COAST TO COAST BIKER NEWS

Compiled and Edited by BILL BISH
Reprinted with permission of
National Coalition of Motorcyclists (NCOM)

MASSACHUSETS MOTORCYCLISTS SUE CITY OVER NOISE ISSUE

The Massachusetts Motorcycle Association (MMA) has announced its intentions to file a class action suit against the city of Newburyport after 230 motorcyclists were issued excessive noise citations despite the fact that only three noise complaints were filed by residents over the last three years.

After reviewing more than 1,500 pages of Police Department documents, MMA Legislative Director Paul Cote said his organization is questioning whether motorcyclists' civil rights were violated in the city, especially considering that many of the citations were issued without sound metering equipment.

On September 19, six months after the MMA requested the documentation, state Supervisor of Public Records Alan Cote ordered the police to release the public documents. What the MMA found after analyzing reams of public "noise" documents was that "Out of the 2,321 noise complaints filed in the last year, three complaints were about motorcycles -- so for me the question is, what's all the noise about," Cote said. "We have enough people to file a class action suit against the city and Police Department."

Cote said that the MMA plans to bring a class action lawsuit against the city for an estimated $150,000 -- the amount in damages to some of the 230 cited riders over the last three years.

Newburyport District Court Judge Peter Doyle has "stayed" all the on-going contested citations awaiting Appeals Court rulings on four cases.

The citation for excessive noise carries a $50 fine, an increased insurance premium of 7 percent for six years, and if more than three citations are issued, the loss of a license for 30 days.

Cote said he believes the city has violated the civil rights of motorcyclists -- especially after Patriots Day weekend when over 50 motorcyclists were issued citations. Some motorcyclists say they were detained at roadblocks, harassed, told to "stay out of my town," and threatened with having their motorcycles confiscated by police Inspector David Foley, who led Newburyport Police on their "Motorcycle Noise Abatement" policy of "directed patrols" this past summer.

Cote said that while only three formal complaints in regard to on-road motorcycles were made in the last three years, the number of citations against motorcyclists continues to grow. In 2000, Cote says there were three noise citations against motorcyclists, but that number grew to 40 citations in 2001, and there were 187 citations filed in 2002. "The number of citations doesn't reflect residents' complaints," he said.

In response to the citations, many motorcyclists have boycotted the city. "There's definitely an unofficial boycott of the city," Cote said. "The economic impact to businesses in Newburyport is a $6 million loss. People aren't coming there even in their cars."

 

 

Untitled Document
Google
  XXXXXXXXXXXXXXXXX