| Quig 12-25-43 -- 9-15-07 |
-What is a helmet and what does the California helmet law require?
-Traffic officers and the rules they (should) follow to enforce the helmet law.
-Fun and informative places to examine.
-Motorcycle related bills and laws that may be new to you.
-Motorcycle related stuff - Or not.
BOLT was last updated
3/10/08
A site dedicated to motorcycle Rights through Judicial and Legislative information.
| Report any traffic ticket you got on your motorcycle to the BikerNation database. Click Here |
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-Get answers from the most knowledgeable guys on "the law suit."
“I long to accomplish a great and noble task, but it is my chief duty to accomplish small tasks as if they were great and noble.” —Helen Keller |
| The California Motorcycle helmet law will not be in existence for much longer. The information you read here will insure that you can watch the final days of one of the most hideous examples of an unconstitutionally enforced law. You can choose to help speed the end of this law, or you can watch and not act. Act now and donate to the Fund to Support the Quigley v. CHP civil lawsuit. Why? What's wrong with the helmet law? Isn't it doing alot of good? Depends on what angle you view it from. A top California Highway Patrol (CHP) officer testified under oath in a recorded Deposition, that if the CHP were to enforce any part of the helmet law differently than it is enforced now, it would render the law completely unenforceable. OK, but how is it enforced that screams, "WRONG"? If the speed limit was enforced the same way, they would take all the numbers off the speed limit signs. And you say, "Well, how would you know if you are speeding or not?" Answer - That's easy. You'll know you are speeding when you get a ticket for speeding. But you wouldn't know if you were speeding until it was too late. Doesn't the government have a responsibility to make clear exactly what specific actions are prohibited? Yes. There must be a definite line between what is allowed and what is not allowed. A citizen must be able to read in the law itself what is required. It's required that motorcycle riders wear helmets while riding on the road, but the CHP writes tickets for not wearing a helmet when the rider is wearing a helmet. So there are criteria for determining what a helmet is, and what isn't a helmet. But you can't read the criteria that would solve the problem. The criteria determining if you wear a legal helmet or an illegal helmet is in the imagination of each officer. So the standards that determine if your helmet is legal or not change every time another police officer looks at you. In 1992 Mike Nivens, in charge of all motorcycle related CHP policy, when asked to spell out specifically how I can comply with the motorcycle helmet law with certainty, told me, "Come on. You know..." For 15 years the CHP has come up with nothing more specific than that. Judges have narrowed what the CHP can do, but when the CHP ignores a Court Order, or gives a Judge the (verbal) finger, no one goes to jail. Riders continue to be ticketed for violating imaginary criteria not found in the law they didn't break. Fight every ticket written by those criteria. |
-You are here
And Action!
| The most concise and legally accurate description of the helmet law problem in any state, as explained by Richard Quigley.... " ....the government cannot make any objective standards for helmets without taking on liability, and since they are expressly forbidden from taking on any liability, they can never make an objective standard for helmets. There it is. Without an objective standard it all becomes ad hoc and arbitrary - Ad hoc and arbitrary is the foundation of vague law - Vague law is Unconstitutional." |
| Bikers Of Lesser Tolerance members at the First Helmet Law Defense League Summit in Hollywood, California, in 1992. There is a core group represented here, that had the foresight to value the principles that makes BOLT the effective force that it is against bad laws and bad cops. |
| Assemblyman Roger Niello and Quig getting more acquainted. March 10, 2007 |
This helmet (right) is a creation
of the webmaster, BOLT
member, Mark. As you can see,
it is about the size of a music CD.
It is a real brain twister for the
officer who "knows" a helmet
should look a certain way, and
this isn't it. But it has a "hard
shell and a chin strap" that most
officers believe is required by
law.
No, not required.
of the webmaster, BOLT
member, Mark. As you can see,
it is about the size of a music CD.
It is a real brain twister for the
officer who "knows" a helmet
should look a certain way, and
this isn't it. But it has a "hard
shell and a chin strap" that most
officers believe is required by
law.
No, not required.
| Official Memorial Patch $10.00 Order yours here |
Proceeds go to the lawsuit to stop the enforcement of the California helmet law.
BOLT of California
Quig Showed Us Real Sacrifice
Richard Quigley left this world on September 15, 2007. He was 63.
He won’t be forgotten, and his accomplishments will be enjoyed by bikers for decades to
come. Maybe all the ways he will be appreciated have already been explained.
Maybe not.
Many people who lived through the “Depression” felt uncomfortable about spending their
money. They learned you’ll never know when you need to have a stockpile for reserve.
Richard wasn’t that old, and didn’t live like that.
Many who lived through World War II learned that they had to sacrifice; do without for now,
or they will lose everything forever. But Richard wasn’t that old, and World War II didn’t
teach him about Sacrifice.
After WWII we really learned how to build our bank accounts and estates. The years of
sacrifice were over. Richard started down that path, but something happened. He realized
that since you can’t take it with you, and the most positive thing you can leave is a legacy,
priorities changed. He chose to dedicate his time to a battle. He showed us effective ways of
preserving and defending Freedom. He decided to neglect the pursuit of the 6 figure salary,
which he had reached in the 1960s. He knew what he was giving up.
I met Quigley in 1992. Since then, Richard spent a vast majority of his time devoted to finding
the means and ways to take out the California helmet law. When he stood on principle and
opposed the helmet law for 19, 20 and 21 year olds, he showed it is a sacrifice to do what is
right. Many of the people who have and will benefit from his work, turned against him then.
But if state mandated helmet laws are not right for a 22 year old, how is it right for a 20 year
old? You should have heard what was said about Quig because of that. Maybe you
remember.
If you knew how he lived, you knew he didn’t have much. He didn’t need much. He saw his
place as a Freedom Fighter. That was important. Very little else measured up to the
importance of Freedom. Richard was an intelligent guy, but his grasp of law, and ability to
conduct himself so well in front of a Judge was the result of sacrifice. He spent time studying.
Do you? He spent time practicing in front of a Judge. He got tickets and fought them. You
get good at something if that is all you do. The time he spent studying and defending himself
in court was time everyone else spent climbing the career ladder and going to runs and parties
on weekends.
He would always say, “ If you ain’t havin’ fun you just ain’t doin’ it right.” Quig had fun in
court. When you saw him in a courtroom, it seemed as if his whole existence was for the
purpose of being there, and at that time. The court belonged to him. Like a big league
baseball player in a hitting groove. But he wasn’t making the money of the big league player.
At times his team members, friends, would pay the bills for him. He was too valuable playing
the position he played to spend time making bucks to pay the phone bill. FYI, Quig is gone,
but the team is still playing. We will win the game.
I know there are times when it seems we are sacrificing. You only go to 2 movies this month.
You don’t have the 4th drink at the bar, to save money. You only go to Street Vibrations for
the day instead of staying the night. You go to the party instead of the $25.00 run, because
you can get by with spending only $10.00 at the party. Is that sacrifice? What would Quigley
say?
As I look back at the years I knew Richard Quigley, the only time we rode together was when
he had a task to accomplish. I’d ride to Santa Cruz, and a group of bikes would ride from his
favorite coffee shop in the strip mall to the Courthouse. He rode to San Diego for an
organized helmetless run to protest the improper enforcement tactics by the police. Those are
the “fun runs” for a man who sacrifices for what is Right. We respect and honor that work
and sacrifice, and learn from Quig that it produces a great sense of accomplishment and self
esteem. Attributes that children need to learn, and adults eventually realize are the definition
of fun for a grown-up.
Want a great run? Run to your Rights leader and ask how you can get your Fight into 2nd
gear. There are plenty of ways you can step up your game.
How do you have fun in court? Ask a BOLT member.
The months ahead will show what Richard and the others on his team have set up for years. It
is in the process of playing out now. The court methods and legal arguments have taken the
team 16 years to perfect. The team has led well; some cannot follow, but can only support the
team’s plan with money. Some decide not to follow, just to watch. Richard said many times
that you can only do what you can do. I don’t believe you don’t know what you can accomplish
until you try. There is incredible progress toward shutting down the helmet law. That
progress can be accelerated with more help from more riders. The Fight for your Rights is not
a spectator sport. My wish for you is that the leaders in this battle for your Freedom can look
back to see you behind them. Do they see you now?
Quig didn’t sacrifice from fear of spending money.
He didn’t do without the extravagant perks because he couldn’t afford them. He chose to
become the Ultimate Freedom Fighter. Sacrifice is a tool for success that Quig took to the
limit; what an example his life was. You could use it to some degree for your own benefit.
Ready to step up?
There’s fun work to be done.
Mark Temple
Bikers Of Lesser Tolerance (BOLT),
And President of the Sacramento Area, ABATE
Richard Quigley left this world on September 15, 2007. He was 63.
He won’t be forgotten, and his accomplishments will be enjoyed by bikers for decades to
come. Maybe all the ways he will be appreciated have already been explained.
Maybe not.
Many people who lived through the “Depression” felt uncomfortable about spending their
money. They learned you’ll never know when you need to have a stockpile for reserve.
Richard wasn’t that old, and didn’t live like that.
Many who lived through World War II learned that they had to sacrifice; do without for now,
or they will lose everything forever. But Richard wasn’t that old, and World War II didn’t
teach him about Sacrifice.
After WWII we really learned how to build our bank accounts and estates. The years of
sacrifice were over. Richard started down that path, but something happened. He realized
that since you can’t take it with you, and the most positive thing you can leave is a legacy,
priorities changed. He chose to dedicate his time to a battle. He showed us effective ways of
preserving and defending Freedom. He decided to neglect the pursuit of the 6 figure salary,
which he had reached in the 1960s. He knew what he was giving up.
I met Quigley in 1992. Since then, Richard spent a vast majority of his time devoted to finding
the means and ways to take out the California helmet law. When he stood on principle and
opposed the helmet law for 19, 20 and 21 year olds, he showed it is a sacrifice to do what is
right. Many of the people who have and will benefit from his work, turned against him then.
But if state mandated helmet laws are not right for a 22 year old, how is it right for a 20 year
old? You should have heard what was said about Quig because of that. Maybe you
remember.
If you knew how he lived, you knew he didn’t have much. He didn’t need much. He saw his
place as a Freedom Fighter. That was important. Very little else measured up to the
importance of Freedom. Richard was an intelligent guy, but his grasp of law, and ability to
conduct himself so well in front of a Judge was the result of sacrifice. He spent time studying.
Do you? He spent time practicing in front of a Judge. He got tickets and fought them. You
get good at something if that is all you do. The time he spent studying and defending himself
in court was time everyone else spent climbing the career ladder and going to runs and parties
on weekends.
He would always say, “ If you ain’t havin’ fun you just ain’t doin’ it right.” Quig had fun in
court. When you saw him in a courtroom, it seemed as if his whole existence was for the
purpose of being there, and at that time. The court belonged to him. Like a big league
baseball player in a hitting groove. But he wasn’t making the money of the big league player.
At times his team members, friends, would pay the bills for him. He was too valuable playing
the position he played to spend time making bucks to pay the phone bill. FYI, Quig is gone,
but the team is still playing. We will win the game.
I know there are times when it seems we are sacrificing. You only go to 2 movies this month.
You don’t have the 4th drink at the bar, to save money. You only go to Street Vibrations for
the day instead of staying the night. You go to the party instead of the $25.00 run, because
you can get by with spending only $10.00 at the party. Is that sacrifice? What would Quigley
say?
As I look back at the years I knew Richard Quigley, the only time we rode together was when
he had a task to accomplish. I’d ride to Santa Cruz, and a group of bikes would ride from his
favorite coffee shop in the strip mall to the Courthouse. He rode to San Diego for an
organized helmetless run to protest the improper enforcement tactics by the police. Those are
the “fun runs” for a man who sacrifices for what is Right. We respect and honor that work
and sacrifice, and learn from Quig that it produces a great sense of accomplishment and self
esteem. Attributes that children need to learn, and adults eventually realize are the definition
of fun for a grown-up.
Want a great run? Run to your Rights leader and ask how you can get your Fight into 2nd
gear. There are plenty of ways you can step up your game.
How do you have fun in court? Ask a BOLT member.
The months ahead will show what Richard and the others on his team have set up for years. It
is in the process of playing out now. The court methods and legal arguments have taken the
team 16 years to perfect. The team has led well; some cannot follow, but can only support the
team’s plan with money. Some decide not to follow, just to watch. Richard said many times
that you can only do what you can do. I don’t believe you don’t know what you can accomplish
until you try. There is incredible progress toward shutting down the helmet law. That
progress can be accelerated with more help from more riders. The Fight for your Rights is not
a spectator sport. My wish for you is that the leaders in this battle for your Freedom can look
back to see you behind them. Do they see you now?
Quig didn’t sacrifice from fear of spending money.
He didn’t do without the extravagant perks because he couldn’t afford them. He chose to
become the Ultimate Freedom Fighter. Sacrifice is a tool for success that Quig took to the
limit; what an example his life was. You could use it to some degree for your own benefit.
Ready to step up?
There’s fun work to be done.
Mark Temple
Bikers Of Lesser Tolerance (BOLT),
And President of the Sacramento Area, ABATE
Much appreciation to ABATE of Delaware for its contribution of $8500.00 to this fund.
How much of your own freedom are you willing to earn?
How much of your own freedom are you willing to earn?
| Update : We are still maintaining a perfect record. Every time a hearing is held, or a decision of some kind is made by the Judges in our 2 main cases, we win, the Highway Patrol loses. Most recently, February 8, 2008. The CHP asked for a Summary Judgement. In other words, they were saying to the Judge, the motorcyclists are going to lose anyway, why not just end the case now. The Judge disagreed that there is evidence enough to prove we are going to lose. In fact, he stated there was more evidence the motorcyclists could win. The Judge suggested there may be reason to issue an Injunction. That would have the effect of stopping enforcement of the helmet law now. If you have not been a believer yet, that we have an incredibly strong case and a strong likelihood of beating the helmet law, you have to start believing it now. It's no shot in the dark. |
| Here's how I explained it to Lowdown from the Thunder Press. See if it gets printed in the April issue anything like this: When a law enforcement officer 1.) violates a rider's 4th Amendment Rights, 2.) violates a rider's 14th Amendment Rights, 3.) violates a Federal Injunction against improper enforcement, 4.) violates a state law in the traffic code, it is a serious wrong against a person and against our Society. When all 4 violations happen at the same time by issuing 1 helmet ticket to a motorcycle rider, it is an unusually hideous violation of all things this country was designed to stand for. Not often does such a blatant disregard for law and Constitution happen, yet it happens to motorcyclists more than 700 times a year in California. The Civil case against the CHP in Santa Cruz County is so well planned, so clearly stated, and the law so clearly in our favor, that the CHP has lost almost everything they've asked for to this point. We've been granted almost everything we've asked for to this point. Money is the only thing that isn't in the bag yet, but there is a way to help guarantee that part. Go to www.boltofca.com - read and donate to the Judicial Fund. Or via snail mail at: ABATE Judicial Fund 10240 7th Ave Hesperia, CA 92345-2631 Make check payable to ABATE - Judicial Fund After we win in Civil court, which takes money, we will have to defend our win in the California Supreme Court, which will take money. When that win is complete, we will have regained our Freedom to choose. |