- On January 6, 1997, ABATE of California and the Modified Motorcycle Association (MMA) announced in Sacramento that they were going to seek a total repeal of the California helmet law through the California Legislature.
- BOLT of California remains the only bikers' rights organization in California that has not, as in never, supported a helmet law for adults. The Helmet Law Defense League (HLDL), if it were a rights organization, would be another. Since 1993, both HLDL and BOLT of California have been putting the pressure on MMA and ABATE of California, in an attempt to get them to go for an actual repeal of the California Helmet Law. The pressure finally worked.
- For eight years in a row, the politically expedient strategies of MMA and ABATE of California have failed to deliver a legislative victory to the motorcycling community; six of those years resulting in a mandatory helmet law for adults in California.
- Finally, in 1997, a repeal is in the making, or at least on the table.
- It is unlikely that these self-perceived masters of the political arena (ABATE and MMA) will allow the bill to proceed without amending it at some point to attempt to gain more votes. Virgil Elliott, a newly elected member of the ABATE BOD (and much touted "genius") has already said as much in a recent e-mail:
- BOLT of California remains the only bikers' rights organization in California that has not, as in never, supported a helmet law for adults. The Helmet Law Defense League (HLDL), if it were a rights organization, would be another. Since 1993, both HLDL and BOLT of California have been putting the pressure on MMA and ABATE of California, in an attempt to get them to go for an actual repeal of the California Helmet Law. The pressure finally worked.
- The "interest of perseverance" is no reason to submit a bill to the legislature. It is resolve that will make the difference; the resolve to see to it that right is right and recognized as such by all, including the legislature; the resolve to move aside the impact of the bigotry and outright fraud of Dick Floyd as it manisfested itself in the oppression of bikers through a helmet law; and the resolve of bikers to place principle above politics, and truth above the "expedient" lie.
- It may very well be that there is some form of bill that will actually get through the legislature if there are enough of the "right kind" of compromises. However, BOLT of California will be working toward the passage of this repeal bill, as a repeal bill, with the same dedication BOLT of California has applied to get such language introduced at all . . . hopefully with similar, but greater, positive results.
- There's the story about the guy who walked into the lounge at the local Holiday Inn. He noticed a young woman already seated at the bar having a drink. The guy sat down next to her and struck up a conversation. A couple of drinks later, he said:
- It may very well be that there is some form of bill that will actually get through the legislature if there are enough of the "right kind" of compromises. However, BOLT of California will be working toward the passage of this repeal bill, as a repeal bill, with the same dedication BOLT of California has applied to get such language introduced at all . . . hopefully with similar, but greater, positive results.
- BOLT of California will accept no compromise that includes conceding issues which are morally or ethically unjust -- as was AB-244's compromise of giving up the freedom of those under 21 (including adults 18, 19 and 20) in exchange for a little temporary relief for the rest.
- BOLT of California knows that there is every reason for the Legislature to repeal the law that came in through fraud, corruption and the abuse of process; the "safety benefit" (now revealed as a myth), the bogus public burden theory and the enforcement problems created by the vagueness of law, just to name a few. BOLT of California is also of the opinion that before any compromise is even considered, such flaws in the law have to be addressed.
- ABATE of California and MMA have done some excellent work in debunking the "safety benefit" claims, as well as the "public burden" theory.
- HLDL has the situation with the vagueness of the helmet law wrapped. They stand prepared to take on anyone, particularly NHTSA, over the problems resulting from the absence of a clear standard -- the "list of approved helmets" -- which render all helmet laws unconstitutionally vague.
- And BOLT of California has the goods on the fraud perpetrated by Floyd, based on his bigotry, as well as the inside stuff on the CHP's discriminatory enforcement (including unauthorized modifications) of the California Helmet Law.
- When skillfully presented in a coordinated effort, these flaws in and of themselves should support the no-compromise, and no-reason-to-compromise, stand in support of a full repeal of the helmet law -- as has been maintained by BOLT of California all along.
- There are those who believe that the only reason a repeal was introduced at all was that, politically, ABATE of California and MMA have never been weaker in the California Legislature, and therefore no bill would stand a chance this year anyway . . . that the repeal is just a tactic used by these groups to spark interest in their organizations and increase their membership. There are even those who speculate that the whole concession by MMA and ABATE was (under these circumstances) to make their point -- "We tried a repeal, and that don't work!" -- thereby discouraging the repeal approach forever.
- BOLT of California, on the other hand, firmly maintains that with a coordinated effort on the part of all interested bikers, a full repeal of California's helmet law can be had . . . even with a seemingly unfriendly Legislature and a less than dedicated author. We believe that the truth will overcome the lies. We believe that with the proper strategies applied in a joint effort on behalf of all bikers, a full repeal of California's helmet law is not only possible, but likely.
- At this point, this little victory for BOLT of California is a favorable sign. But the opportunity created by MMA and ABATE of California finally conceding the issue of discriminating against some in exchange for relief for the many, and moving for a full repeal (if only on paper), should not be wasted.
- What say let's all get together and make this little victory work for us like the proverbial mustard seed -- let's make the introduction of this bill stand as the event that turned the tide on the bigotry-driven, bureaucratic oppression which the helmet law represents!
-- EPITAPH --
by Richard Quigley
July 4, 1997- Words do not describe the disgust we at BOLT of California feel about what eventually happened this year (against what we had hoped would happen, see above) in the California Legislature at the hands of the movers and shakers in the motorcyclist rights movement -- ABATE of California and MMA.
- Before the sound of their war-like chant at their so-called "Freedom Rally," held in Sacramento January 8, 1997 -- "NO DEAL, FULL REPEAL!" -- had died, their commitment to a full repeal of California's helmet law was converted to a compromise bill excusing riders over 18 from wearing helmets. By May, AB 1412 was soundly defeated in the Assembly side without ever getting out of committee.
- Mike Osborne, the political whiz-kid of ABATE of California, says however that this is all good news. "Some might consider this a 'step back' but it's hardly that," he wrote in the July newsletter for ABATE of California. "True AB 1412 is stalled until January (1998!!), but consider the plus side; We are ahead of schedule for '98, that is, our bill is already authored and through its first committee!"
- Osborne continued: "That's right, we start right where we left off, in Appropriations, no waiting to get a bill number, no fight through Assembly Transportation. We hit the ground running."
- "Running?" Like in, oh say, beer shits?!? Down our legs? I gotta tell you, this is some world-class snow job! Or at least an uncommon effort that direction.
- Osborne wrapped up his explanation of the great news , "So while this is not a victory for '97, it is a 'step forward' for '98."
- Forward to what?
- Somebody needs to tell this guy what happened. ABATE of California and MMA got the shit kicked out of them in the Legislature this year. Not only that, but it happened to them in spite of their immediate compromise to the only bill they have ever presented that had a chance -- a repeal! There is no logic that would explain how it is that these self-proclaimed giants in the rights movement thought they were going to get an exemption for riders 18 and over through the legislature, with an admitted unfriendly majority, when just last year they were soundly defeated with a 21 and over exemption when they claimed to have a friendly majority (the line being drawn at 21 because that's what was what we have to do to get enough votes to get the bill through ).
- And what does Osborne this of ABATE's track record this year in the legislature? Well, he thinks ABATE's doing fine. He talked about five bills, only one of which was ABATE's (although they weren't listed in support . . . again). He claims to have been responsible for the defeat of Floyd's helmet law for young horsemen, and AB483, the bill that would have made the improper labeling of motorcycle helmets by manufacturers and retailer a misdemeanor. And, he tries to take credit for passage of two other bills (only remotely related to bikers, and not at all to helmets) that would have moved the direction they did with or without his input. Of all this activity he wrote: "Looks to me like we are batting about .850, pretty damn good for a bunch of bikers."
- WHAT? Osborne, you're batting ZERO buddy! Somebody take this guy a dose of reality will ya! He reminds us of the punch-drunk fighter who thinks if he can just keep hitting the other guy's fist with his face long enough, he's going to win the championship. Jesus! What a fucking idiot!!
- Disgusted? Damned right we're disgusted! The only thing that ABATE of California and MMA have accomplished in the past five years is to drive the real Freedom Fighters -- some still surviving in HLDL and BOLT of California -- from the Legislative arena. The result in the Legislature is that instead of a two-fisted fight for freedom -- one the suck-up jab, and the other the stand-up/in-you-face roundhouse -- California bikers are relegated to waiting for the champ (Floyd) to surrender.
- Thank God there's nothing the big dogs can do to stop the fight in the streets or in the courts. BOLT of California members remain committed to that venue, and we are still hangin' in there as best we can.
- Are we going to win? Can't really say. All we know for sure is that every time we get knocked down, it's off our feet, not off our knees. And what the other side (Floyd and company) knows is that, in spite of the odds, (even in spite of many who should be considered on our side opposing us), we just keep coming! -- quig
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or click here to get to the BOLT of California Home Page. - There are those who believe that the only reason a repeal was introduced at all was that, politically, ABATE of California and MMA have never been weaker in the California Legislature, and therefore no bill would stand a chance this year anyway . . . that the repeal is just a tactic used by these groups to spark interest in their organizations and increase their membership. There are even those who speculate that the whole concession by MMA and ABATE was (under these circumstances) to make their point -- "We tried a repeal, and that don't work!" -- thereby discouraging the repeal approach forever.
SCORES A (little)VICTORY
"I do not have great expectations of success in the legislature this year, though we will try again anyway in the interest of perseverance. Our initial bill will be a flat repeal of CVC 27803; no age specification at all. We may have to modify that at some point to gain needed votes, but we start with total repeal as our opening position, and will stick to it as long as it is still viable." (emphasis added)
-- this is not exactly a winning attitude.
"Tell me, for a million dollars, would you go up to my room and have sex with me?"
The young woman replied, "For a million dollars? Sure."
He said, "Well then, how about for a buck?"
She scowled, "A buck? What do you think I am?"
He replied, "We've already established that, all we're negotiating now is price."