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Boston Riders' Lawsuit Dismissed regarding EPA stamp

Published on 3/26/2010


Boston Riders' Lawsuit Dismissed regarding EPA stamp


As reported by the Massachusetts Motorcycle Association (MMA) to its membership last July, a small group of independent motorcycle advocates joined together to file suit against the city of Boston with regard to the Boston EPA Ordinance which would allow the city to ticket any motorcycle, including while parked, if an EPA stamp was not readily visible.  While the MMA does not condone independent action, and believed that the MMA would have been better equipped to act on behalf of the Motorcyclists of the Commonwealth as the recognized Motorcycle Rights Organization of Massachusetts, after consideration the MMA Board agreed that a unified front was warranted by all Motorcyclists and promised to instead monitor the suit:


Unfortunately, the group learned this week that their longstanding suit has been dismissed by Suffolk Superior Court Judge, Charles T. Spurlock.  The basis for the 4 page decision to dismiss the suit was that none of the plaintiffs had been ticketed and therefore have “no standing”.  Indeed no motorcycles have been ticketed since the ordinance went into effect in June, 2009.


The Judge’s decision, however, made no determination on the validity of the ordinance, which has been successfully fought in a number of other cities and towns in Massachusetts and surrounding states (see the MMA website for more details on those situations).


Larry Cahill, of BostonBiker website fame, vowed to continue his boycott of businesses in Boston while this ordinance remains in effect and is asking all Motorcyclists to join him.


In the interim, the motorcycle advocates have vowed to explore options for their next step with their attorney.  The MMA is in the process of reviewing the court’s decision in detail and will determine next steps in Boston while continuing to fight similar ordinances and warrants around the state.


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