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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."
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