Edition 11-22-07

We do not know what we do not know.

ABATE of Florida, Inc. is the only group in Florida dedicated to protecting your riding rights.  
Become a member today and help stop over legislation.

  jim2007withhair.JPG (146094 bytes)

If you have knowledge, let others light their candles in it. 
--Margaret Fuller, Feminist and poet

Education is not the filling of a pail, but the lighting of a fire. 
William Butler Yates
 

me picking up my new bike.jpg (87206 bytes)Young riders pick a 
destination and go.
 
 Old riders pick a direction and go

"Everybody's got to believe in something. I believe I'll have another beer."
-- W. C. Fields.

You gain strength, courage & confidence by every experience in which you really stop to look fear in the face. You must do the thing which you think you cannot do. 
--Anna Eleanor Roosevelt .

"No law ever written has stopped any robber, rapist or killer, 
like cold blue steel in the hands of their last intended victim."
W. Emerson Wright

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"The difference between the almost right word and the right word is really a large matter—’tis the difference between the lightning-bug and the lightning." - Mark Twain 

The opposite of a correct statement is a false statement. 
The opposite of a profound truth may well be another profound truth.
 Niels Bohr (1885-1962), physicist

"Beware the man of one book."  
 Saint Thomas Aquinas (1225 - 1274), Theologian,  philosopher  

Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming: 
WOW - What a Ride!"

"Consciously or unconsciously we all strive to make the kind of a world we like." 
 Oliver Wendell Holmes 

"We Lakota have a close relationship to the buffalo. He is our brother. You can't understand about nature, about the feeling we have toward it, unless you understand how close we were to the buffalo. That animal was almost like a part of ourselves, part of our souls." Lame Deer, Lakota 

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My apologies to those that I said something else would be in this edition. After some introspection I decided that it would not serve any purpose to alienate the few supporters I have in this world. Who knows, was it the bout with cancer or just age that brings me to this point. 

Therefore I choose to start this edition with humor.

THANK YOU FOR CALLING THE MENTAL HEALTH HOT LINE... 
If you're obsessive/compulsive, please press 1 repeatedly. 

If you're co-dependent, ask someone to press 2 for you. 

If you're a multiple personality, press 3, 4, 5 and 6. 

If you're paranoid and delusional, we already know what you want and who you are. Just stay on the line while we trace your call. 

If you're schizophrenic, please hold, and a little voice will tell you what to press. 

If you're depressed, it probably doesn't matter what you press, it won't do you any good anyway. 

STACEY MULICK; The News Tribune Last updated: November 11th, 2007 06:18 AM (PST)

Tacoma police commanders want to replace most of the department’s motorcycle fleet a few years early to give officers a safer bike to ride. 
The department has asked the city for $200,000 toward that effort. The request is part of City Manager Eric Anderson’s recommendations for the 2007-08 budget adjustment.

The proposal: Police want to replace their 18 Kawasaki Police 1000 motorcycles with 16 2008 Harley-Davidson Road King motorcycles.

Why: When the department bought the Kawasaki motorcycles in 2001 and 2002, they weren’t equipped with an anti-lock brake system. In 2004, the department replaced some older motorcycles and bought six Harley-Davidson Road Kings.

At that time, ABS was an optional feature for law enforcement on the Road King model, and Tacoma equipped its bikes with the system, said assistant chief Jim Howatson. ABS is now a standard feature on Harley’s motorcycles.

The advantage of ABS: They stop motorcycles in 40 percent less space than bikes without anti-lock brakes, Howatson said.

“They’ve been super efficient,” he said.

ABS would have come in handy when a Tacoma police officer hit a car that turned in front of him in February, Howatson said.

The officer had his motorcycle’s emergency lights on because he was trying to make a traffic stop. He was hurt in the crash on South 12th Street at South Pine Street when the motorcycle hit the rear of the car.

“Had he been riding a motorcycle with ABS, he would not have collided with the car,” Howatson said. 

The normal replacement process: The motorcycles usually are replaced based on age, mileage and service record. Each bike normally lasts 80,000 miles or eight years.

The urgency now: The motorcycle accident in February sparked Howatson into action.

“It makes you stop and think,” he said. 

Riding a police motorcycle is a high-risk occupation, Howatson said. There have been at least three motorcycle police fatalities and five serious injury accidents in the region in the past 15 years, Howatson said.

“We are doing everything we can to reduce that risk,” Howatson said. “We just want to make sure we have the best safety technology for our officers.” Cost: Each Harley is $22,000. The total cost for 16 Harleys is $352,000. The bikes come fully equipped and striped with the Police Department’s logo.

Paying for it: The department is using $135,000 from its motorcycle replacement fund and $17,000 from the resale of the Kawasakis. The department needs another $200,000 from the city.

Timeline: The City Council is to adopt the 2007-08 budget adjustment Dec. 11.

Howatson said that as soon as the purchase order is signed, the department will order the motorcycles. They should be delivered about 45 days later.

The traffic unit: 16 officers and two sergeants ride motorcycles for the department. Their main focus is to enforce traffic laws within the city limits. They also respond to serious injury and deadly accidents.
Indiana man in biker shooting case Associated Press November 11, 2007 PIERRE, S.D. — A judge erred by having closed meetings with defense attorneys and allowing secret defense testing of evidence from a shooting spree by motorcycle gang members last summer, state lawyers argue.

In a new document filed with the South Dakota Supreme Court, state lawyers have asked the justices to overturn a circuit court order that keeps reasons for the testing confidential and keeps the results secret.

State lawyers say they have a right to that information as part of the two-way discovery process between the prosecution and defense in trial preparations.

“Discovery is designed so that the parties know all the facts and evidence going into a trial,” the state says.

The flap, which is expected to be decided by the high court in January, arose in a case involving Chad Wilson, 32, of Lynnwood, Wash., and John Midmore, 34, of Valparaiso, Ind.

The two are accused of attacking several Outlaws Motorcycle Club members Aug. 8, 2006, at Legion Lake Resort in Custer State Park during the Sturgis Motorcycle Rally. At least 16 shots were fired at the Outlaws, who also fired back.

Wilson is charged with five counts of attempted first-degree murder. Both men face charges of conspiracy, aiding and abetting and committing a felony while armed.

The trial for Wilson, a member of the Hells Angels chapter in San Diego, and Midmore, a prospect of the Hells Angels chapter in British Columbia, had been set to begin Sept. 24 at Custer. It has been postponed until the Supreme Court decides the state appeal.

The state argues that Circuit Judge Jack Delaney abused his discretion by excluding the state from meetings between the judge and defense attorneys in the case. Also, Delaney has hindered the state from doing additional testing of some evidence, the document says.

The evidence in question was found in an abandoned pickup truck leased by Wilson that authorities believe Wilson and Midmore used at the time of the gunfight, which injured six people.

Authorities found several guns, an ammunition clip and bullets in the truck.

“There is a real possibility the defense will try to ambush the state at trial with evidence it may gather and test from the pickup,” the state said in its appeal.

A lawyer for the accused bikers says private meetings with the judge and defense screening of evidence should be confidential so the state doesn’t learn the defense’s strategy before the trial.

The state responded by saying it is only seeking information it is entitled to by state law in the pretrial process.

“An open trial with each side knowing the evidence of the other is contemplated,” the state lawyers say.
Hats off to the Palm Beach and Southeast Chapters for their efforts in getting their members to the council meetings and working with other area motorcyclists to back the City of Delray Beach. Special thanks to everyone who personally made it down and to Demetrios for piping in the legal research to arm us with a bigger hammer 
-----Original Message----- 

Subject: Delray Beach backs off motorcycle restrictions sun-sentinel.com/news/local/palmbeach/sfl-flpdelray1107pnnov07,0,3169052.story South Florida Sun-Sentinel.com 

Delray Beach backs off motorcycle restrictions Bikers' lawyers successfully argue legality By Angel Streeter South Florida Sun-Sentinel November 7, 2007 Delray Beach Bikers rolled into town, threw around their collective weight and forced city leaders to back down from imposing restrictions on motorcycles on Atlantic Avenue.

They did it with brains rather than brawn. Lawyers representing several motorcycle clubs from Palm Beach and Broward counties successfully argued before city commissioners Tuesday that the city would be violating state laws if it stiffened fines and placed additional restrictions on noisy motorcycles.

Facing a roomful of angry motorcycle enthusiasts, the commission agreed to hold off on passing an amendment to the city's noise abatement law to see whether it jibes with state law. It also gave the Delray Beach Police Department 90 days to see whether officers could curtail noise complaints along the strip of retail shops and outdoor cafes by enforcing the current noise ordinance and educating bikers about the law.

"This is a significant victory," said Demetrios C. Kirkiles, attorney for the motorcycle group ABATE. "We made the city pause."

Bikers rallied last month in a collective outcry over the city's original proposal to ban motorcycles altogether on the five-block stretch of Atlantic Avenue from Swinton Avenue to U.S. 1 from 7 a.m. to 11 p.m. But city commissioners shifted gears after hundreds of bikers rode to City Hall two weeks ago to protest the ban.

Instead, they proposed a harsher noise abatement law that would have required motorcycles manufactured after Dec. 31, 1982, riding on downtown Atlantic Avenue to include labeled exhaust systems that meet federal noise emission standards.

The revised law also would have required motorcycles manufactured between 1982 and 1985 to emit 83 or fewer decibels; and for those built after 1985, 80 or fewer decibels.

The ordinance also included clauses against throttle advances and "raucous" noises.

But that wouldn't fly with motorcyclists either.

They argued that the city had no authority to single out motorcycle riders and prevent them from driving on public roads.

They also claimed the city could not impose specific equipment requirements on licensed vehicles. That's the domain of the state.

"We want to resolve this issue the city's having a problem with," said Steven Sessa, a lawyer representing motorcycle clubs. "But this is not a problem that needs legislation. This is not a motorcycle problem. This is a noise problem."

Even though city leaders backed down, they pledged not to let the issue die.

"I do think we need to pass this ordinance," said Mayor Rita Ellis, who first proposed the ban, citing numerous complaints from diners and downtown business owners. "Those of us who do dine downtown see violations of the noise ordinance take place on a regular basis. . . . Officers have told me the top two complaints they get is motorcycle [noise] and parking."

Motorcycle groups also pledged to rein in unruly riders who are creating problems.

"You have to be polite in public," Kirkiles said. "You need to curb your pipes."

Copyright © 2007, South Florida Sun-Sentinel.

Signs You've Grown Up 

1. Your house plants are alive, and you can't smoke any of them. 

2. 90% of the time you spend in front of a computer is for real work. 

3. You keep more food than beer in the fridge. 

4. 6:00 AM is when you get up, not when you go to bed. 

5. You hear your favorite song on an elevator. 

6. You watch the Weather Channel. 

7. Your friends marry and divorce instead of hook up and break up. 

8. You go from 130 days of vacation time to 14. 

9. Jeans and a sweater no longer qualify as "dressed up." 

10. You're the one calling the police because those damn kids next door won't turn down the stereo. 

11. Older relatives feel comfortable telling sex jokes around you. 

12. You don't know what time Taco Bell closes anymore. 

13. Your car insurance goes down and your payments go up. 

14. You feed your dog Science Diet instead of McDonalds leftovers. 

15. Sleeping on the couch makes your back hurt. 

16. You no longer take naps from noon to 6 PM. 

17. Dinner and a movie is the whole date instead of the beginning of one. 

18. Eating a basket of chicken wings at 3 AM would severely upset, rather than settle, your stomach. 

19. A $4.00 bottle of wine is no longer "pretty good stuff." 

20. You actually eat breakfast food at breakfast time. 

21. "I just can't drink the way I used to," replaces, "I'm never going to drink that much again." 

22. You no longer drink at home to save money before going to a bar. 

23. You read this entire list looking desperately for one sign that this doesn't apply to you. 

Mops can really stink out areas where they are stored. If your mop is getting on the nose, don't throw it out, try soaking it in a mixture of 4 tablespoons baking soda and a gallon of water for a while. 

Community connections. Sociologists estimate that people who skip the supermarket in favor of farmers markets have about 10 times the number of conversations while shopping. 
Consider it social networking. 

File this under the anything that helps dept:
Female sex drive problems still a mystery 

CLEVELAND,-- U.S. medical experts have been unable to find an approved and successful medication that will help a woman overcome a marked drop in sexual drive. While testosterone products have been embraced overseas, related products have failed to gain approval in the United States because of arguments against their effectiveness and safety, the Cleveland Plain Dealer said Wednesday. With such proposed medical treatments failing to gain approval from the Food and Drug Administration, women suffering from sexual dysfunction have been left with few options. Psychiatrist Dr. Susan Rako, who wrote the book "The Hormone of Desire," has become a champ- ion for testosterone-based products for female sexual dysfunction. She says that stereotypes about testosterone's effects on women, along with the FDA's stance on the hormone's use for such treatments, are the key roadblocks. "People used to think that if you gave testosterone to women, you turned them into men," she told the newspaper. "The problem has been that the FDA has not identified testosterone deficiency as a state that needs to be treated," she added. 
Sarasota YMCA giving up biggest foster care contract 
By TODD RUGER
SARASOTA -- The Sarasota Family YMCA agreed to give up its largest state foster care contract Tuesday after a state report highlighted serious problems in services to children.

The YMCA was touted as the solution to a troubled state-run foster care system three years ago, when it took over management of a decrepit foster care system in Pinellas and Pasco counties.

The $49 million "north" contract proved to be a huge challenge, and contributed to performance problems in the YMCA's original territory of Sarasota, Manatee and DeSoto counties.

The state will seek a more local lead agency for the Pinellas and Pasco contracts, but the YMCA will stay another year to oversee the transition.

As part of a plan announced Tuesday, the state will renew the YMCA's $22 million contract to provide foster care in Sarasota, Manatee and DeSoto counties for one year, through June 2009.

Performance problems with the YMCA have included failure to make required monthly checks to see that foster children are safe, even though the YMCA gets the most money per child of the 22 private child protection groups around the state.

At the end of the year, the Department of Children and Families will examine whether the agency has made changes called for in a scathing state report released last week.

YMCA officials say they will also focus on fixing eroding relationships with community partners in Sarasota, Manatee and DeSoto.

"We don't think of it as losing," YMCA Metropolitan Board Chairman Ronald Gelbman said at a press conference Monday in Tampa. "We want to make sure we have a much better system down south."

DCF Secretary Bob Butterworth said Gelbman came to him with this offer on Friday afternoon in Fort Myers during a meeting of the Task Force on Child Protection.

Butterworth would not say what his decision would have been if he had not received that offer -- "It doesn't matter now." But he was clear that this was the YMCA's idea.

Gelbman said dropping the north contract was something the YMCA board had talked about for months.

The state review team's report last week said the YMCA had eroded relationships with subcontractors and foster parents in Sarasota and Manatee counties.

That report is a "catalyst" for change at the YMCA, Gelbman said.

The YMCA says the latest data it has analyzed shows it has already started improving in key categories of child safety.

"We've got to get back in touch with our stakeholders," Gelbman said. "They used to be very involved ... but somehow they became unengaged."

The state report knocked the YMCA for dismissing criticism of its services and bullying subcontractors, and the report concluded that YMCA management has become defensive and arrogant.

12th Circuit Chief Circuit Judge Lee Haworth, who was on the state's review team, said the recommended changes 
-- such as improving the YMCA's culture at the management level -- would take a year.

"I think it's a good first step," Haworth said of Tuesday's announcement. "That's the bottom line -- giving these services to the kids."

Judi Lee, a foster parent who has repeatedly questioned the YMCA's actions, said she was glad the state continued the YMCA's south contract for another year.

"I don't want to see us have a knee-jerk reaction and make a big huge change," Lee said. "That may not be in these children's best interest."

"I'm optimistic that we are standing at the door of change; what change is still very much up in the air," Lee said. 
"I'm excited, and I'm happy and I'm relieved."

High-profile mistakes at the agency have included its handling of a Manatee County girl who died from neglect in December and a Pinellas County girl who disappeared for nine months, and was not reported missing for four months by her caseworker.

The Tampa Tribune contributed to this report. 
Last modified: November 07. 2007 9:27AM .
Article published Nov 7, 2007 Hogan's son arrested in traffic crash in Clearwater
 THE ASSOCIATED PRESS 
Celebrity wrestler Hulk Hogan's son was arrested Wednesday on charges stemming from an August street racing crash that left a passenger in his car critically injured, Clearwater police said.

Nick Bollea, 17, turned himself in Wednesday on charges of reckless driving involving serious bodily injury, said Clearwater police spokeswoman Elizabeth Daly-Watts.

Bollea arrived at the Pinellas County Jail handcuffed and escorted by officers. Clearwater police said he posted $10,000 bond and he was later seen leaving with his famous father and his mother, Linda. None of them spoke to reporters.

Both a spokesman for Hogan's family and his lawyers - Morris "Sandy" Weinberg Jr. and Kevin Hayslett - issued statements Wednesday, saying the family was "saddened" that criminal charges have been filed.

"Because Nick is still a juvenile and has no prior criminal record, we are disappointed that he is being charged as an adult offender," spokesman Adam Handelsman said in a statement. "However, we are confident that the evidence will demonstrate that this was an accident."

The statement questioned reports that Bollea's driving at a high speed was the cause of the crash, saying "preliminary reports from the experts indicate that this was not, in fact, a high-speed accident."

Clearwater police said the Aug. 26 crash happened when Bollea lost control of his 1998 Toyota Supra while street racing against a silver Dodge Viper driven by a friend.

Bollea's Supra struck a curb and spun across two lanes of traffic before slamming rear-end first into a palm tree. A report said Bollea was driving faster than 60 mph in a 40 mph zone.

Bollea's passenger, John Graziano, was not wearing a seat belt and was critically injured in the wreck. Bollea, who was wearing a seat belt, was not seriously injured.

Graziano, 22, has been deemed incapacitated, according to attorneys representing his father and mother, who are involved in a court dispute over who should care for him.

Besides the reckless driving charge, authorities cited Bollea for using a motor vehicle in commission of a felony, being a driver under 21 operating a vehicle with a blood-alcohol level of .02 percent or higher and having illegal window tinting.

Blood drawn about two hours after the crash showed that Bollea's blood-alcohol content was 0.055 percent. The blood-alcohol level at which Florida law presumes an adult driver to be impaired is .08 percent.

Graziano, a Dunedin High School graduate and U.S. Marine who served in Iraq, suffered a broken skull and has been comatose since the crash, according to medical professionals who examined him and submitted reports on his condition to court.