Saturday, October 11, 2014

Riding Clubs & Associations - the DOWN SIDE to being identifiable

So you want to be in a riding club or motorcycle association....

Do you know the risks of being in an identifiable group like motorcycle riding club?

HOW ABOUT BEING SUED FOR BEING NOISY?

Does your riding club or association have insurance?
Can you afford a lawyer?  Will your insurance provide one?
Do you have a Defence Fund? Are you prepared for an increase in your insurance, assuming you have some.

We have well and truly become Americanized; where everyone sues everyone in order to force their point of view.

The Fort Saskatchewan Motorcycle Association has been named in a lawsuit along with the city of Fort Saskatchewan, a number of city officials, Justice Minister Jonathan Denis and the RCMP according to and article in the Fort Saskatchewan Record.

The courts will take two weeks to decide if this case will move ahead, however, whether it moves forward or not, there is a certain amount of damage already done to the FSMA over this and that is that their association's insurance premiums will most likely be increased and that will cause the group untold financial discomfort and could put their Toy Run and Cancer Run at jeopardy. In fact, this could reverberate down to every non profit and their insurance.

The dispute stems from the noise of motorcycles, and according to news articles, the man at the centre of the dispute, Richard Charles Jones who is 70 years of age, says he has been battling for 15 years over the noise generated by the FSMA's Toy Run. He's been a resident of Fort Saskatchewan Alberta for 17 years according to the referenced article. The FSMA has been around since the 1970's.

He claims: "“I’m a reasonably patient man but 15 years has just put me over the top, especially with that Toy Run parade, which is nothing but a hoax,” Jones said, adding he believes the Fort Saskatchewan Motorcycle Association misrepresents themselves and is a “clandestine” organization.

“This is a hoax for a bunch of bikers to get together and make a lot of noise. That’s all it’s ever been and it will never be anything else,” the plaintiff remarked." End Quote

I have attempted to find out which Quebec community won an 8 million dollar lawsuit that Mr. Jones references in his interview. I will be working very hard to find that come Monday as of the time of wiring I have had no success finding that information.

There is a partial solution to the motorcycle noise problem, one that would eliminate probably 70% or better of the noise issues and complaints and that is for motorcycle dealers to quit selling aftermarket pipes that are meant for off road use only and putting them on for highway use motorcycles.

If it were illegal to sell them and install them and dealers were fined - we'd resolve a lot of the issue.

Yes, there would still be the guys who would modify their exhaust on their own, but with the lack of knowledge most people have of computer controlled fuel systems etc., they would be fewer and farther between. Once their motorcycle started running like crap they'd be repairing their exhaust.

Another part of the solution, is for riders who are respectful, who don't want to be targeted or sued all the time to out those who are not considerate or respectful. That could be done a number of ways.  I'll leave it to your imagination as to how you could help keep the disrespectful in your community in line a little more.

Another thing that could be done is a signage program asking visitors and local riders to respect one's community by throttling down in residential, hospital, seniors home and school zones.  Reminders NEVER HURT.

Or we could all turn to electric motorcycles.
Then no one could bitch about us or our noise, because we wouldn't make much noise.

The bad assed image, the role playing so many who get on a motorcycle partake in; that's our problem!

The man in this lawsuit, Richard Jones, has had an offer of financial support for his court costs from the group One Square Inch of Silence, a Seattle noise-free advocate group for Washington’s Olympic National Park according to the article referenced above.  I will be making phone calls to find out if that is in fact true.

Alberta has become the centre of the fight against motorcycle noise pollution in Canada.
The eyes of noise pollution activists are going to be on this suit as it has been reported throughout the media all across North America.

This man, Richard Jones, has set a dangerous precedent and whether he is successful or not, others who follow will learn and change tactics and the try it again - have no doubt about that.

A non-profit motorcycle association, one that has been around since the 70's is facing a legal battle they cannot afford to fight and why? Because they are identifiable; visible.

The Fort Saskatchewan Motorcycle Association needs help. If for no other reason than the ensuing rise in their insurance premiums, but be aware, they won't be alone. Every riding club and  association's risk factor for being sued just went up and that will reflect in increased premiums most likely.

I want to make one thing abundantly clear to everyone who reads this - this issue of noise is NOT going to go away.

So folks, all of you who are in a social riding club, do you have insurance?
Are you prepared to fight a legal battle if need be?
Do you have a Legal Fund?

If not, you'd best get your affairs in order, because this IS going to become the norm.

I have been PREACHING for years that we needed to self police things, that we needed a riders rights organization, but as usual deaf ears heard none of those dire warnings.

Now everyone who rides with a motorcycle riding club, association etc. could find themselves being sued, even if they aren't the offenders. You are identifiable because you wear a patch, you are at risk while the person with no patch and rides in an obnoxious fashion is not so easily identified.

Well done complacent riders of motorcycles - well done. Its time to pull your heads out of the sand and quit thinking it won't affect you or that it doesn't affect you because it does.  It affects our events, our lifestyle and our freedoms.

Now we all get to pay the price for the inconsiderate few.

M.O.D.E.L. (Motorcyclists Opposed to Discriminatory Exhaust Legislation) has not gotten the support from riders it needs to get rid of the discrimination aspect of the Edmonton Motorcycle Only Noise Bylaw.

Now this situation in Fort Saskatchewan - I guess it is truly time to look at electric motorcycles and how they will allow us to stay riding and on the right side of our neighbours because yeah - we aren't smart enough collectively to do the right thing - PIPE DOWN IN URBAN AREAS and to out those who are destroying it for the rest of us.

This is going to be one expensive lawsuit to fight, and as a non profit they, the FSMA, do NOT have the funds to protect themselves not for the legal fees or the increase in insurance premiums they will undoubtably face.

Our newspaper and web site will be offering all of the support we can to them, but none of that is going to mean anything if people don't reach into their wallets.

Perhaps, just perhaps this lawsuit will be the impetus to a uniting of voices and people to form a Riders Rights Organization. One that can help defend and protect the riding community. I keep hoping, praying....

Your comments on how ridiculous or stupid this is, are not going to change the facts.
Your bitching and whining, is not going to change the facts.
Your spouting off that "Loud Pipes Save Lives" is not going to change the fact that Loud Pipes only saved lives by driving motorcycles right into the ditch: no riders, no death.

I hope that if you are riding today you will be respectful in urban areas and please ride like everyone around you is blind and cannot see you.

Belt Drive Betty
Editor & Rider




Thursday, October 09, 2014

My New Business Year Resolution & An Important Announcement

This past year has been one of the most difficult I have faced in my life and I am so grateful you have had the patience to stick with me through this. My business's new year started on October 1st and man I am glad to be starting with a fresh perspective on things!

After speaking with some really good business people that I know and trust, I have come to a decision regarding the lawsuit against me.

This lawsuit, which has become very personal, has hurt my business and my life in more ways than one.

My integrity as a reporter who does her job properly has been attacked.  In all the years I have been reporting I have only ever had to make three or four corrections and or apologies for getting something wrong or printing something in error.  Yes, I have made some mistakes, I am human, but I have learned so much from those mistakes.

If I've done something out of line - tough as it is to do, I have always taken it on the chin, let me know about it, let's discuss it and if I am wrong, I'll fix it. And because I hate having to apologize,
I work really, really hard at doing a good job, being as impartial and factual as I can.

My husband went through untold stress, enough that he ended up facing some challenges for a bit with his MS. THAT'S REALLY PERSONAL.

In an effort to be prepared for court there were countless of hours of putting emails and documents into spreadsheets and ensuring chronological accuracy along with cross referencing.  There are close to 1000 documents and they all had to be read, highlighted, categorized.
The hours and money spent doing that...

There was the whole being reduced to fundraising thing that humbled the crap out of me.

Then there is how this thing has affected my business, with people not paying their bills with me, some breaking contracts and some not wanting to do business with me until this turkey is off my back...there will be a few that I will never do business with again because they displayed a total lack of integrity and you know what, I am fine with firing a customer or walking away from a potential partnership.

Try to stay focused on business - that's rough when 50% of the calls and emails you take are consumed with this ridiculous lawsuit in one way or another.

The toll it has taken has been enormous.

My New Business Year Resolution? I AM NOT PLAYING THIS GAME ANYMORE!

Since the Sturgis Canada event in August, no one has been able to contact Ray or their lawyer/s.
NO ONE is responding.

I could go to the expense of forcing the case to move ahead to clear my name and get this turkey off my back, loosing my business, my sanity and everything else OR....
I can just let it be and let them make the next move, make them spend the money first.
It could end up hanging there for years, and if it does hang around, I'll deal with it when my business is better financially prepared to.

Why spend money I don't have on a lawyer, until I absolutely have to. Why sell my bike if I don't really need to just yet.

If it affects some people to the point they don't want to do business with me, then so be it.
I have a letter from my attorney that explains how there is no substance to their case and I have a ton of supporting documents to back it all up with.
I have been told I can share those documents to prospective advertisers and partners.
If after they read them they are still concerned, then there is nothing more I can do but walk away.

I am not going to worry about it any more.

Ray I am sure has bigger fish to fry than me right now.
He is facing a BC Securities Inquiry for a second time at the end of the month. There is a four day hearing scheduled.  If anything significant comes out of that I will share what I am able. His trial in Arizona moves forward in May of 2015.  Other than that, I don't want to think about this person or his event much less speak of it again.

Things are going to be tough for the next 6-8 weeks as I get ready to pay my final, for now, lawyer's bill, but there are blue skies ahead and I am heading for them, no I am AIMING for them.

I am not letting these people or that event steal one more minute of joy, happiness or gratitude out of my life.

And believe me - I am grateful for so much.

I am part of a community that has supported me, albeit I am sure you are tired of this whole ridiculous affair called a lawsuit. I know I am. I have a husband who has stood beside me, fabulous friends who let me vent and lend me strength, I AM SOOOOO Blessed.

With out your support I don't know where I would be, but I know this...
I promised to pay it forward and that is exactly what I intend to do!

We are going to get back to what we do best with a vengeance!

We are going to help promote the Canadian Riding Scene in a way that has NEVER been attempted before. Along with some fabulous sponsors and some incredible media partners we are going to be giving away over $65,000 in advertising support to 12 Canadian Communities.

The winning community will get a marketing campaign made up for them from our pool of media partners worth $35,000! They will get a sign for the entrance to their town and they will also get a trophy and the bragging rights as "Canada's MOST Rider Friendly Community!"

With YOUR help, we are going to find that community and when we do, we are going to help that community promote itself to the riding community through every avenue possible.

Watch your emails, Facebook pages, Twitter feeds and more because this is going to be the most interesting contest we have EVER HOSTED!

I wanted you to have as much time as we can give you to start thinking about what community you love to ride to, or about your own community and is it rider friendly?

So I thought this was a fitting time to share with you - this has been a daunting contest to put together and while not all details are finalized, the time for YOU to start planning in NOW!

What community hosts the best event? Has the best customer service, unique roads to ride...
Why do you love the community you live in?
How can you tell a story that will make others want to experience your community?

Think long and hard...

Here is an overview of the contest and how it works...

Prize Chart
1) Submit your nomination for a community; you will submit the written information on why and how the community is rider friendly. You can back up your submission with photos and video if you choose (we highly recommend you do)

2) If yours is the first nomination for your community, it will be referred to as the primary nomination.

3) If the community you are nominating has already been nominated by someone your nomination will be considered a supporting nomination and will be placed under the primary nomination.

4) The more supporting nominations a community receives the better chance the community has of moving on from the judging panel to the first Public/Social Voting Period.

5) All primary nominations and supporting nominations for each community will make up their entry and if they move on, their voting page.

The In House judging panel will choose the top 12, 6 from each bracket, east and west.

The nominations will be scored using a 100-point system.
•Originality (25%)
•Community history, events and tourism offerings (25%)
•Pride in community (spirit), the number of supporting submissions (25%)
•Number of Rider Friendly Business Association® Members that are in the community’s proximity (25%)

Once the judging period is over, the top 6 communities from each bracket, east and west will move to the public/social voting phases.

Now that's the basics and they should not change.

Start thinking of how you are going to use video, photos, historical ties to the motorcycle community, events, road side attractions, tourism offerings, great roads, and great customer service to tie it all into a fantastic nomination.

The competition is limited to communities with populations of 125,000 and SMALLER.
The competition is about how well you can sell your town as being rider friendly, about how many riders you can persuade to vote for your town if your town makes it past the judging panel!

A united approach to this contest will work the best - so get with your Chamber of Commerce, your Economic development office, your tourism department and work as a team to promote your community to the rest of Canada and the world...

Beginning Monday we will start reaching out to all of the Chambers of Commerce, Community Service Organizations, Riding Clubs, Tourism Departments, Dealers etc...

Who will be "Canada's MOST Rider Friendly Community?"

Let's see some Canadian Pride, some community pride and some good old fashioned rivalries!

It all begins Canada Day July 1st when we open the web site up to receive the first nominations!

Have a fantastic day and don't forget to read the Busted Knuckle Chronicles - Canada's Rider Powered Newspaper! It's in your inbox this morning and available at www.bustedknucklenews.com

If you are blessed to be riding today, please remember to ride like everyone around you is blind and cannot see you...

Belt Drive Betty
Editor & Rider
























Tuesday, October 07, 2014

Non Profit Motorcycle Club being sued over NOISE

According to an article on the CBC web site and one in the National Post,  the City of Fort Saskatchewan, the RCMP, and the Fort Saskatchewan Motorcycle Association are being sued by an elderly gent who is tired of having his peace and quiet disrupted.

He says his complaints have fallen on deaf ears for 18 years and he's tired of it.

Noise, it has become such a bone of contention and as our cities get bigger, it will become even more contentious.

I know what the gent in these articles, Richard Jones, feels like. I truly can empathize.

When we bought our home in 2001, it was on a dead end street with a green space at the top of the T intersection that separated our community of Avondale from the bypass.  It was wonderful, two school yards in our back yard (so very quiet at night) and very little traffic in the front.

We felt like we lived in the country with all of the conveniences of being in a small city.

Then the city, in its wisdom, punched through that lovely green space and put a connector to the bypass in.

Our street became a race track.  To slow traffic down, the city the installed these hideous centre dividers with planted trees in them, and installed bike paths although the bicyclists still prefer to use the sidewalk.  They installed these ridiculous bulbous sidewalk turnouts at every intersection so that pedestrians didn't have so far to go to cross the road (Like 10' makes that much of a difference to a person on foot).

All through this process, no matter how much people didn't want this development, not the connector to the bypass or the stupid big cement planters, or the idiotic 3 blocks of bike path, no one would listen to the people who live here.

All of the planning and info meetings were nothing more than a delivery method that said this is what you are getting. There was no consideration for those who live here.

The hideous planters did little to slow people down and when you add the new fire hall into the mix, (we are now on a major route now for the fire trucks), let's just say what used to be a peaceful place to live is no longer peaceful.

Our street used to be a major school bus route and in the winter it was cleaned so fast and so well but now, because of those ridiculously hideous planters and the sidewalk turnouts at the intersections, our street is not the priority it once was and the grader operators have a hell of a time trying to clear our street now.

I understand Mr. Jones frustration with the noise.  For him the noise might be motorcycles, in our case, it's chipped up 4 x 4's and import cars with booming stereos and fire trucks. We have the odd biker that rips through our neighbourhood on the throttle, barking their pipes steady - they piss me off too, but most people who ride through our neighbourhood are polite and respectful.

I know this much:

- There are inconsiderate people in every walk of our society.
- Change is the inevitable.
- Growth has both a positive and negative side.

My husband an I still lament the changes, we still long for the "old" days when our community was a peaceful and restful place at night. (School yards during the day are noisy and we have two directly out back of our home.)

What are the answers to teaching people consideration?
What are the answers to having our elected officials actually listening to their citizens and being fair, impartial and realistic in their approaches to situations?
What are the answers to noise pollution?

I have no idea.

Richard Jones says he's in it for the long haul, that he's tired of being ignored.

Is this a frivolous lawsuit or is it meant to force the city of Fort Saskatchewan to adopt a motorcycle only noise bylaw or more?

I'd love to go set up a video camera on this man's street and record the traffic and noise he says he experiences.  I wonder if all that noise he talks about is truly motorcycles.

I still can't fathom someone suing a non profit association that does so much good in their community.

Did it really need to go this far?

I wonder if at any point it was ever suggested that all parties get together and have a chat?

While I empathize with Mr. Jones, I think his way of going about things is horribly wrong minded, that's my personal feeling.

What say you?

I'll be contacting people from the Fort Saskatchewan Motorcycle Association and seeing if there is anything we can do to assist them in their legal battle. I know all too well how time consuming, how costly and how frustrating it is to be named in a suit that is just so wrong on so many levels.

Have a great day, and if you are blessed enough to be riding today, please, ride like everyone around you is blind and cannot see you.

Belt Drive Betty,
Editor & Rider