July / August

Volume 4, Issue 6
Inside this issue:
July-August 2015
Chairperson Letter
1
Chairperson Letter
2-3
New Management
3
Safety Awareness-SF HD
4
CNMMRO-COC
5
WNMMRO
6
MRF News
7-8
MC Profiling
9
Waco Lies
9-10
NCOM
11-12
Update Mark Wolfe
13-14
No Colors Welcome
15
Calendar of Event
15
Advertisements/Flyers
16
THE NMMRO BOARD:
Chairman…………...Annette Torrez
Vice Chairman.....Ray Gallegos
Secretary…………..…David Cruz
Chairperson Letter…….
I hope everyone is enjoying the summer riding season. We are still
celebrating our 2015 legislative victory in which every rider still has an
individual choice whether or not to wear a helmet in New Mexico. If had
passed, these bills would have stated that; all riders, in New Mexico,
would have been expected to wear a helmet starting in July 2105. The
NMMRO is prochoice when it comes to helmet use and we will always
fight for your constitutional right to choose and we will continue to work
to keep New Mexico from becoming a universal helmet law state. Now
we have a new fight; The National Highway Traffic Safety
Administration (NHTSA) wants to add a new component to the
definition of a helmet based on lining thickness. NHTSA has determined
that 25mm (about one inch) is the bare minimum thickness of a helmet
that could possibly meet the federal definition of a motorcycle helmet as
defined by FMVSS 218. If a helmet cannot meet this new thickness
requirement (as would be the case with novelty helmets), then you will
be treated as if you have no helmet on at all, in those states that a
universal helmet law exist. This proposed change could result in law
enforcement pulling people over just to measure a helmet, even when
there's been no infraction of any motor vehicle law. At this time New
Mexico is not a universal helmet state but we must still stand united
because we do travel through other states, it can and will affect all
riders.
Treasurer……RockHell Thompson
Sgt at Arms……...Todd Thompson
Editor……….………..Kitti Gallegos
Webmaster…RockHell Thompson
Public Relations....Lisa Van Druff
Org. Liaison…………..Tom Newell
CNMMRO……….……….Dave Covert
ENMMRO……………Dorothy Jouett
WNMMRO……………..….Jim Smith
MEETING SCHEDULE:
NMMRO Monthly Meetings:
American Legion Post 49
11005 Central Ave NE Abq., NM
Aug 8th Noon
COC Meetings:
American Legion Post 49
11005 Central Ave NE Abq., NM
Aug 8th at noon
I share words from a mentor Kirk "Hardtail" Willard MRF President; "Life
is not waiting for the storm to pass: it is about learning how to ride in the
rain. If we stick around the motorcyclist rights movement long enough
you will indeed experience the storms. Whatever storms we face we
cannot allow them to define us; we should emerge stronger and more
determined as individuals and as a community than ever before. If we
are to continue to live our mission of freedom of the road, we must learn
to ride in the rain." I say to you, we as motorcyclist must always remain
informed on the issues all motorcyclist face." I say to all motorcyclists,
please join and get involved in your motorcycle rights organizations in
your state and support them. Motorcyclist are some of the last freedom
fighters in our nation; as entire community our civil rights are constantly
challenged because of our attire, our choice of transportation and
because of who we choose to affiliate with. Motorcycle Profiling is
Illegal, an individual's chosen form of expression or organizational
affiliations are protected by the 1st Amendment. Also, the right of a
class of people to be free from discriminatory law enforcement practices
is guaranteed by the 14th Amendment's Equal Protection Clause.
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THE NMMRO NEWSLETTER
Fear and misinformation can cause mass deprivation of freedom and liberty. In light of a recent tragedy which
occurred in Waco Texas leaving nine dead in May 2015, we ask that you keep an open mind and not believe all
the information the media that has portrayed as truth. The mass arrest of more than 170 people in Waco
represents a modern day witch trial which is being justified through false and irresponsible law enforcement and
media reports. We must remember all individuals have the right to due process and allow all the information and
facts to be revealed. Everyone should be considered innocent until proven guilty. Every individual arrested the
day of the shooting was given identical $1 million dollar bonds based on the belief that those arrested were not
being cooperative. Bonds were intentionally punitive, regardless of the fact that the right to remain silent is the
cornerstone of the 5th Amendment and punitive bail is a violation of the 8th Amendment. Bonds are intended to
help ensure attendance at required court appearances and reduce the risk of flight. They are not intended to
force cooperation. The gathering was not a gang meeting to discuss turf as reported by the media and law
enforcement, in fact it was a political gathering solely intended to discuss legislative matters.
In the words from a recent call to action: A competing perspective is emerging that frames the discussion in
terms of the civil liberties of the innocent. The American system of criminal justice, when functioning properly,
understands that the ends do not justify the means. The suffering of even a single innocent far outweighs the
public interest in punishing the guilty. The freedom of association is an American right, not a privilege. An
individual is not guilty of a crime that they did not participate in or play a part in simply being in the wrong place
at the wrong time, regardless of the ultimate outcome of this incident, does not justify incarceration or
excessively punitive bail for 170+ individuals. The NMMRO asks for prayers for all involved in these incident, we
hope that truths will be relieved soon so the innocent can return to some normalcy after their lives have been
turned upside down and also justice for the fallen. Many of the arrested have lost their jobs, their families,
respect from the community and their peers because of the media reports even though all the facts have not
been established yet.
In New Mexico there has been an increase in motorcycle crashes. 84 motorcycle crashes have been reported to
the NMMRO in 2015 with 15 of those being fatal. Many of these crashes have occurred from another vehicle not
seeing the motorcycle and some have been hit and runs. Many victims of crashes have reported to us that the
police reporting is incorrect or constantly putting the blame on the motorcyclist when this is not always true. If
you are involved in a crash please review the police report and appeal or contact the officer if you feel it was not
reported correctly. If possible get the names and contact information of all witness. If necessary contact a good
lawyer for advice, or before you agree to any insurance settlement. You many always contact me for assistance
505-730-0435. Ride safe all. Annette
THE NMMRO NEWSLETTER
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Please send info & checks to:
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PO Box 27673
Albuquerque NM 87125-7673
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Name:_____________________________________________________________________
Address:___________________________________________________________________
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Announcing the New General Manager of
Thunderbird Harley-Davidson Dealership!
It is with great pleasure that we announce Karen Henz as the new General Manager of
Thunderbird Harley-Davidson! Karen has been a part of the Scott Fischer Enterprises family
for more than 10 years. She most recently served as our Assistant General Manager. Karen
rides a 2008 Screamin Eagle Springer, and absolutely loves meeting new people and
enjoying the Harley lifestyle.
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THE NMMRO NEWSLETTER
Safety Awareness article provided by Santa Fe Harley Davidson Dealership
Riding the Line
Thanks so much to Annette for letting us be part of the New Mexico Motorcyclist Rights Organization. We appreciate and
support all efforts to be represented and recognized out on the road. The more we can be seen the safer we all will be.
Over 95% of the team at Santa Fe Harley-Davidson are riders and awareness of motorcycles in our community is
extremely important. As this is an article on Safety Awareness, I thought I would take a different approach...
I find when riding my motorcycle I am far more engaged and aware than when in the false sense of protection of a
car/cage. Non riders seem to have the perception that riding is a lazy person's activity - but as all of you know a long day
in the saddle can be truly draining. When truly in the "zone" on my rides, I finish feeling as though I just had both a mental
and physical workout. I find I have to fight this sense of security when driving the shop truck and really have to make an
effort to be on the lookout for bikes. I have struggled to understand this and have come to realize that the more enclosed
and comfortable the environment the more you let down your guard. Much like sitting by the fire....
So we need to fire up those drivers. Be sure they know we exist and, that we are a force to be reckoned with. They need
to know they have equal responsibility to our space on the road. Additionally, to reinforce awareness in other vehicles we
need to be seen.
To be seen, there are a number of things we can do. First comes the blind spot. We just can't stay there. Either drop back
or move forward - just get out of there. Be sure you have lights that do what they should. The new age of LED lights have
powered up our ability to be seen better than before. There are also great options for side lights and wrap around turn
signals that really make your bike pop. If you don't have them - there are a number of options in the market these days.
Many of the new machines are coming equipped with much brighter LED lighting systems. Riding Gear has also really
changed over the last few years. One of the best new features is the 3M pipping and stitching in leather jackets. At night
these things truly light up and allow you to be seen. I am also a big believer in eye contact - when in deep traffic - make
sure you get them to look at you, it makes a difference.
Now is the best time to be riding. Go enjoy, be aware and continue to tell people you exist and to keep their eyes out for
us. We are your parents, your brothers and sisters. We are your friends and your neighbors and your work buddies. We
are just like you and we just like to do it on two wheels. Be sure to remind them we are out there.
Be safe, ride strong and see you at the next cross-roads.
Cheers,
David Pearson and the SFHD Team
Chief, Cook & Bottle Washer
Santa Fe Harley-Davidson
[email protected]
505-471-3808
Two weeks after David Pearson, owner of Santa Fe Harley Davidson wrote the following article on safety awareness he
was broadsided on his motorcycle in Santa Fe. He sustained numerous breaks and serious injuries. After surgery and lots
of care through almost 2 weeks in the hospital, he is hoping to be home soon, according to his wife Debby. Please keep
all the Pearson’s in your prayers for healing, recovery and continued success. Along with being sponsors of lunch for our
Bike Day at the Capital and for the Rally in the Valley, they are all deeply involved in a lot of important events and issues
with our motorcycle community.
Get well quickly David, we hope to see back riding again soon our friend Annette Torrez and Steve Stucker
THE NMMRO NEWSLETTER
.
CNMMRO
The 4 watch for motorcycle signs were put up in Rio Rancho a little over a month ago. Here's
an event I for some reason remembered recently...
About 15 years ago I left Sturgis one morning heading for Winnipeg, Manitoba. I got to the
border crossing shortly after dark. I wasn’t sure if I had just rode through a light rain, or heavy
mosquitoes. My ears were ringing pretty good from the long day at interstate speeds and no
windshield. I had a hard time hearing the border control guard and he had to repeat a couple
questions. He told me to park my bike and go inside. I was sitting inside the customs office
waiting for someone to call my name. Bored, I grabbed a children’s book that was in a box
next to me. There was a very young couple with a little one in there as well. The young woman
was called up to talk to an agent. Shortly the baby started crying quite loudly. After a couple
minutes of that I asked the young man if he would like the book I was reading (Winnie the poo
I think it was). He said no. I said ugggg and reached over and gave him the book. He
repositioned the child who stopped crying as soon as he opened the book and started reading.
Shortly after I was called up. I walked over to the agent and tried to read her lips, I thought she
asked me a question. I’m going to Winnipeg to visit some friends I said, probably too loudly.
She gave me an odd look and told me no, you can go now. They must have been happy that I
helped quiet the child, because they didn’t check me or my bike. Hopefully the young man
learned how important it is to read to your kid. As for me, it took another 5 or 6 years before I
finally started wearing earplugs.
Rod - Central NMMRO
COC of Northern New Mexico
This upcoming Swap Meet on Aug 22nd is very important so please pass out the information to everyone you
can think of. As a Motorcycle Community we continue to support all those that have been subject to negative
reports and false reports of wrong doing. This Swap Meet profits is going to help those we can clear their
names and get back to a normal life. To all those brothers and sisters that have been caught up in that
situation, just know that the State of New Mexico will do whatever we can to stand with you in this fight. We
as the NNMCOC have started a defense fund for situations where we have been wronged. It may not be
much but at least what we can raise will help. I want to thank every club that has donated time and money to
this defense fund and to all those that have helped in other ways. I know that the ones we have touched have
been thankful for what we as a state have done. We will continue to fight to keep our clubs free and clear of
any negative exposure. Our next meeting is on August 8th, this meeting will have important information from
a national meeting that is being held on July 11th. We have many items to talk about as a community and as
a group we can stand strong. Our state and our COC has been noticed and has stood together strong in
everything that has been thrown our way. I want to thank you all for all the hard work and personal time that
has been lost to keep our state as strong as it is. I can honestly say I am proud to be a New Mexican in this
COC. Let’s keep strong and keep pushing on. If you all haven't done it by now please contact Kitti Gallegos
[email protected] to help the 2nd Annual Swap Meet get organized and if you are interested in getting
information to set up a booth. I ask again that every club volunteer at least 2 people to help with getting this
Swap Meet organized. I hope everyone has had a great summer so far, ride safe and see you all out on the
road.
Dozer
NMMCOC Chairman
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THE NMMRO NEWSLETTER
WNMMRO
Hello NM.
At this time we are working hard on getting ready for the Rt. 66 Freedom Ride, Flight & Cruise. With all the moisture NM is
having this year it looks like temperatures might be a little cooler but also wetter. The event is a THANK YOU to all our
Veterans and raises funds for Veterans helping Veterans and Operation Wounded Warrior. You can get more info at
www.rt66freedomweekend.com if you are interested.
WNMMRO has been doing the usual with a highway cleanup a couple of weeks ago with about 17 members showing up to
help. We get a great response from the community doing these cleanups and lots of questions about why we are out there. It is
a great opportunity to explain not only being aware of motorcycles on the road but also more about riding and the lifestyle.
The Motorcycle Awareness Program (MAP) is on hold till school starts in the fall.
By working together with all riders to maintain our freedom of choice by beating the 2 helmet bills in the NM legislature this year
we have proven that many voices will be heard, but the battle is never ending. This is proven by the events in Waco Texas
recently, the continued fight against motorcycle only checkpoints, the state of Hawaii trying to ban motorcycles, the ethanol
issue and many more fights to remain free to ride what we want, with who we want, where we want and when we want. The
fact that over 170 freedom fighting riders were arrested just because of association should be a huge indicator of what we are
truly up against. It is up to each individual to choose what type of bike to ride, who they ride with, where they ride and that right
is guaranteed by the Constitution of this great country but we must continue to stand together to maintain these rights. It truly
doesn’t matter if you choose to ride as an independent, with an M/C, a Christian organization, an R/C or any other group as
long as we stay united to protect our rights. There are a large number of independent riders that feel the Waco incident does
not affect them but the event in Waco can and will be used to prevent any group that the big brother feels is a threat to be
intimidated and dismantled if we do not stop this now. We all must continue to contact and educate our elected officials, the
media and the general public on the motorcycling lifestyle. Take the time to educate the general public and stay in constant
contact with your elected officials to promote awareness on what we are truly about. Hopefully justice will prevail for all that
were arrested at the Texas COC&I meeting and the truth will come out. Ride Free, Ride safe but most of all ride!
Jim, Coordinator WNMMRO www.wnmmro.webs.com/
Man killed in fiery crash had passion for motorcycles
Published 10:17 PM MDT Jul 17, 2015 ALBUQUERQUE, N.M. —
A man was killed in a fiery crash on his way home from work Wednesday.
Andrew Wright loved anything to do with two wheels, and was on his motorcycle when he collided with a
Jeep just off the Interstate 25 exit ramp onto 599. No one in the Jeep was hurt. Wright founded Bicycle
Technologies International in1993 with his college buddy Preston Martin. BTI sells wholesale bike parts all
around the world. The usually loud, Fun office was quiet and somber Friday. Friends say he lived in the
moment and had an infectious enthusiasm for life. Wright leaves behind a wife of 13 years.
THE NMMRO NEWSLETTER
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National Highway Traffic Safety Administration (NHTSA) issues a Notice of Proposed
Rulemaking
The National Highway Traffic Safety Administration (NHTSA) has issued a Notice of Proposed Rulemaking to
amend Federal Motor Vehicle Safety Standard (FMVSS) No. 218, which concerns motorcycle safety helmets.
NHTSA proposes to modify the existing performance requirements of the standard by adding construction
requirements. The reasoning behind this is to aid state and local law enforcement officers in enforcing FMVSS
No. 218, allowing an officer to visually determine whether a helmet meets the safety standard. NHTSA is
currently accepting public comments on this proposal, and will continue to do so until July 20, 2015.
The Motorcycle Riders Foundation opposes NHTSA’s proposal. The proposal fails to take into consideration
the rapid pace of technological change in this area. By adopting arbitrary dimension and compression
requirements, NHTSA will effectively be shutting out manufacturers who utilize technology to construct helmets
which, while failing to meet NHTSA's construction requirements, may very well exceed their performance
requirements. It is conceivable that, by the time the new proposals were adopted, they would already be
obsolete. To compound that problem, if such a situation did arise—and it almost certainly will—the process of
amending the safety standard is so long and complicated that it is not feasible to make periodic changes in
order to include technological advancements in motorcycle helmet construction. FMVSS No. 218 should
remain primarily a performance standard, not a construction standard.
NHTSA's answer to this problem is to create a list of motorcycle helmets that will be exempt from the proposed
construction requirements. The helmets on this list will comply with the performance requirements of FMVSS
No. 218, but while they fail to meet its proposed construction requirements, they will nonetheless be deemed to
have met the proposed safety standard. This confusing strategy ignores the fact that the law enforcement
officer on the street will not have immediate access to such a list. At best, the officer would not know that the
motorcyclist's helmet meets FMVSS No. 218 until after the motorcyclist has been deprived of his or her liberty
by being detained and subjected to an inspection of their helmet. At worst, the fact that the motorcyclist's
helmet meets the standard would not come to light until after the motorcyclist was forced to come to court.
Finally, NHTSA has not fully taken into consideration the very nature of motorcycle helmet enforcement in the
United States. Such enforcement is not done federally; it is done at the state and local level according to state
laws which may or may not have adopted FMVSS No. 218. Not every state has adopted the federal safety
standard. Many that have done so have also adopted alternative safety standards, while others require only
that a helmet meet the performance requirements set out in FMVSS No. 218 and not the labeling requirements.
Finally, NHTSA has not fully taken into consideration the very nature of motorcycle helmet enforcement in the
United States. Such enforcement is not done federally; it is done at the state and local level according to state
laws which may or may not have adopted FMVSS No. 218. Not every state has adopted the federal safety
standard. Many that have done so have also adopted alternative safety standards, while others require only
that a helmet meet the performance requirements set out in FMVSS No. 218 and not the labeling requirements.
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THE NMMRO NEWSLETTER
The Motorcycle Riders Foundation believes that motorcycle helmet enforcement is a state issue and not a federal issue.
This is evidenced by the fact that motorcycle helmet laws vary greatly from state to state. If a particular state is having an
issue enforcing its own motorcycle helmet law, that problem is best addressed by that state's elected officials. It does not
make sense to address the enforcement of a state statute on the federal level, but that is what the proposed amendments
to FMVSS NO. 218 attempt to do.
The Motorcycle Riders Foundation urges all riders and rider organizations to comment upon this proposal and to point out
the legitimate concerns raised by it. You may submit comments to the proposal by any of the following methods:
You may utilize the Federal e-Rulemaking Portal:
Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
You may mail comments to the Docket Management Facility:
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
You may also fax comments to the Docket Management Facility:
U.S. Department of Transportation at (202) 493-2251
When submitting comments, make sure to reference Docket No. NHTSA–2015–0045.
If you wish to view the entire proposal you may do so at the following link:
http://www.gpo.gov/fdsys/pkg/FR-2015-05-21/pdf/2015-11756.pdf
THE NMMRO NEWSLETTER
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What is Motorcycle Profiling
Motorcycle profiling means the illegal use of the fact that a person rides a motorcycle or wears motorcycle-related
paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle,
with or without a legal basis under the State or US Constitution.
Why is Motorcycle Profiling Illegal? An individual's chosen form of expression or organizational affiliations are protected by
the 1st Amendment. Also, the right of a class of people to be free from discriminatory law enforcement practices are
guaranteed by the 14th Amendment's Equal Protection Clause.
Why is Motorcycle Profiling An Important Issue? There are 10 million registered motorcyclists in America representing all
walks of life. This includes doctors, lawyers, business owners, military veterans, blue collar workers, and even state
legislators. Unfortunately, the overly-broad outlaw biker stereotype embraced by many law enforcement officers results in
selective enforcement of the law and discriminatory based traffic stops targeting a sizable portion of the motorcycling
community.
The LIE That Caused 177 Arrests in Waco
June 18, 2015 June 26, 2015 / Motorcycle Profiling Project
Within hours of the tragedy in Waco law enforcement incorrectly reported that the gathering at Twin Peaks was a gang
meeting intended to discuss issues over recruitment and turf. This is simply not the truth. At best it is false statement
based on sloppy and irresponsible conjecture and research. At worst, it is a lie that was used to justify arresting 177
bikers, charging them with participating in organized crime, and giving them each $1 million dollar bonds.
This mischaracterization was also used to describe and treat bikers showing up in Waco after the incident as a threat.
Responsible reporting would have revealed that the meeting was supposed to start at 1pm and the shooting incident
occurred at approximately 12:15. So there was a reason hundreds of motorcyclists were heading to Waco. Motorcyclists
were on their way to attend a regional political gathering, not participate in a gang war. The mainstream media embraced
this description and helped spread these irresponsible assertions.
The general fear being promoted based on these irresponsibly false statements must not go unanswered. They must be
refuted logically, passionately, and by every motorcyclist and every American that believes in fighting discrimination and
advancing their civil liberties.
So what was the real reason for the biker gathering in Waco on May 17th?
In reality it was a publicized and regularly scheduled political meeting intended to discuss legislative matters. The
Confederation of Clubs (C.O.C.) is part of a grassroots political movement of autonomous and loosely affiliated
Confederations and Coalitions of motorcycle clubs across the country. COC's are solely focused on biker rights. There
are Confederations in almost every state and they have been peacefully meeting and organizing for decades. Many also
participate in the US Defenders program, a Biker Communication Network connecting Confederations together.
Confederations are comprised of a wide range of diversity, including military clubs, Christian clubs, clean and sober clubs,
1% clubs, firefighter clubs, bikers against child abuse clubs, vintage clubs, charity clubs, and plain old riding clubs.
To suggest, as some have, that COC's are controlled by dominant or criminal organizations is patently false. COC's have
nothing to do with club to club issues. COC's are not used to fund and support dominant organizations. These assertions
fly in the face of reality and the history of the COC.
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THE NMMRO NEWSLETTER
What is the Confederation of Club's agenda and what has the COC done for bikers?
The list of COC legal and legislative achievements, ranging from helmet choice to anti-profiling, have
undeniably strengthened the rights base for all motorcyclists. There are literally hundreds of Confederation of
Clubs meetings happening year round from coast-to-coast. Almost every state has a biker day at the Capitol.
And for decades there have been no incidents at these united political gatherings.
A cornerstone of the Confederation of Clubs is unifying the motorcycle club and independent community for the
purpose of protecting 1st Amendment rights, including the right to wear motorcycle club colors. The right to
associate and peacefully assemble for political and legal activism is also protected. Confederations nationwide
peacefully assemble solely to discuss strategies to protect these rights. There is an attorney present at every
COC meeting to insure that the focus remains on legal and legislative matters.
Tragedy does not justify wholesale discrimination.
It is important that we not allow an isolated tragedy, regardless of how the story ultimately plays out, to justify
discrimination or fear of an entire class of people defined by protected expression. That some are doing just
that is both alarming and disturbing. There are literally hundreds of thousands of club members and
independents nationwide that participate in Confederations and Coalitions and to imply that an isolated tragedy
makes all club members a potential threat is blatant discrimination based on appearance and not conduct.
Isolated incidents or the actions of the few do not define the whole. Postal workers are not considered
dangerous and psychotic. Every law enforcement officers is not a racist murderer. Every teenager in a trench
coat is not a potential school shooter. Batman fans are not generally a threat in public theaters. Most Muslims
are not jihadists or terrorists. Most black teenagers are not drug dealers or gang bangers. And the vast majority
of motorcyclists and members of motorcycle clubs, even self-identified 1% clubs, are not criminals or gang
members, do not have criminal records, and do not represent a threat to anyone.
Conclusions
To allow false statements to justify the obvious violations of Due Process that have occurred in Waco is unjust.
Characterizing 177 individuals as gang members, instead of political activists present during a tragedy, was
directly used to justify the mass arrests and promote a campaign of fear. The truth must be the unified
response.
The Confederation of Clubs has had an extremely positive effect on peace and unification among motorcycle
clubs and motorcyclists of all walks of life. The achievements of an important political constituency must not be
tarnished by overzealous discrimination justified by fear. The Confederation of Clubs is a grassroots effort that
epitomizes participation in the democratic process and deserves to be recognized as such.
David "Double D" Devereaux is the Chairman & Spokesperson for the Washington State Confederation of
Clubs and US Defenders, The Motorcycle Profiling Project, and works with Confederations and Coalitions
nationwide. Contact: [email protected], motorcycleprofilingproject.com
THE NMMRO NEWSLETTER
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The AIM/NCOM Motorcycle E-News Service is brought to you by Aid to Injured Motorcyclists & the National Coalition of Motorcyclists, & is
sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit
www.ON-A-BIKE.com ... Biker Newsbytes: Compiled & Edited by Bill Bish, NCOM
CALIFORNIA REQUIRES MOTORCYCLISTS TO REMOVE HELMET FOR TRAFFIC STOPS
Known as the “Identity Confirmation Act,” Assembly Bill 346 will require a motorist to give law enforcement an
unobstructed view of their face during a traffic stop, said California Assembly member Scott Wilk (R-Santa Clarita),
author of the measure which primarily targets motorcycle riders.
The Facial ID bill was inspired by a Simi Valley, CA police officer who told the assemblyman about having cases
thrown out of court because he couldn’t positively identify someone, Wilk told the Simi Valley Acorn, specifically
relating the case of a motorcyclist who refused to remove their helmet. Wilk admitted to the paper that motorists
are compliant 99% of the time, and currently if a driver refuses to show their face during a traffic stop, police can
arrest them for resisting or delaying an officer, and can result in going to jail until they can go before a judge.
“From an ‘identification’ legal view, all citizens are required to prove their identity when asked by law enforcement,”
said Chuck Pedersen, State Legislative Director for ABATE of California. “From a helmet ticket defense, an officer
cannot ask for you to remove your helmet for the purpose of inspection. I don’t see a need for this additional
legislation.” Nonetheless, AB 346 passed near-unanimously through the State Assembly, was approved by the
Senate, and is now headed to Governor Jerry Brown’s desk.
HANDLEBAR HEIGHT LIMIT REPEALED IN SOUTH DAKOTA
Just in time for the 75th Sturgis Rally, starting July 1st, ape-hangers are now legal in South Dakota. The $20 fine
for riding with your hands too high was wiped off the books as Governor Dennis Daugaard signed Senate Bill 85,
effectively abolishing South Dakota codified law that prohibited such handlebars.
Until now it was a petty offense in South Dakota if you rode motorcycle on a public street or highway with the
handlebar grips positioned at or above shoulder height, but as of now there are no more regulations on where to
hang your hands.
EARPLUGS BENEFICIAL, BUT ILLEGAL FOR OHIO MOTORCYCLISTS
Ohio’s motorcycle operator manual says hearing protection, like earplugs, can help reduce noise while allowing a
rider to hear important sounds like horns or sirens, but it also says riders should adhere to state laws, which
creates a problem: using earplugs in Ohio while operating a vehicle is illegal. There are exceptions for emergency
personnel, or road workers, and even for people who wear hearing aids…but not for motorcyclists. It isn’t the
sound of the motorcycle causing all the noise; “It’s the wind noise that can cause permanent hearing loss,” explains
A.I.M. Attorney Ralph C. Buss, who has represented the interests of motorcycle riders for over 30 years.
“Deafness is a serious problem that people don’t think about, don’t address,” Buss said in an interview with WCPN
public radio in Cleveland.
Attorney Buss challenged that law in court. His client: Tom Varsel, who happened to be a retired noise expert for
GM who was pulled over for riding his motorcycle in Ohio while wearing earplugs. Varsel was fined $37, but his
case continued to an appellate court. He lost a constitutional challenge to the earplug law, but the case raised
interesting issues of health and safety that the court ruled were matters for the legislature to address. “What’s clear
is that wind noise on a motorcycle can be very intense, intense enough to damage your hearing,” says Eric Healy,
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a professor of hearing science at the Ohio State University who testified in Varsel’s case. “And what’s also crystal clear is
that earplugs can remedy that, almost completely”
To determine the level of wind noise motorcyclists face, Healy took a recording device for a drive with PhD students.
Imagine a mannequin head with anatomically correct ears, stuck out a window, and the measurements recorded from that
experiment, Healy says, matched previous work published in well-known British journals in the mid 1990s. He found that
at speeds as low as 35 mph, wind noise exceeded 85 decibels.“Sounds over that are known to cause hearing damage.
The levels that we measured were in the range from 110 to 130db,” Healy told WCPN radio host Tony Ganzer. Even
helmets don’t prevent the wind noise, though earplugs offering some 30db of potential reduction, might help. But the
wording of the law in Ohio and other states, which dates back to 1989 and was enacted largely in response to stereo
headphones in cars, doesn’t allow earplugs to be worn by motorcyclists or motorists. A similar law in California, which
allowed only for “custom earplugs,” was amended in 2004, allowing individuals to wear earplugs that don’t block the
sounds of horns or emergency sirens. Under exceptions to their Headphone and Earplug law, it was added (V C Section
27400): “(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed
to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's
ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.”
ILLINOIS LIGHTS IT UP
A bill in Illinois to legalize accent lighting on motorcycles passed unanimously through the legislative process and on June
18 was sent to the Governor. HB3944: Amends the Illinois Vehicle Code to provide that a motorcycle may be equipped
with auxiliary accent lights, including standard bulb running lights and light emitting diode pods and strips. Provides that
the auxiliary accent lights shall not be red or white or oscillating, rotating, or flashing lights. Defines "auxiliary accent light".
(a) A motorcycle may be equipped with any number of auxiliary accent lights, including standard bulb running lights and
light emitting diode pods and strips of various colors.
(b) The auxiliary accent lights allowed under subsection (a) of this Section shall not be red or white or oscillating, rotating,
or flashing lights.
(c) For the purposes of this Section, "auxiliary accent light" means any lighted lamp or illuminating device placed upon a
motorcycle, other than head lamps, spot lamps, auxiliary driving lamps, signal lamps, or hazard warning lamps.
“Accent lighting are the small colored lights tucked in on the underside of motorcycle gas tanks and frames,” explains
ABATE of Illinois on their website (www.ABATE-IL.org), which supports the measure. “We are looking at legalizing them
to be operating while the bike is in motion. They do not interfere with operator eyesight and will actually help in the
reduction of bikers being ‘T-Boned’ at night with the extra lighting which will reduce Fatalities and Deaths. The bill
increases visibility of motorcycles, especially at night.”
Unlike automobiles and light trucks which are required to have side marker lights or wrap around headlights / tail lights
which are visible from the side, motorcycle lights are often only visible from the front and rear and do not have the same
illumination as automobiles. NHTSA published a report on the effectiveness of side marker lights on motor vehicles,
concluding that side marker lights are a cost effective safety device which reduce the number of nighttime angular
collisions that occur in the United States. A similar bill was recently signed into law in Texas, and Maryland, North
Carolina, Pennsylvania and West Virginia have all passed similar legislation, while Missouri and Virginia are currently in
the process of legalizing such lighting.
SURVEY REVEALS RIDERS’ PET PEEVES
In an online survey of motorcyclists conducted in June by Erie Insurance, nationwide respondents were asked to share
their top five pet peeves about both other motorcycle riders and car drivers:
Top Five Complaints About Fellow Riders: #1: Riding Recklessly (ie: speeding, weaving through traffic, doing wheelies) 56%; #2: Passing on the Shoulder - 41%; #3: Lane Splitting - 36%; #4: Wearing shorts, sandals, tank tops, etc - 35%;
#5: Riders who don’t wear helmets - 28%.
Top Five Complaints About Vehicle Drivers: #1: Drivers who don’t check their blind spots before changing lanes - 55%;
#2: Texting while driving - 53%; #3: Reckless Driving (i.e., speeding, weaving in and out of traffic) - 50%; #4: Drivers who
tailgate - 43%; #5: Not signaling when turning or changing lanes - 42%.
THE NMMRO NEWSLETTER
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Conviction of 29 years overturned no Justice
Mark Wolfe
This is a case the New Mexico motorcycle community followed in support for a year and a half. We filled the
court room with motorcyclist in support of the victims so they would know someone was holding them
accountable. The drunk driver Cordova had political affiliations with his brother being previous sheriff of that
town. So many things went wrong with this case with a corrupt Sheriff’s department in that community along
with the truck being destroyed, but the strong presence from our community and letter writing campaign to
DA got a conviction of 29 years. Now the conviction has been over turned because they did not get a warrant
to enter Cordova's home when they went to arrest him. Cordova fled the scene on foot and left truck behind.
Due to blood on the steering wheel and broken windshield the police entered on a well check. This man who
killed a motorcyclist Mark Wolfe, when he rammed his truck in to five motorcycles severely injuring some of
the riders may now go free. There is no justice for these victims who now feel victimized all over again. We
now need to unite again to insure that the court system does not allow this repeat drunk driver to kill again.
Deb Hill who was severely hurt in this crash still attends out NMMRO and COC meetings.
Annette Torrez
http://www.kob.com/article/stories/s3827838.shtml#.VYDg5lJOLCT
Updated: 06/16/2015 6:46 PM | Created: 06/16/2015 6:06 PM
By: Stuart Dyson, KOB Eyewitness News 4
It was one of the most notorious drunk driving crashes in recent New Mexico history - now the man convicted
for it may find his way to freedom, thanks to a ruling from the state Court of Appeals.
Juan de Dios Cordova was found guilty of killing one motorcyclist and injuring others. He is currently serving a
29-year prison sentence, but he might not have to finish it.
It happened Memorial Day weekend in 2011 - a pickup truck slammed head on into a group of four
motorcycles on the High Road to Taos. It killed 51-year-old Mark Wolfe and sent his wife, Debbie Hill, to the
hospital with severe injuries.
The case mobilized the state's motorcycling population. Cordova was convicted of drunk driving, vehicular
homicide and a whole slew of other crimes, including leaving the scene of the accident. In fact deputies
entered his house, found him in bed drunk, and arrested him.
They did not have a warrant. The Appeals Court ruled there was no emergency that would allow them to
lawfully do that, so the evidence gathered in the house during the arrest was tainted and should not have
been allowed in the trial.
Debbie Hill spent months recovering from two broken leg bones, two torn-up knees, a broken pelvis, a
crushed elbow and a head injury, along with the incalculable heartbreak of losing her husband. The court
ruling staggered her.
"I'm very disappointed, and that's an understatement," Hill said Tuesday at her house in Algodones. "You just
feel victimized again, just like being a victim all over again. I feel like any gains you made in your life just kind
of get set back."
Now much of her work since the crash is in jeopardy.
"My complete motivation in this entire time has been and always will be to keep Juan Cordova off the roads of
New Mexico for as long as I can, Hill said.
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Our concern now is what kind of message does this send to repeat DWI offenders?" said Annette Torrez, who
is active with the New Mexico Motorcycle Rights Organization and Mothers against Drunk Driving. "It is
extremely concerning. Does he not have to answer for a death and the injuries to the motorcyclists?"
All along, Cordova has said that his truck was stolen and he was not in it when it crashed into the motorcycles.
That truck was a major piece of physical evidence in the case, but a towing company crushed it while it was in
the custody of then-Sheriff Tommy Rodella of Rio Arriba County, who is now serving federal prison time for an
unrelated crime.
Prosecutors now have 30 days to decide if they'll appeal, this time to the state Supreme Court. They will also
have to decide whether they will seek a new trial for Cordova - and whether they can convict him without the
evidence from his arrest. That would be statements he made at the time, slurred speech, bloodshot eyes, the
aroma of booze, the alcohol in his system itself - and the truck keys in his pocket.
THE NMMRO NEWSLETTER
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NO-COLORS Welcome …
Establishments as reported by NMMRO members who:
 Welcome Bikers and provide friendly service or
 Leo’s Nightclub
 High Noon Restaurant
 American Legion Post 49
Do not allow Colors or have refused service to a Motorcyclist.
 Rt 66 Casino
 Smokehouse BBQ
 Twin Peaks Bar & Grill

Malarkeys

BJ's Brew House
Billy’s Long Bar
Santa Ana Casino
Burt’s Tikki Lounge
Silva’s in Bernalillo
Cottonwood Mall
Slate Street – Rio Rancho
Hard Rock Casino
Stone Face Tavern
Horse & Angel Tavern
T.D.'s Showclub
The Library Bar-Grill
Ned’s on the Rio Grande
Uptown Sports Bar
l
Sandia Casino
Los Ojos Locos
That Damn Bar
This list will be updated and published in every newsletter.
Please email Annette Torrez with new submissions or resolutions
[email protected]
Calendar of Events…
July 24-26
Rt 66 Freedom Ride and Flight Cruise in salute to
our Armed Forces
Gallup NM
July 25
Bernalillo Family Day
See flyer
July 28
5-8pm
Cycle Gear Bike Night
Funds to Benefit the COC
12:00 pm
Aug 8th
NMMRO and COC meeting together Post 49
Post 49,11005 Central Ave, Albuq
9am-3pm
Aug 22nd
2nd Annual NNMCOC Swap Meet
Caravan Night Club on Central see attached flyer
Aug 29th
Guardians of the Children Scavenger Hunt and
Event to benefit Carrie Tingle Children's Hospital
Aug 29th
Scotty Angel Memorial Ride Run Rescue Riders
MC
starts at Indian Motorcycle dealership
Sept 5th
ChoppHearse Memorial Run
Run to crash site Angel Fire
Tuesday Night
Cycle Gear
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