southwest chapter of abate of florida february 2010 newsletter

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  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    So, you are probably

    wondering why thenewsletter looks dif-

    ferent this month.

    Frankie asked me to

    step in an help put

    together this tempo-

    rary replacement until

    we get our Editor

    back behind his desk.We ask that you keep

    Rob and Lyn in your

    thoughts and prayers.


    Temporary Change

    Hello everyone. As always, Ihope this newsletter finds all ingreat health and spirits.

    As of this writing, the annualchili cook-off is history and wehad a lot of fun this year as weenjoyed 8 separate entries in-

    cluding a late show by our veryown VP, Taylor. He had towork that day so he showed uplate and brought a bowl of chilifrom Jasons .

    The winners this year were asfollows we had Trick Rick witha first place entry this year fol-lowed by Scott and Janise withthe second place trophy andfinally Todd and Liz picked upthe third place spot. Thanks to

    all that helped to make this awonderful event for the South-west chapter special thanks toTaylor for all his input in thisevent and thanks also to Kellyfor stepping up and sellingtickets for us.

    There were many photosposted all over the place I'veseen them on bikers post andon Facebook and on theSouthwest site. So go checkthose spots and see what youmissed out on also while I'mthinking about it id like to takethis time to thank Dave andSteve from Southwest Cyclefor hosting the chili cook-offfor us and to my brother

    Eddie, and Rick and my sonFrankie for doing a fine jobwith the judging for us andalso to Eileen and Audrey forserving up the chili for all toenjoy thanks so much everyoneand watch for the up comingwing fling at Southwest cycle

    coming in the next couplemonths.

    We are as of this past weekback in the Lee County Schoolsystem and presenting ourMSAP for the drivers Ed stu-dents Birdie has done a finejob since taking over as safetycoordinator for the chapterand I trust she will continue todo an outstanding job for us in

    From the desk of the Chief

    Southwest Chapter ABATEFebruary 2010

    Volume XLIV, Issue XXXVI

    From the Vice Pres. 2

    Secretarys Report 3

    Chili Cook-off 4-5

    Membership Report 6

    Legislative Report 8

    Black Nail Brigade 12

    Welcome Home 15

    Inside this issue:

    Upcoming Events

    February 26th thru

    March 7th - Daytona

    Bike Week

    February 28th -

    Southwest Chapter


    February 28th -

    Swamp Cabbage Fes-

    tival in LaBelle

    Victory Lane Caf

    Bike Night every


    Celebrating our 29th Year

    Chartered Sept. 10th, 1980SMRO is an acronym for State Motorcycle Rights Organization. They are organizations

    comprised of individuals who are dedicated to insuring personal liberties in our legisla-

    ture. They are dedicated to maintaining the lifestyle of motorcycling by working legisla-

    tively to promote motorcycle awareness & road safety and regaining lost liberties.

    Rob Assenzio, Our EditorIn-Chief

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter



    Febru-arystatemeet-ing isonly acoupleweeksawayand I

    will be attending and will bringback info to the next chaptermeeting I have been informedby the states asst Sgt-at-Armsthat there is a problem withour inventory this year. I willlook into it and will also in-form you on the findings at the

    next chapter meeting.

    We will be opening nomina-tions in March for the upcom-ing elections in June so anyonewanting to step up and run fora board position please do nothesitate let someone know andget yourself nominated weneed help some of us havebeen here a long time it truly issomeone elses turn to step upand help fill these positions.

    We have a tough legislative

    agenda this year and as alwaysit will be a struggle we need toplan and to work together as ateam to get our voices heardup in the Capitol so please ifthere is anything you can do tohelp us in our struggle to benoticed and recognized let meknow I'm sure I can find some-

    way for you to help.

    In closing, I'm very thankfulfor so many things some thingsnot so important as others andsomethings not important atall to anyone but me, but onething I've learned in my lifethere are many whom callthemselves friends and thenthere are those that are friendsand I am blessed with verymany of the latter thanks to allof my friends you all knowwho you are without you guys

    it would be impossible for thischapter to prosper and growthanks again.

    Ride Safe,


    two more instructors.

    A special thank you goes

    out to Birdie and Smokey.

    Birdie for taking up the

    torch as our Safety Direc-

    tor, and Smokey for being

    right along with her and

    taking whatever abuse wecan throw at him.

    Were looking forward to

    having MSAP out at my

    place of work on the is-


    Since Im working week-

    ends, its as good a time


    Another month gone by.

    Lots of things happening.

    The rescheduled Fort

    Myers Bike Night, Cape

    Coral Bike Night, MSAP

    (Motorcycle Safety &

    Awareness Program) inthe Drivers Education

    classes in local schools.

    Im happy to say that

    Richie and I have become

    certified instructors with

    MSAP. Took some time

    and creative work sched-

    uling, but now we have

    as any to have my bike in

    the shop. Cant wait to

    have her back, and yes,

    for those of you who no-

    ticed, there will be new


    Anyway, again, keep an

    eye out for the touristsand snowbirds. Its get-

    ting more dangerous by

    the hour out there.

    Ride Safe

    Taylor ATM

    From the desk of the Chief, continued.

    From the Vice President

    Page 2 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Secretarys Report

    Location: Victory Lane


    Date: January 24 2010

    Called to order@ 10.30 am

    34 members

    1 guest

    Pledge Allegiance and mo-

    ment of silence.


    Frankie announces that wewill have our Chili cook-

    off and blessing of the

    bikes this afternoon. Eve-

    ryone is welcome to enter.

    Anyone who would like to

    become a MSAP instructor

    please let Birdie or Frankie

    know. We have a lot of

    classes set up. We have

    more than the rest of the

    chapters combined!

    Jan 31 Lee County Church


    Feb 21 Pre Daytona Party

    March 7 7th Annual

    Shriners Run

    Feb 26-March 7 Bike

    Week 2010

    April 16-19 Freedom

    Rights Rally

    April 18 2nd Annual

    Thunder Run Poker Run

    Vice President:

    Taylor is absent and ex-

    cused (work)


    Motion to except last

    months minutes was ac-

    cepted 1st by Gator and

    2nd by Scott.


    Motion to except last

    months treasurer report

    was accepted . 1st by

    Trudy and 2nd by Jerry


    Trudy thanks the meeting

    for the great turnout and

    welcomes everyone. We

    have 1 new member: Ed

    Kennedy. The state mem-

    bership has made some

    errors concerning our

    chapter. Trudy will contact

    the state to correct this

    matter. Trudy will be mak-

    ing reservations at the ho-

    tel for Leesburg Bike Fest.

    The cost is $79 per night.

    Anyone who wants to re-serve a room, contact



    CJ and Wayne Cerra have

    offered to be our products

    trustees. Thank you. We

    have some new products.

    We will have them at Vic-

    tory Lane on our weekly

    bike nights on Wednes-

    days. They will also try to

    get storage at Victory Lane

    for the products.



    See newsletter for report

    Safety Trustee:

    Birdie has been having a

    very hard time getting

    safety products. State re-

    quires a 2 month advance

    notice to order products.

    She wrote a letter to make

    a order. State did not

    honor this because it was

    not sent through email.

    Now she cant get what she

    needs until February. Piffle

    has offered to get her

    products through otherchapters

    New Business:

    Barbara will take over the

    newsletter starting in Feb-

    ruary. The newsletter will

    be on our website for all to

    read. She also tells us

    about Anita Zaffke who

    got killed riding her bike

    by a woman painting her

    nails as she was driving her

    vehicle. See the newsletter

    for details.

    Kelly does a 50/50 Ray

    Walters wins $ 14

    Motion to adjourn the

    meeting: 11.30 am 1st

    Trudy and 2nd by Smokie.

    The ride after the meetingwill go to our Chili cook-

    off at Southwest Cycles.

    Ride Safe, but have fun

    Liz Demskivan Hemme

    Page 3Southwest Chapter ABATE Volume XLIV, Issue XXXVI

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Page 4 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    3rd Place~Liz & Todd

    2nd Place~Janise & Scott

    1st Place~TrickRick

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Page 5Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    Southwest Chili Cook-Off and Blessing of the Bikes

    January 24th, 2010~Southwest Cycles, Cape Coral

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Welcome New Members:We hope that you choose toget involved with this grow-ing and fun chapter EdKennedy, Jr.

    Thanks for your renewals:Biffle Davis as a Life Mem-ber, Rick Tiner, and Ray Wal-ters.

    Expired and/or Delin-quent Members: If youknow any of these folks,please encourage them to

    REJOIN or renew withSOUTHWEST CHAPTER!!!Debra Barlow, Darlene

    Daniels, Matt Faulk, BillGear, Randall Glass, ScottMacPhee, James Terault,Ronald Cox, Peggy Litterello,Robert Litterello, MarciaPenn, and Cody Webster.

    If you are not receiving yournewsletter, or Masterlink,PLEASE CONTACT me tomake sure your informationis correct.

    Your membership expires onthe last day of your Anniver-

    sary month. Delinquent re-newals must be received nolater than the Chapter meet-

    ing of the month followingyour anniversary date in orderto maintain renewal status.Otherwise, you will be en-rolled as a new member.

    Anyone who would like torecycle his or her first yearpins in order to save theChapter money, PLEASEturn your pins into Member-ship. Thanks.

    Ride Safe and Free

    Trudy RabellMembership Trustee

    Membership Report

    Upcoming Renewals


    Larry Dobransky

    Forest Glover

    Terry Lanyon

    Ernest Maroon

    Bob Miller

    Ray Steel

    Trudi Steel

    Kenneth Thomas


    Gary Bellaire

    Barbara Hollow-


    Larry Hollopeter

    Rob Sample

    Frank Story


    Joel R. Bachuber

    Scott R. Brown

    Larry Crews

    Tom Greenfield

    Patrick Jablonski

    Marion Ward

    Page 6 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Southwest Chapter Life Members

    Darrell BarnettDenee Bartels

    Scott Blink

    Chet Butz

    James Burkholder

    Nora Burkholder

    Don Campbell

    Frances CazesJonathan Conant

    Terry Covington

    Audrey Cran

    Maggie Cran

    Rick Cran

    Rob Cran

    Robert CruzCrusan

    Ginny DAsti

    Biffle Davis

    Mary Dicenzo-Porter

    Al Diagiaco

    Frank Disomma

    Cindy Doak

    Randy Eck

    Brian Galvin

    Sonny GartrellLynnda Gray

    Bob Hall

    Harry Hoover

    George Huttman

    Susan Red Hutt-man

    Dan JacksonFrankie Kennedy

    John Kennedy

    Ed LaCombe

    KD Marlowe

    Russell May

    Rev.Rea Means

    Don Meredith Jr.

    Jo Ann Miller

    Kenneth Miller

    Jim Mozeleski

    Terry Padilla

    Bob Penn

    Asuncsion Peppers

    Richard Peppers

    Kathleen Proven-zano

    Rev. ThomasProvenzano

    Bill RobinsonJanet Rolfe

    Tabitha Rossi

    Roland Salsberry

    Jencye Schmitt

    Jerry Schmitt

    Bruce Scheiner

    Elsie SeifRobert Simon

    Kelly Smith

    Richard Stergulz

    Sandy Stergulz

    Grandpa Stewart

    Lynda Stewart

    Scott Turner

    Ruth Vorys

    Teresa Webster

    D. Payton Wells

    Michael Wieland

    Jama Wyatt

    Steve Wyatt

    Page 7Southwest Chapter ABATE Volume XLIV, Issue XXXVI

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Good Morning FreedomFighters:


    ABATE of Florida Con-vinces the

    Nation's Oldest City toAllow Motorcycles

    St. Augustine, Fl., January14, 2010 - Many have saidthat the City of St.

    Augustine Florida is a beau-

    tiful and historic place tolive. Since 1565, over 400years ago, the city has beenextending a welcome handto all that visit and make thecity their home. In 2005 thecity built a parking garagedowntown so residents and

    visitors had an availableparking area to safely parktheir vehicles.

    Unless you were riding a

    motorcycle that is. Motorcy-cles were not welcome. Alarge, bright, reflective yel-low "NO MOTORCY-CLES" sign was promi-nently installed at the en-trance. If you rode intotown on any motorcycle orscooter, you were bannedfrom parking in this $20million taxpayer-fundedgarage. Definitely not a"Welcome" feeling.

    The issue at hand, accordingto St. Augustine's City Man-ager, Bill Harriss, is thegates that allow access/egress. He stated in an inter-

    view with The St. AugustineRecordthat the engineers

    who designed the garage'sentryways advised against it.

    Many options were offeredover the years to reverse thisdecision, but the momen-tum for the change in policycame when ABATE ofFlorida's Vintage Chapterbegan this fight in earnestback in November 2009.

    After speaking at the St.Augustine December 14,2009 City Commissioners'Meeting, ABATE of Florida

    Vintage Chapter's PublicRelations Trustee, J.D.Long, found that two of theCity Commissioners agreed

    with ABATE of Florida,feeling that the publicly-funded garage should beallowing motorcycles in.

    There were two more Com-missioners and the Mayorthat still needed convinc-ing.Although Harriss is amotorcyclist himself, his

    position does not hold abinding vote with the Com-mission.

    Many felt modifying theexisting gates were the leastexpensive and seemed to bethe most logical method tocorrect the discrimination.

    The additional revenue fromthe motorcyclists would payoff the modifications inshort time, and then help

    the city by providing newincome.

    The problem was accuratelysummed up by Long; "Ifthey can't use commonsense, then we have to usethe law." ABATE of Flor-ida's Legal Council, LarryCrow of Tampa, was already

    preparing a case should theCity Commissioners vote tocontinue the ban.

    On January 11, 2010, mem-bers from ABATE of Flor-ida's Vintage, Duval County,Black Creek and PutnamCounty Chapters, as well asmembers from other motor-cycle organizations, filledthe St. Augustine City Com-missioner's meeting cham-ber to show their discontent

    with the four-year-old dis-criminatory ban on motor-cycles.

    Thanks to the dedication ofthe ABATE of Floridamembers for calling thisproblem to light, and thenfollowing through by stand-ing up and fighting to stopthe discrimination againstbikers. The St. AugustineCity Commissioners votedunanimously in favor ofremoving the ban and estab-lishing a dedicated entranceto the garage and a short-ened gate at the existingmanned exit so that motor-cyclists may now park theirbikes safely in downtown St.

    Augustine. Chief Opera-tions Officer John Regansuggested in The St.

    Augustine Reportthat the

    city's advertising shouldnow begin promoting St.

    Augustine as being a motor-cycle-friendly city.

    With almost 8,000 member,ABATE of Florida, Inc. isFlorida's largest Motorcy-clists' Rights Organization,and the fourth largest na-

    Legislative Report

    Page 8 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Legislative Report continued...

    tionwide. Our mission in-clude educating the publicabout motorcycle awarenessand continuing to fight in

    Tallahassee for the rights ofevery motorcyclist and thepublic in general. To aid inthese ends, we have a lobby-ist on staff and havefounded the MotorcycleSafety and Awareness Pro-gram, both with the inten-tions to help make the roads

    safer for everyone. ABATEof Florida members vote inevery election, and strive toteach the public to be con-scious of other drivers &riders while operating motor

    vehicles in the SunshineState.

    2010 SESSION

    The 2010 legislative sessionwill start the first week inMarch. Are you ready?

    ABATE of Florida's stifferpenalties bill is finished andhas been turned over to oursponsors. I do not have abill number yet. Hopefully,I'll have all that informationfor you in next month's re-port.

    Doc says that there will bean attempt to put lids backon our heads. He says that

    they will use one of the fiveplaceholder bills to do this.

    In a placeholder, or "empty"bill, anything can be put inthem at any time. Once abill reaches the floor, wehave no say. Any influence

    we have should be exertedahead of time. ABATE ofFlorida is watching these

    bills very carefully. We needto be ready to respond veryquickly.

    As all of you are aware, nomotorcycle helmet on themarket today is guaranteedto save a riders life. Nor arethey designed to do so.

    No manufacturer of motor-cycle helmets has ever madethe claim that their productis guaranteed to save a rid-

    ers life. Just the opposite istrue.

    All motorcycle helmetmanufacturers are requiredby U.S. federal law, to warnthe consumer that death canoccur to riders at speeds aslow as 15 mph... while wear-ing their product.

    The only thing mandatoryhelmet laws accomplish isthat more motorcyclists will

    die or become seriously in-jured in Florida while wear-ing a helmet. That is be-cause mandatory helmetlaws do not address thecause of these crashes. Theynever have, and they never


    The only thing that is goingto save your life while ridingyour motorcycle is your skilland ability to handle yourmotorcycle in an emergencysituation. And even that isnot guaranteed.



    Charlie Crist: (850) 488-4441. PL05 Capitol, 400

    South Monroe St., Tallahas-see, Fl, 32399-0001.


    Jeff Kottkamp: (850) 488-4711. PL05 Capitol, 400South Monroe St., Tallahas-see, Fl. 32399-0001.



    SENATE: Jeff Atwater (R-25): 409 Capitol, 404 SMonroe St., Tallahassee, Fl.32399. (850) 487-5229. Of-fice: (850) 487-5100. E-Mail: [email protected].

    Dave Aronberg (D-27):District Address: 6415Lake Worth Rd., Suite 210,Greenacres, Fl. 33463. (561)43-2627. FAX: (561) 434-

    3995. Capitol Address: 405SOB, 404 S. Monroe St.,Tallahassee, Fl. 32399. (850)487-5356. E-Mail:[email protected].

    Michael "Mike" Bennett(R-21):District Address:3653 Cortez Rd. West, Suite90, Bradenton, Fl. 34210.(941) 727-6349. FAX: (941)727-6352. Capitol Address:

    306 SOB, 404 S. MonroeSt., Tallahassee, Fl. 32399.(850) 487-5078. E-Mail:[email protected].

    Garrett Richter (R-37):District Address: 3301 E.

    Tamiami Trl., Bldg. F, Suite203, Naples, Fl. 3412. (239)

    Page 9Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    417-6205. FAX: (239) 417-6207. Capitol Address: 310SOB, 404 S. Monroe St.,

    Tallahassee, Fl. 32399. (850)487-5124. E-Mail: [email protected].


    SPEAKER OF THEHOUSE: Larry Cretul (R-22): 422 Capitol, 402 S.

    Monroe St., Tallahassee, Fl.32399. (850) 488-1450. Of-fice: (850) 488-0887. E-Mail:[email protected].

    Gary Aubuchon (R-74):District Address: 3501 DelPrado Blvd., Suite 305, CapeCoral, Fl. 33904. (239) 344-4900. FAX: (239) 344-4901.Capitol Address: 13401

    Capitol, 402 S. Monroe St.,Tallahassee, Fl. 32399.(850)488-7433. E-Mail:[email protected].

    Paige Kreegel (R-72):District Address: 410 Tay-lor St., Punta Gorda, Fl.33950. (941) 575-5820.FAX: (941) 575-5822. Capi-tol Address: 303 HOB, 402S. Monroe St., Tallahassee,

    Fl. 32399. (850) 488-9175.E-Mail:[email protected].

    Kenneth Roberson (R-71):District Address: 992 Ta-miami Trl., Unit E-2, PortCharlotte, Fl. 33953. (941)613-0914. FAX: (941) 613-0916. Capitol Address: 308

    HOB, 402 S. Monroe St.,Tallahassee, Fl. 32399. (850)488-0060. E-Mail:[email protected].

    Nicholas "Nick" Thomp-son (R-73): District Ad-dress: 2120 Main St., Suite208, Fort Myers, Fl. 33901.(239) 53-241. FAX: (239)338-2486. Capitol Address:417 HOB, 402 S. MonroeSt., Tallahassee, Fl. 32399.(850) 488-1541. E-Mail:[email protected].

    Trudi Williams (R-75):District Address: 12811Kenwood Ln., Suite 212,Fort Myers, Fl. 33907. (239)433-6775. FAX: (239) 278-7573. Capitol Address: 303HOB, 402 S. Monroe St.,

    Tallahassee, Fl. 32399. (850)488-2047. E-Mail:[email protected].


    George LeMieux (R):Capitol Office: 356 RussellSenate Office Building,

    Washington, D.C. 20510.(202) 224-3041. FAX: (202)228-5171. Florida Office:2120 Main St., Fort Myers,Fl. 33901. (239) 332-3898.

    FAX: (239) 332-3447. TollFree: (866) 630-7106. TTY:(407) 254-548.


    Bill Nelson (D): CapitolOffice: 716 Hart SenateOffice Building, Washing-

    ton, D.C. 20510. (202) 224-5274. FAX: (202) 228-2183.Florida Office:Justice Cen-ter Annex Building, 2000Main Street, Suite 801, FortMyers, Fl. 33901. Phone:(239) 334-7760. FAX: (239)334-7710.

    E-Mail: [email protected].



    Connie Mack (R-14):Capitol Office: 15 CannonHouse Office Building,

    Washington, D.C. 20510.(202) 225-2536. FAX: (202)226-0439. Florida Office:804 Nicholas Pkwy., Suite 1,Cape Coral, Fl. 33990. (239)

    573-5837. FAX: (239) 573)9125. District Director:Kara Moore.

    Big Noise From Massachu-setts, Update!

    On Friday, October 2, 2009,fifteen motorcyclists stood upfor their rights! And yours!Each contested tickets that theMassachusetts Motorcycle As-sociation (MMA) believes werewrongly, unsafely and uncon-stitutionally issued at the inter-sections of Routes 62 and 140on July 15, 2009, in Sterling,Ma.

    These brave motorcyclists sac-rificed time and money to de-fend the freedom to ride for allmotorcyclists in the state, in-stead of paying the tickets.

    Legislative Report continued...

    Page 10 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Legislative Report continued...

    All MMA members were rep-resented pro-bono by AttorneyPaul Lancia of Fall River, Ma.The MMA and Attorney Lan-cia have pledged to proudlystand together to defend theseriders.

    Individual hearings began atapproximately 9:30 a.m., eachlasting approximately 20 min-utes. MMA Chairman DaveCondon and MembershipManager Cheryl Frodermannjoined them in a show of sup-

    port at the Clinton DistrictCourt.

    Citations alleged 'violations'targeting helmets, noise, non-stock pipes, tire treads andlights.

    Riders described a check-pointinvolving approximately 10police officers from the townsof Sterling and Princeton, andRMV staff. Solo and groups ofriders were harassed and tick-eted in a manner in conflictwith the law.

    For example, no sound meterswere used to determine if thepipes indeed exceeded legalnoise limits; both DOT andnon-DOT stickered helmetswere deemed illegal; olderbikes exempted under state lawwere fined. In addition, thepull-off area was a hazardousdirt surface with extensivegravel, large pot-holes, anduneven and crumbling pave-

    ment at an extremely busy in-tersection, placing the ridersand local drivers at risk ofdamage to their vehicles, seri-ous injury, and possibly death.

    MMA board members learnedfrom conversations with manyof the motorcyclists that theoverwhelming majority wasforgoing wages in a combinedexcess of $2,600. In addition,

    all were required to pay $25cash-only filing fees in order tocontest their tickets with theMagistrate.

    Any rider seeking to appeal theruling in an effort to seek jus-tice from a judge, required anadditional immediate filing feeof $50 cash. In Sterling, justicecosts at minimum $75 and acouple days' pay!

    At the end of the day, somewere won, some were not, and

    will require further appeal.Though no consistency in theMagistrate's rulings were evi-dent to any, Chairman Condonand Attorney Lancia were notsurprised by such unpredict-ability at this level in the courtsystem.

    All riders who did not wintheir hearings on Friday haveagreed to continue the fightand appeal the Magistrate'sruling. Attorney Lancia will

    continue to represent MMAmembers free of charge beforea judge beginning at 8:45 a.m.on Nov. 16 and Nov. 23rd. Ifnecessary, Attorney Lancia andthe MMA are determined totake these cases to the Su-preme Judicial Courts for jus-tice.

    Many of the motorcyclists theMMA spoke to on Friday,while not in a position to sacri-fice hard-earned wages, were

    deeply concerned that if theydid not contest the tickets,their insurance companieswould hit them with steep sur-charges over the next six yearstotaling upwards of $1,800each. Some would be unable toafford to ride. Some had fami-lies; others were out of workdue to the recession. Mostcould not afford the filing fees.

    The MMA has always believedif we do not defend our rights,we will lose them. Sterling po-lice are trying to send loudmessage to all motorcyclists:"stay out of our town or wewill make you pay!" And theydon't seem to care about thelaw.

    The motorcyclists who wereticketed in Sterling, and whodecided to contest their tickets,have heroically stepped up tothe truly American fight --


    These are the real heroes ofour legal system! Help theMMA help them fight a goodfight!

    On Nov. 7, the MMA held afundraiser to support the Free-dom Fighters and a local busi-ness that has been directly im-pacted by the July harassment.

    The fundraiser was held at the140 Rendezvous Pub in Ster-

    ling, a popular biker gatheringplace. The owner of the pubsaid that his business was offby 50 - 75% since the July har-assment. The event helped theMMA defray costs incurred bythe Freedom Fighters.

    The MMA is asking for yoursupport of these Americanheroes. You can make a dona-tion by visiting the MMA website or by mailing a check pay-able to the Massachusetts Mo-

    torcycle Association Legal De-fense Fund, P.O. Box 378,Brimfield, MA 01010.

    For more information, pleaseseehttp://www.massmotorcycle.orgor contact [email protected].

    See you in the wind,'TEDDYBEAR'

    Page 11Southwest Chapter ABATE Volume XLIV, Issue XXXVI[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://
  • 8/8/2019 Southwest Chapter of ABATE of Florida February 2010 Newsletter


    Dear Brothers and Sistersof Southwest Chapter ofABATE of Florida, Inc.,

    I have followed the storyof the death of a seasonedmotorcyclist, Anita Zaf-fke at the hands of thedriver of a vehicle, LoraHunt, who was paintingher nails as she drove ona public road. Anita was

    launched over 200 feetand died of internal inju-ries.

    The passion I feel to-wards the rights of all ismagnified by this case.

    The following is takenfrom the Black Nail Bri-gade website( Ihave secured permission

    from Greg Zaffke II, sonof Anita, to reproduceany and all informationlisted on the webpage tobring to you.

    Ride Alert!

    Respectfully Submitted byBarbara L. Bardell

    Southwest Chapter Mem-ber

    Judge's decision on theMotion to Dismiss theIndictment of RecklessHomicide will be heardon February 10, 2010at 11:00AM

    Today's hearing was in-

    teresting to say the least.The defense took about40 minutes to make their

    points then repeat themover and over and overagain. They cited caselaw from mostly petit

    jury (trial jury) cases toargue their point aboutdue process in grand jury

    proceedings. The State'sAttorney took 20 min-utes to rebut all points.

    Here are a few very in-teresting highlights in thedefense attorney's ownwords.

    Statements by Lora

    Hunt's Attorney (JeffTomczak)

    Lora Hunt Statement -"I was distracted by ap-

    plying nail polish, whichI contemplated whether ornot to do. I chose to do avery stupid thing."

    IPI-5.02 Definition of

    Negligence - "A personis negligent when he failsto be aware of a sub-stantial & unjustifiablerisk, that circumstancesexist or that a result will

    follow and his failure is asubstantial deviation

    from the standard ofcare which a reasonableperson would exercise inthe situation."

    He goes on to explainRecklessness - "As legalconcepts, recklessness &accident are not synony-mous. Recklessness re-

    quires a conscious aware-ness of a substantialrisk of harm & a disre-

    gard of that risk."

    So I'll recap:

    Hunt - "which I contem-plated whether or not todo. I chose to do..." - Shewas aware of the risk

    & did it anyway.Negligence - "fails to beaware"

    Recklessness - "a con-scious awareness of asubstantial risk of harm& a disregard of thatrisk"

    Let's go to trial!

    Greg Zaffke II - BlackNail Brigade

    Black Nail Brigade

    Page 12 Southwest Chapter ABATE Volume XLIV, Issue XXXVI

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    Page 13Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    11th Annual Church Crash~January 31st, 2010.

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    Page 15Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    On January 21st, members of the Southwest Chapter of ABATE of

    Florida, along with members of several other organizations such as the

    Patriot Guard Riders, Roughnecks, and Warriors Watch, had the honor

    of welcoming home SPC Nathan Henning.

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    Page 21Southwest Chapter ABATE Volume XLIV, Issue XXXVI

    Two Big Locations!!!Harley-Davidson of Fort Myers

    2160 Colonial Blvd,

    (1/4 mile EAST of US 41)

    Fort Myers Florida

    (239) 275-4647

    Harley-Davidson of Naples3645 Gateway Boulevard(1/4 mile WEST of I-75)

    Off Pine Ridge Road

    Naples Florida

    (239) 594-5504

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