loud motorcycles suck sticker

Loud Biker Cult[ure] – Walmart – an observation…

Yesterday, August 21, 2016, after attending worship services at FBC Van Buren, Arkansas and having had the privilege of hearing a wonderful sermon by Pastor Chris Johnson, my Wife and I proceeded to our favorite Mexican food restaurant for great food and great company.

After lunch, we proceeded to the Walmart across the street to gather some supplies for the week before heading home for our much anticipated afternoon coffee.  Since I am a fanatic about vehicle engine maintenance, I generally don’t allow my truck’s oil changes to extend much past the 2500.0 mile marker before pouring in some fresh oil so I opted to have the oil changed in my Tundra while the Wife completed her shopping.

As I drove through the Walmart driveway toward the “oil change” markers for the auto repair section of the store, I observed two large displacement V-twin Harley Davidson products backed up against the store wall.  One Harley was outfitted with an illegal Vance and Hines “Big Radius” exhaust and the other was outfitted with either a Vance and Hines or Rinehart Racing exhaust fitted for the FLH product.  None-the-less, it’s safe to say that both bikes were illegally equipped and illegally LOUD according to Federal and State law.

Arkansas’ Muffler Law:

27-37-601. Noise or smoke producing devices
prohibited.
(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.
(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.
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I’ve observed these motorcycles parked outside the Walmart Auto Center on numerous occasions but did not give it much thought as I drove my truck to the garage door in preparation for the oil change.  After delivering my truck for maintenance, I walked into the Walmart Auto Center and for some reason I felt the strangest bit of concern in my bones, an odd sense of “something is not quite right” and therefore opted to stay and observe the maintenance performed on my truck from a window provided overlooking the maintenance bay.
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After a few minutes of watching and waiting, I noticed that a group of mechanics who were working in the maintenance area had observed the “Loud Motorcycles Suck” sticker proudly displayed on the rear window of my truck.
loud motorcycles suck sticker
They congregated in a group and laughed, tongue-in-cheek remarks and smirks…casual whispers and comments obscured by the glass pane in front of me…
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Then I observed the guy performing the maintenance on my truck continue to refer to a maintenance manual or parts manual as if he was not sure where to begin the maintenance procedure while another mechanic was under my truck in the pit preparing to change the oil filter.  Soon, I heard some vulgarity from the maintenance bay area as the door separating the store from the garage was momentarily opened.  Soon after, I observed the guy who was “attempting” to change my oil filter whispering something about the Toyota product in the bay and that there was some sort of problem.
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I walked out of the maintenance waiting room area and listened as the Walmart employee conveyed the story that the oil filter cap was cracked and he would not be able to replace the filter.  When I inquired about the damage to my truck, I was asked who had performed my last oil service. I advised that Toyota in Katy, Texas had performed the last service (approximately 2500 mi. earlier).  The Walmart representative advised that Toyota had obviously tightened my oil filter cap too tight and cracked it.  I found it rather odd that Walmart would have me believe the oil filter cap had been cracked during installation as opposed to Walmart cracking the cap during their attempt to remove it…a much more likely scenario.
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The Walmart mechanic was very upset, almost to the point of trembling and it is my personal opinion that he actually cracked the cap while attempting to remove it and was dishonest about the scenario – BUT – I had no proof and saw absolutely no sense in arguing the point.  Walmart opted to refill my truck with fresh oil, cancel the work order and send me on my way…now, on to Toyota on Monday to find and install a new oil filter cap.
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I mention this story because immediately prior to my departure from Walmart with a damaged truck, I was approached by the Walmart mechanic that owns the before mentioned Harley equipped with the incredibly LOUD, illegally LOUD, Vance and Hines Big Radius exhaust.  The mechanic asked, “So you don’t like loud motorcycles?”  In response to this question, I slightly grinned an angry grin as the adrenaline began to flow and looked the middle-aged man in the face and told him that of all the things out there that disrupts and destroys the lives of the general public, except for perhaps some of the incredibly LOUD modified diesel trucks on our roadways, LOUD motorcycles are, without a doubt, the biggest culprit to the daily destruction of our quality of life.
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I reiterated the applicable Arkansas law and advised that the only reason he’s allowed to continue in his assault on the general public was due to the apathy of Colonel Bryant of the Arkansas State Police and the immoral and godless compromise of our law enforcement community via their participation in the operation of LOUD motorcycles via police biker clubs and gangs.  The mechanic acknowledged the truth of that statement by a nod of his head.  I explained that I had an active lawsuit over the biker rallies in the area and discussed the de-funding of ONAC years ago while emphasizing the responsibilities of the States and Local Law enforcement as the primary care takers of our roadways concerning vehicular noise laws…about that time we were interrupted by management and a request they had for the mechanic I was speaking with; therefore, we parted ways…
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I’ve said all of that to say this.  I am an old retired Houston Cop who has seen the very worst and the very best of people during my 31-year tenure with the Houston PD and the United Stated Marine Corps where I served as a very young man.  As I watched these mechanics at Walmart coalesce and laugh, taunt, whisper about my “Loud Motorcycles Suck” sticker and the message if conveys concerning their personal “preferences” to ride and drive disrespectfully, irresponsibly LOUD…I want to end the narrative of this article with this important observation…
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With all that I’ve experienced in 31-years of law enforcement, the heartache, the death, the blood, the pride, the arrogance, the machismo, the suffering…as I look back on those years and as I watched the pride and arrogance of those mechanics yesterday during their response to my objection relevant to their irresponsible behavior, I’ve learned this one important truth…when all is said and done, as we draw nearer to deaths door, the truth is that loving, respecting, honoring, caring for the needs of others, striving to do no harm, being gentle and loving whenever possible, being honest and kind, defending the faith and defending the weak…these are truly the things that make life worth living and when done from a positional perspective of honoring our Creator, doing these things well is the ONLY source of true peace and inner-contentment that will allow a man to lay his head down at night and find purpose and significance in this life.
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Loud Motorcycle Community – your behavior is illegal, abusive, bullying, reprehensible, irresponsible and your disrespect for your fellowman requires that you reap what you sow…and God will be faithful to His Word.
child holding ears loud motorcycle croppedtoo loud too bad
Rick Holtsclaw, Houston PD/Retired
Related article: The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/
for FB covera young motor officer
super tuner

EPA Sues Harley for $15 Million…better yet, the Aftermarket “Scam” is out of the bag!!!

Harley to pay $15 million to settle with EPA

http://www.reuters.com/article/us-usa-harley-davidson-lawsuit-idUSKCN10T1JP

http://www.jsonline.com/story/money/business/2016/08/18/harley-davidson-fined-12-million-epa/88945994/

Excerpts: “Harley-Davidson Inc. has agreed to spend $15 million to settle a U.S. Environmental Protection Agency complaint over engine devices the EPA said caused excessive pollution.”

“Harley did not admit liability, and said in a statement it disagrees with the government’s position arguing that the devices were designed and sold to be used in “competition only.””

“The company said the settlement represents “a good faith compromise with the EPA on areas of law we interpret differently, particularly EPA’s assertion that it is illegal for anyone to modify a certified vehicle even if it will be used solely for off-road/closed-course competition.””

“An EPA spokesman said that the vast majority of these tuners were used on public roads.”


So the United States Environmental Protection Agency finally decides to enforce the law and sues Harley Davidson for $15 MILLION DOLLARS over their “super tuners” that were/ are not compliant with EPA air quality mandates.  What’s more interesting and relevant than the lawsuit is the fact that the EPA, after decades of silence and apathy, has acknowledged the motorcycle aftermarket parts “scam” that has gone un-policed and unregulated for many decades.

You see, the motorcycle aftermarket industry is blatantly guilty of criminal conspiratorial conduct.  What?  Yes, the motorcycle aftermarket industry has, for many years, manufactured motorcycle exhaust mechanisms that are in stark violation of EPA noise and particulate emissions standards for street motorcycles, yet these companies have thumbed their defiant, greedy nose at the law by covertly labeling their products as “closed course” “NOT FOR ROAD USE” thereby  creating a “gray” area between legality and non-compliance.

Let me explain.  The higher-end motorcycle aftermarket manufacturers will covertly, discreetly, place a label on their exhaust mechanisms indicating that said exhaust is for competition/closed course use only. But, the stickler is that these companies are fully cognizant of the fact that their NOT FOR ROAD USE exhausts are ultimately going to be installed on a street ready motorcycle.  Do they care…not in the least…that is, they don’t care about the innocent citizenry that will hammered by the illegal NOISE – Noise that is some 4-to-8 times (approximately 110+dB(A) using logarithmic scale) the “total” motorcycle noise emissions restriction of 80 dB(A) as per the US EPA’s Code of Federal Regulations – also note that this 80 dB(A) total motorcycle noise emission restriction has been deemed as the “minimum” level of protection for the general public.  Important?  I think so!!! [and] so does this child…

little girl holding ears at biker parade

EPA muffler label
US EPA Label required for street motorcycle exhausts.  The 80 dB(A) is relevant for all US Street Production Motorcycles beginning with the 1986 year model forward.
honda epa label on frame
EPA Label on the frame of the motorcycle that matches the label on the muffler above designated for the Honda 1000 product.

epa closed course label on muffler

91eed-notforroaduse
You are entering the “grey” area of legality – these exhausts are NOT for use on our public roadways!!!

Anyway, back to our “gray” area and the retail, installation and operation of NOT FOR ROAD USE aftermarket exhausts on street production motorcycles.  You see, there is a direct and undeniable criminal conspiracy existing between:

  1. The manufacturer of the NOT FOR ROAD USE aftermarket exhaust.
  2. The distributor of the NOT FOR ROAD USE aftermarket exhaust.
  3. The retailer of the NOT FOR ROAD USE aftermarket exhaust.
  4. The installer of the NOT FOR ROAD USE aftermarket exhaust.
  5. The operator of the NOT FOR ROAD USE aftermarket exhaust.

Technically, it’s not a violation to manufacture a motorcycle exhaust…

Technically, it’s not a violation to distribute a NOT FOR ROAD USE exhaust…

Technically, it’s not a violation of Federal Law (it is in some States) to retail a NOT FOR ROAD USE EXHAUST (The state violation occurs when the exhaust is sold for use on a road use vehicle)

Technically, it’s not a violation to install a NOT FOR ROAD USE aftermarket exhaust…

BUT… it is a violation when the street motorcycle, equipped with a NOT FOR ROAD USE exhaust, is operated on a public roadway…   “unless it can be shown that such use does not cause the motorcycle to exceed applicable federal standards.” – Personally, in my 31 years as a police officer, I’ve never seen, tested or heard an aftermarket exhaust that was labeled NOT FOR ROAD USE or was “unlabelled” (as most are) that came anywhere close to the NOISE suppression characteristics of the US EPA compliant factory-installed muffler. The sound differentiation between the US EPA approved factory-installed muffler and any of the NOT FOR ROAD USE aftermarket exhausts is stark, undeniable and easily discernible.

Evidence also suggests that an overwhelming number of these NOT FOR ROAD USE exhausts manufactured for large displacement V-twins and their crotch-rocket companions are used exclusively for public roadway use thereby substantiating (mens rea) aforethought and intent by these aftermarket aficionado’s to disobey the laws specifically enacted for the protection of the health and welfare, the quality of life of the American Citizen.  Why has the US EPA neglected to regulate this conspiratorial behavior on the part of the aftermarket industry for some five-decades?

So then, the aftermarket “scam” has finally been acknowledged by the US EPA – Hallelujah! Question is, will they actually flex their enforcement options and stop the vehicular NOISE assault on the American public?

For more information on this aftermarket exhaust/parts “scam” please see the very telling article by Dealers News:  http://www.dealernews.com/dealernews/article/shades-gray-selling-and-installing-aftermarket-exhausts-and-legal-liabilities-dea

Also, for the “Truth” about Loud Motorcycles the Police Won’t or Can’t tell you, please see my article: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Have a nice “quiet” day,

Rick Holtsclaw, Houston PD/Retired

Concerned Citizens Against Loud Motorcycles – Facebook

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76sturgisrallylogo-300x250

Sturgis Motorcycle Rally – Constitutional? Your input requested?

Rally Town returns back to normal

KEVN - Content - News
So the 2016 Sturgis Motorcycle Rally comes to a close and according to this video news report the “Rally Town Returns Back to Normal.”
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Please permit this old cop to ask the following questions and remember that when motorcycle rallies like Sturgis take place, the unlawful and physiologically injurious motorcycle NOISE associated with these rallies is NOT confined to the jurisdictional boundaries of the municipality hosting the event.  Fact is, every municipality on the routes to and from these biker rallies are inundated with the unlawful NOISE that accompanies the rally participants, some 80% of whom are operating illegally equipped, illegally LOUD, dangerously intrusive motorcycles emitting noise emissions that are between four and eight times (logarithmic scale) the legal “total” motorcycle noise emissions of 80 dB(A) as restricted by the US EPA’s Code of Federal Regulations – that 80 dB(A) being stipulated as the “minimum” level of protection for the general public.
EPA muffler label
As you read through the following questions, ask yourself…is the conduct posited within these questions Constitutional?  If your answer is “yes,” please provide a courteous, short explanation as to why you consider the conduct to be lawful and Constitutional. – Conversely – if you consider the conduct to be unconstitutional and unlawful, please provide a short response relevant to how you arrived at your answer .
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Thank you,
Rick Holtsclaw, Houston PD/Retired
equal protection
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Amendment IV Section I
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

42 U.S. Code § 1983

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.”


Constitutional Question
Do municipal officials, acting under the color of law, while involved in a proprietary/non-governmental function (a motorcycle rally), possess the Constitutional authority to disregard well-established Federal and State statutes, local ordinances, enacted specifically for the protection of the health and welfare – the quality of life of the United States Citizen?
  1. Then knowingly, with intent and aforethought, enact a policy or custom of nonfeasance/non-enforcement and in the interest of profit, knowingly and with intentional disregard, invite many thousands of infractions/antisocial conduct into their jurisdiction; antisocial conduct that is in stark violation of well-established laws prohibiting said conduct?
  2. Then subsequently provide no form of proactive protection, reactive protection, control or monitoring of the antisocial conduct that directly negatively impacts the health and welfare, the quality of life of the Citizenry exposed to the intrusively dangerous antisocial conduct that subsequently results in many thousands of violations of Constitutionally guaranteed protections?
  3. When the citizenry suffer injury from this violative decision making on the part of municipal officials, is this a violation of Title 42 U.S.C. § 1983; is this conduct on the part of municipal officials a violation of Constitutionally guaranteed protections established by the Fourteenth Amendment?

Your responses are most appreciated – but – please avoid vulgarity and irrelevant nonsense or personal attacks…please!

Again, Thank you,

Concerned Citizens Against Loud Motorcycles – Facebook

for FB coverme at lubys

 

lady holding ears

Sonar’s Low Freq. Killing Whales? What’s the Loud Biker Cult[ure] and their NOISE doing to us?

 Nature World News

Big Win for Animal Rights: Navy Sonars Are Killing Whales, US Court Rules

Jul 23, 2016 05:49 AM EDT

More Dead Sperm Whales Washing Up On German Shores

The U.S. Navy’s low-frequency sonars cause too much noise in the oceans that could impede the whales’ natural behavior.
(Photo : Alexander Koerner/Getty Images)
http://www.natureworldnews.com/articles/25630/20160723/big-win-animal-rights-navy-sonars-killing-whales-united-states-court-rules.htm
Excerpt:

The Surveillance Towed Array Sensor System Low Frequency Active, or simply SURTASS/LFA, is a long-range sonar that uses 18 source projectors. However, the main issue is on its emission of low-frequency sound, which in some cases caused death and beaching to whales and dolphins.

Michael Jasny, director of NRDC’s marine mammal protection project, said upon hearing the low-frequency sound from the sonar, the animals perceive it as a threat. The sonar could also be heard by animals over a hundred miles, which meant that the sonar could impact a wider range of marine animals.

“It’s important to understand that the ocean is a world of sound, not sight,” he added, noting that the low-frequency wave from the sonar would act as a barrier for whales and other mammals to interact and communicate with each other because the ocean is too noisy.

This leads not only to problems in communication but also in reproduction. Animals will be unable to socialize with their kind or breed due to the loud noise.



loud pipes slash cut-offs

As the originator/moderator of Concerned Citizens Against Loud Motorcycles – FB, I can’t help but wonder what effect the low-frequency sounds emanating from unregulated, intrusively LOUD motor vehicles has on human physiology?  The Loud Biker Cult[ure] will argue that their intrusive, illegal, motorcycle NOISE is “just a passing annoyance.”  Really?
A well-educated member of C-CALM recently wrote a short narrative relevant to the devasting effects of low-frequency sound on human physiology and equates that sound to the low-frequency energy emanating from unregulated, illegal, motorcycle exhausts. Definitely worth a read…
A Mr. Charles Lang writes,

I’m glad someone brought up the issue of the impact and measurement of sound levels. Yes, this is a scientific measurement of sound levels which are, by design and implementation, measures of air pressure variations. A commonly used unit of air pressure is the Pascal (in honor of Blaise Pascal, the father of fluid dynamics). It is sometimes confused with sound power measurements (energy, watts over time). Both are logarithmic (exponential) mathematically and somewhat perceptibly. Thus a six deciBel (honoring Alexander Graham Bell) increase in pressure is a 4x increase in power. I could go in to much more detail but this isn’t the forum to do so. I have taught the physics of sound at a college level, and have spent much of my academic career studying it.

Back to the point, Measurement and effect are somewhat different. Now I’m being academic. The common (legally) used scale for noise measuring instrumentation is “A” weighted, meaning that it accounts for the statistical interpretation of what humans are most sensitive to. I, personally and professionally, don’t agree that an “A” weighted scale tells the whole story. I’m alone in that assessment as far as the EPA and other regulators. This is why I differ. The human sensory system is designed for survival of the species. When we hear a roar (low frequency energy diminished by the “A” weighted instrument), it does not reflect our visceral response. Our adrenal glands produce cortisol designed for “flight or fight”. We haven’t yet evolved beyond that. This human response is well known. Our bloodstream is inundated with a hormone designed to keep us safe. Unmuffled vehicles produce energy below what our ears perceive Yet our body does. It’s known as infrasound. Our military is very aware of this phenomena. We’re wired for it!

Noise is power in every sense, literally and figuratively, and should be minimized such that when it’s necessary for survival it’s useful. Otherwise, it’s like Aesop’s fable of continually “crying wolf”. It eventually loses it’s innate usefulness. Then we die! Mostly from stress related illness, like the number one killer in America, heart disease. I am so perplexed as to why three percent of the population (or less) [the Loud Motorcycle Culture] has this much power over our lives. Man, I could go on…as I type this… unmuffled motorcycles, trucks, et al invade my domicile and my mind, with such a stupid, selfish, idiotic declaration of their perceived freedom. Not to mention our political representatives who blindly support them, cynically, for campaign donations.

Charles Lang

noise effects on children

little girl holding ears at biker parade
Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook
for FB coverme at lubys
chp on chopper

400% Increase in Loud Motorcycle Complaints – yet our Law Enforcement Community does NOTHING!

Before I initiate the actual article, please allow this old cop to set some things straight:

  1. Law enforcement, DO NOT obfuscate and lie to me that you’re actually “protecting” the American citizen; therefore, you don’t have the time to allot for vehicular NOISE control.  Lie from Hades!  I know better – and – please permit me to ask the members of law enforcement’s administration this question, What is more important than protecting the health and welfare, the daily quality of life of the American public that is “daily” hammered by these irresponsible, illegal, selfish motorcycle noise bullies? – It’s your compromise and ignorance relevant to the physiological and psychological injurious ramifications of this abusive conduct that feeds the out of control illegal motorcycle, auto, truck NOISE debacle in our Nation – SHAME ON YOU!
  2. Loud Motorcycle Cult[ure] – I have owned, operated, maintained, some 31 motorcycles since age 12.  I have ridden professionally for years and accumulated many hundreds of thousands of miles on motorcycles; therefore, save your impotent lies for the uninformed general public…I know you and personally, I don’t like you!

Finally, I have a visceral disdain for BULLIES and I consider the members of the Loud Biker Cult[ure] nothing but hedonistic, irresponsible “bullies on motorcycles;” therefore, please…take you vulgar, arrogant, irrelevant, comments elsewhere…this article is strictly for the vehicular NOISE beleaguered American Citizen…

a young motor officer
Thank you, Rick Holtsclaw, Concerned Citizens Against Loud Motorcycles FB

Article Introduction

While performing some research on motorcycle noise in the news, I stumbled across a 2009 article titled “Motorcycle Noise Faces a Legislative Muffler.” The article is authored by a “Coach76” writing in “Biker News” and republished in the “HD Open Road” news/forum. The article is focused on the Loud Biker Cult[ure] in California, their irresponsible behavior and their objections to Senator Pavley’s SB435 motorcycle muffler law aimed at bringing motorcycles in California into compliance with Federal Motorcycle Noise Emissions Standards.

EPA muffler label

Article URL: http://www.hdopenroad.com/biker-news/motorcycle-noise/

Within this article, I noticed the following interesting statistic relevant to motorcycle noise complaints:

“But industry officials are aware a backlash is looming. Harley-Davidson President Jim McCaslin, in a message on the company’s Web site, told riders to pipe down, citing a 400% increase in negative news stories regarding motorcycle noise in the past 10 years. Local [California] dealers warn about it as well.”

hd - turning gas into noise

A subsequent article I investigated is also a California-oriented publication titled, “What You Can Do to Keep Loud Motorcycles in Check,” published August 5th, 2016 by an Amy Bently of the “Press Enterprise” – evidently a Riverside, California area news source.

A Mr. Bruce Farren is quoted in the article speaking of motorcycle noise in Riverside,

“It is a year-round problem on the roads that becomes more annoying in the summer as we open our home windows in the evening as the temperatures cool down.”

man bending over holding ears

Question from the inquiring mind of C-CALM: If, in 2009 (or 10 years prior to the Harley Davidson quote), there had been a “400% increase in negative news stories regarding motorcycle noise…” – and – “Local [California] dealers warn about it [motorcycle noise] as well.” – why is Mr. Bruce Farren complaining about motorcycle noise in Riverside, California as a “year-round problem on the roads” in August of 2016?

Perhaps C-CALM has been incorrect in suggesting that a viable solution to the exponential increase in illegal motorcycle noise is frequent citizenry complaints – perhaps our law enforcement community has become so unethically participatory in the illegal behavior that they’ve become impotent enablers; perhaps our local leadership has prostituted themselves with the Loud Biker Cult[ure] for their disposable income for such an extended period of time that our ONLY viable solution is the United States Civil Court System?  Are our Courts interested?

equal protection

What must a husband, a father, a grandfather do to protect his family from these intrusive motorcycle NOISE bullies? If the police won’t intercede and have opted to compromise their professional ethics by actually becoming part of the Loud biker problem; if our local elected officials compromise our safety by trading our quality of life, our health and welfare for the disposable income of the Loud Biker Cult[ure]; if our Courts refuse to hear our cries for intercession; if our US Congress compromises itself with the Motorcycle Rights Organizations and their lobbyists; if our US EPA turns a deaf hear to the conspiratorial marketing tactics of the motorcycle aftermarket exhaust industry and refuses to enact a National “uniformity of control” by standardizing motorcycle noise enforcement protocol – will it be necessary that a responsible husband, father, grandfather internalize an ideology of vigilantism and be forced to take matters into his own hands? No, this is unacceptable; therefore, where does a daddy turn for help and intercession with this egregious and dangerous Loud Motorcycle NOISE intrusion that is especially physiologically harmful to our most innocent?

child holding ears loud motorcycle croppedtoo loud too bad

Obviously, we can no longer depend on our law enforcement community to actually protect and serve nor can we any longer depend on our elected representatives to have our best interests at heart…perhaps the concept of “serve and protect” has become as obsolete as the edict to “Love one’s neighbor as yourself.”

jacob castillo
This illegal Vance and Hines “Short Shots” NOT FOR ROAD USE exhaust mechanism emits approximately 110 dB(A) under hard acceleration (audible for one-mile+), some six-to-eight times the legal 80 dB(A) “total” motorcycle noise emissions restriction as per the US EPA’s “Code of Federal Regulations” (LOGARITHMIC SCALE) – 80 dB(A) being stipulated as the “minimum” safe level of protection for the general public – WHY IS THIS ALLOWED TO CONTINUE UNABATED BY OUR OUR LAW ENFORCEMENT COMMUNITY? Note the attitude of the Loud Biker Cult[ure] – for more “attitude” see the following URL:

https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook

The Truth About Loud Motorcycles the Police Won’t or Can’t tell you:https://rickeyholtsclaw.wordpress.com/…/the-truth-about-lo…/

http://www.pe.com/ar…/lane-809964-motorcycles-riverside.html

for FB coverpolice kawasaki

oldfortharleydavidson-logo

My “LOUD” Evening at the Harley Dealership – “The Truth Shall set you Free!”

My evening at the Harley Dealership in Fort Smith, Arkansas…5 Aug. 2016

Had dinner this evening with a gentleman who was/possibly is going to offer his services as a witness in my Federal Lawsuit if I can convince the 8th Circuit Court of Appeals to bring the Biker Rally/Motorcycle Noise lawsuit before a jury.

The witness had mentioned that he recently went to a Harley Dealership in Fort Smith, AR and purposefully searched for the EPA muffler label on the Harley products on the showroom floor. The gentleman was rather confused stating that he did not see a single motorcycle muffler with any sort of label on the muffler canister as I had described in an earlier conversation.

EPA muffler label

After dinner, we drove to the Old Fort Harley Davidson Dealership in south Ft. Smith and began looking at the new motorcycles on the showroom floor. I was successful in locating the EPA muffler label on the motorcycles equipped with their factory-installed muffler, but actually viewing the label required one to get down on their hands and knees and, when viewing the motorcycle from the rear with the oval shape of the canister viewed as a clock face, the label was at a low 4 or 5 O’Clock position – I’m assuming that Harley Davidson considers “readily visible location” to be “subjective” and in reference to the amount of difficulty one must exert in order to actually view the label.

As we moved into the main showroom area, I walked down a line of what appeared to be factory fresh Harley Davidson motorcycles, but when I walked up to a Harley Dyna (?) positioned in front of the sales office I noticed the new looking Harley was equipped with a Vance and Hines Short Shot exhaust that emits approximately 110 dB(A) under acceleration and audible for up to and possibly over one-mile…a stark violation of Federal and State law.

vance shorties in black

The Gentleman that had accompanied me to the Dealership asked if the Vance and Hines were legal at which time a salesman exited the nearby office and politely asked if he could help us?

My companion asked the salesman if the Vance’s were legal and the salesman replied “yes”…I interrupted and made the statement that if I were in a patrol function I would cite the operator and do my very best to incarcerate him for operating that particular motorcycle on a public roadway. The salesman, a very polite young man, responded with a stunned look and asked other salesmen or sales managers to come to our location…the salesman looked over at who was apparently management for the Dealership and asked him if the Vance and Hines were legal…the manager’s response was a rather boisterous “YES” and the management person put forth a card of paper stating that according to these people and those people the Vance and Hines were legal in 49 States and that in Arkansas motorcycles noise emissions were permitted up to 92 decibels.

I asked the manager if he would like to wager $1000.00 that the Vance and Hines were illegal and that they were illegal simply by being on the sales floor for retail? The gentleman/biker/manager thought for a moment and declined to accept my bet, but obfuscated about knowing for sure that the Vance and Hines were actually “legal.”

Another manager joined in on the conversation and they began looking for information on the Internet relevant to motorcycle noise legal limits. I asked them to plug-in the Arkansas State muffler law, but they were having difficulty locating the Website and asked if I would speak into the phone and perhaps locate the Arkansas Traffic Law for vehicle mufflers, 27-37-601.

Immediately, the State law appeared on the phone and the salesman began reading subsection (a) that states every motor vehicle operated on the roadways of Arkansas shall be equipped with the “factory-installed muffler” or a muffler meeting the specifications of the “factory-installed muffler.”

Silence…..

2010 Arkansas Code
Title 27 – Transportation
Subtitle 3 – Motor Vehicles And Their Equipment
Chapter 37 – Equipment Regulations
Subchapter 6 – Mufflers
§ 27-37-601 – Noise or smoke producing devices prohibited.

27-37-601. Noise or smoke producing devices prohibited.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

**********

Then I asked management to read subsection (b) which states that it is illegal to “sell” a muffler within the State of Arkansas that does not conform to the specifications of the “factory-installed muffler.”

Silence – then, the question…”Well then, why are they allowing us to sell them?

I replied that Arkansas’ State Police Director, Colonel Bryant, [and AG Leslie Rutledge] was too apathetic and unconcerned to actually enforce the law and that if the Arkansas regulatory enforcement entities were interested, they would simply shut the motorcycle retail facility down.

I asked the sales person if they had a display rack of aftermarket exhaust mechanisms and he replied: “No, there is no display case.”

I turned and walked toward the parts-counter and the first thing I noticed was a display rack filled with Vance and Hines illegal aftermarket exhausts for retail. Adjacent to the Vance and Hines display, near the isle leading to maintenance, was a display rack  full of Cobra aftermarket exhausts for sale.

The sales manager, or some form of management for the Harley Dealership, made an interesting comment about why law enforcement does not bother with writing illegally LOUD motorcycles. He grinned and said that there are so many police officers who ride illegally LOUD that nothing would be done….he spoke of the number of officers that rode in the Fort Smith area on non-compliant LOUD motorcycles and the “club” – “Gang” affiliation of law enforcement groups in the area…

public guardians
Note the illegal Vance and Hines on the law enforcement affiliated motorcycle…

These salesmen and management, though they read the law for themselves, were not concerned in the slightest and as I exited the Harley Dealership as it was closing for the evening, the sales manager or upper management that I had spoken with a few minutes earlier rode off on an incredibly LOUD Harley with what he referred to as RC (?) aftermarket exhausts…this guy was LOUD and exited the Dealership with not a care or concern about the people he was assaulting or the quality of life of the citizens he would disrupt and destroy on his commute back home.

My day at the Harley Dealership,

Video: Evidence of Vehicular Noise Conspiracy in Arkansas: https://www.youtube.com/watch?v=XZ–8v2S784

The “Truth” about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook

for FB coverme at lubys

little girl holding ears at biker parade

Loud Motorcycles/Government Corruption – Do we FIGHT or do we Acquiesce?

To the members of Concerned Citizens Against Loud Motorcycles – Facebook and the vehicular NOISE beleaguered citizenry in general…Do we fight this vehicular NOISE Goliath or do we acquiesce? Will you assist C-CALM in the pursuit of justice against incredible odds? I am a retired law enforcement officer receiving a patrolman’s pension, should I force my family to bear this financial burden alone if there are truly “concerned citizens” who desire the Constitutionally promised equal protection of the laws and desire to see a viable remedy to the operation of illegally equipped, illegally LOUD motor vehicles on our public roadways? I ask you, who will intercede on behalf of our children, our posterity? Do we sit idly by and permit unscrupulous municipal and state officials to ignore our civil protections and literally “invite” the Loud Motorcycle Community to ride slipshod over the Constitution and the protections promised us therein?

steel-horse-rally image
Municipal officials trading our civil protections for profit – can this be Constitutional?

little girl at the 2016 steel horse rally

Child attempting to protect her hearing from the “Parade of Motorcycles” at the 2016 Steel Horse Motorcycle Rally in Fort Smith, Arkansas – advertised as a “family friendly event.”  The egregiously loud/illegally equipped motorcycles at this rally were emitting between four-and-eight times (110 dBA+-) the legal 80 dB(A) total motorcycle noise emissions (logarithmic scale) stipulated as the “minimum” level of protection for the general public.  Are municipal officials permitted to ignore the rule of law specifically established for the protection of the health and welfare of this child and without fear of reprisal invite thousands of violators into their municipalities and provide absolutely no proactive or reactive control measures to ensure the Constitutional protections of the innocent citizenry exposed to the motorcycle NOISE nonsense…while the primary reasoning for these motorcycle rallies is the acquisition of “money” for the city coffer…can municipal officials trade our civil liberties for profit and find shelter under the umbrella of legal precedent?  Parade of motorcycles 2016: https://www.facebook.com/sholtsclaw1/videos/10208933923212601/

As some members of “Concerned Citizens Against Loud Motorcycles” – C-CALM Facebook are already aware, Chief Justice Holmes dismissed “with prejudice” my Federal Civil Rights Lawsuit relevant to Constitutional violations and subsequent violations of US 1983 stemming from the unlawful operation of illegally equipped/illegally LOUD motorcycles at biker rallies.

federal district court of arkansas photo

Unfortunately, the legal “opinion” accompanying the dismissal document suggests that Justice Holmes, or his assistant, never took the time to actually read the “Cause of Action” within the Complaint document and this is evidenced by his use of terminology and an assumption of facts that are not relevant to the core issue of the civil action.

First, Justice Holmes made a special effort to berate the thoroughness and detail of the Complaint document as well as demean my efforts as a Pro Se Plaintiff to seek redress for stark violations of Constitutional protections that ultimately led to a violation of US 1983.

equal protection

Second, Justice Holmes dismissed the civil action with prejudice stating that my sole intent for seeking redress was predicated on nonfeasance or the Defendants failure to enforce a muffler law. Though nonfeasance/non-enforcement of the law by the Defendants is certainly a causative factor leading to the violation of Constitutional protections, non-enforcement is simply incidental to the core issue of official malfeasance. The Defendants, with intent and forethought, committed violations of the 14th Amendment privilege of equal protection of the laws that ultimately resulted in a US 1983 violation.

A succinct overview of the “Cause of Action” concerning Holtsclaw v. Sanders et al.

1) Defendants, Municipal Officials, acting under the “color of law,” opted to involve themselves in a non-governmental function/proprietary function e.g. a motorcycle fund-raising event for the sole purpose of seeking revenue for their respective city coffer.

2) But, the Defendants were confronted with a financial conundrum; The Defendants knew, via experiential knowledge, that an overwhelming majority (the largest number of potential donors) of the motorcyclists attending the rally would be operating motorcycles that were illegally equipped and in stark violation of Federal muffler laws, State muffler laws and local noise ordinances. These motorcyclists are identified as members of the Loud Motorcycle Community.

vance shorties in black

3) To ensure the much-desired financial benefits/disposable income of the Loud Motorcycle Community, the Defendants opted to ignore the rule of law that was specifically enacted for the protection of the health and welfare/the quality of life of the general public.

4) In place of the rule of law, the Defendants’ enacted their own “policy or custom” of nonfeasance or non-enforcement and elected to invite many thousands of motorcyclists into their respective jurisdictions who were operating motorcycles emitting some four-to-eight times the legal 80 dB(A) total motorcycle noise emissions established as the “minimum” safe level of protection for the general public. (db differentials calculated using a logarithmic scale)

5) Statistical evidence confirms that the Defendants did not issue a single citation for infractions of the muffler laws during their respective motorcycle rally event nor did the Defendants issue a single citation for muffler infractions for a six-month period of time surrounding the motorcycle rallies in their respective jurisdictions though many thousands of violations of the muffler laws were present and many thousands of citizens’ civil liberties were violated, as was the Plaintiff’s, by the egregiously LOUD, illegally equipped motorcycles permitted to operate unencumbered within the municipalities and throughout the State of Arkansas. One Defendant, in a published letter on the Internet, openly admits to these violations of civil rights yet did absolutely NOTHING to counter or address them.

6) The Defendants made absolutely no proactive or reactive efforts to protect the citizens of their respective jurisdictions or the citizens of Arkansas from the intrusive and dangerous noise emissions of the Loud Motorcycle Community present in overwhelming numbers at these motorcycle rallies. Noise emissions that have been confirmed as physiologically injurious by the US Congress, US EPA and in a plethora of medical studies conducted by the medical community.

Fact is, unregulated vehicular noise has become the #1 destroyer of daily quality of life standards for many millions of American citizens, especially those living in our congested urban areas. This begs the question:

1) Why are there specific laws controlling motor vehicle noise emissions clearly articulated in the Federal Law (US EPA’s Code of Federal Regulations) and in State Laws throughout the United States?

2) If municipal and state officials can simply refuse to control the onslaught of illegally equipped motor vehicles on our roadways, why continue to maintain these muffler laws in our statutory regulations?

Constitutional Question: Is it Constitutionally sound or can Municipal officials, acting under the color of law, ignore the rule of law enacted specifically for the protection of the health and welfare of the general public and invite many thousands of infractions/violators of that specific rule of law into their jurisdiction and provide absolutely no form of proactive or reactive measures to control the unlawful activity or protect the citizenry exposed to same which ultimately results in thousands of violations to civil liberties – this – while the motivation for this questionable Constitutionally prohibitive conduct is for the sole purpose of profit/revenue for the respective municipal coffer?

Constitutional Question for the 8th Circuit Court of Appeals: Can government officials, with intent and forethought, trade our civil protections for profit and then effectively shelter themselves with legal precedent prohibiting citizen coercion of enforcement of the law?

Should I pursue this appeal in the 8th Circuit Court of Appeals, the potential costs could be staggering. I have, up to this point, paid a $400.00 dollar filing fee to the District Court in Fort Smith, Arkansas and the associated fees for service of the Defendants and printing fees. The appeal process, as per the 8th Circuit Court of Appeals, requires an initial $505.00 filing fee plus the associated fees for notification of the Defendants. In addition, I will be required to seek the assistance of a legal document printing facility familiar with the rules specific to briefs filed with the 8th Circuit in order to ensure the appeal is not summarily rejected due to a failure to adhere to the exacting and very detailed specifics of the Federal Rules of Civil Procedure regulating paper color, font size, binding specifications and formatting.

Question: Is there a sufficient number of “concerned citizens” willing to assist in off-setting or defraying the costs associated with the appeal process which may ultimately include the Defendants attorney fees should the Court order me to pay them. Any amount of assistance would be appreciated. Also, should we be successful in our appeal, the cost of a jury trial will also be factored into the overall expense of this civil action. I am a retired cop on a patrolman’s pension, should I force my family to bear this financial burden alone?  If the Lord wills it and we are victorious, I will refund your contribution with appreciation.

If you are willing to assist in this appeal process, please place your name in the comment section below or contact me via my Email account at: rickholtsclaw@yahoo.com. It is my intention to publish a financial page where each contributor is provided their own private initials and their contribution will be recorded there. On an accompanying page, I will provide a running tab of all expenses. Thus far, three C-CALM members have come forward and offered to help, will you? If you prefer to keep your support confidential, please contact me on the messaging side of my Facebook Page. Or if you prefer, contact me at rickholtsclaw@yahoo.com

Attached is a short video of a motorcycle rally hosted by one of the Defendants involved in Holtsclaw v. Sanders et al: Should Municipal Officials have the authority to violate the rule of law and unnecessarily violate the civil protections of thousands of Citizens for the purpose of procuring revenue for their respective coffer?

Video: https://www.facebook.com/sholtsclaw1/videos/10208933923212601/

Lawsuit: Holtsclaw v. Sanders et al: http://static.lakana.com/…/02/12/3296_001_7003391_ver1.0.pdf

Thank you,

Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook

for FB coverme at lubys