bobby G. Frederick here and here). Anyone who knows me or has had a look around my firm’s website realizes that both Adrian and I are avid bikers. I donate a lot of my time to fellow bikers and bikers’ rights organizations, so this Myrtle Beach business is right up my alley. Strangely, I don’t know what I’d recommend. On one … Read entire article »

Filed under: Bikers' Rights, Government Rants, Legislation

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