It has been a few months since I have written an update on the legal fight to retain freedom from the vague and unenforceable law which seeks to impose wearing of a helmet as a means of oppression under the guise of safety. I have yet to be granted a court date for the petition for Declaratory Judgment on this law. The State (Maryland) has continued to delay with motions for dismissal. We, Terry Nolan and I, continue to submit rebuttals and the legal goes on. Sooner or later the State will have to face us in court but for now we wait.

      Waiting dies not mean doing nothing. Quite the contrary, I have taken every opportunity to demonstrate the stupidity of this law by getting as many tickets as I possibly can. Naturally I have taken each ticket to court and will continue to do so.

      The State, through the police, continues to enforce the law by writing tickets for improper headgear. I continue to win in court by challenging their lack of evidence and lack of clarity of this law. (Click here to view the decision overturning the only conviction that has been had against Lewis.)

      The State still cannot come to grips with the fact that this law is unenforceable. They cannot 1) define a legal helmet 2) produce a comprehensive list of legal helmets of 3) obtain a conviction from anyone who is willing to stand up to them. For some time now I have been convinced that the only way we will win this fight is in the courts.

      Sucking up to politicians and the bureaucracy they represent (you don't really think they represent you do ya?) seems a waste of time and money. Motorcyclists cannot buy the influence that our opponents can, and reason certainly does not prevail in the legislature. I am not condemning the legislative efforts of ABATE. As a grass roots political organization, ABATE has become a model of how the system should work. Reality however, is that we are a small fish playing is a pond full of sharks, sharks who seek personal gain over your freedom.

      I think it is time that we reinforce our legislative efforts by grabbing the State by the Balls. We are accused of being "public burdens" so let's not disappoint our opponents. Let us start costing the State as much money as we possibly can over the issue of enforcing the helmet law.

1. Actively seek being ticketed for violation of this law. challenge each and every ticket in the courts. Demand that the State comply with the same laws that they want us to comply with.

      2. Every motorcyclist should start writing letters to the MVA, State Police, County Sheriffs, States Attorneys and City Police asking for detailed information on how to comply with the helmet law with absolute certainty . Make these assholes earn their pay. If the response is not acceptable, write again and send a copy of the letter and response to your elected officials. You have to start documenting the lies and lack of knowledge there people have about this law. Then use their very responses to defend your position about compliance in the courts.

      3. If ticketed, make the State work for you. Under the rules of discovery you can ask for a copy of the officers position of the ticket (font and back) that you were issued. They write their notes about the traffic stop on the ticket. You can ask for his/her training record concerning helmets and helmet laws. You can ask for anything that relates to your case that is evidence against you. Are you starting to see where I am going with this? Make the State work, cost them money, waste their time.

      By doing these things you are robbing them of the profit they hoped to gain by giving you a ticket and expecting you to just pay up and not fight. I do not think that it is improper for ABATE to consider regional freedom rides. Not one a year but perhaps one a month.

      Let us take our issue to the streets and see if the State has the resources to withstand a statewide legal challenge to this law. Right now I am only a minor pain in the State's ass but I intend, with a little help, to become a large hemorrhoid.

      Think about it.
Ride Safe.
Mike

End

Editor's note: Lewis lives in Maryland, but has found the "No List? No Law!" approach to fighting the helmt law and is winning the battle one county at a time. You can ride to his home town and wear nothing and expect to let alone by the police. Lewis is doing an incredible job, in spite of the fact that he has little to no support from the local MROs. (Sound familiar?)
quig