Passes & Canyons Blog

Yeah, it’s cold out there today (Thursday) but that’s not going to stop you from riding, is it? Today was the Last Brass Monkey Run, the ABATE event that closes out each year.

There were indeed people who rode their bikes, as you can see in that photo. And actually there were quite a few more than those guys, that was just the most interesting photo I got so that’s the one I used. Altogether I’d guess there were about 30-40 bikes that showed up.

Was mine one of them? No. Our streets are still covered in ice and snow and there was no way I could get out.

“You’re not going to try to ride your bike, are you?”

No, too much ice on the street.

“Well, you wouldn’t ride even if you could would you? It’s too cold out there!”

Yes, I would ride. That’s why I have heated gear.

But until they make heated tires that melt the snow and ice I have to bow to the whims of winter.

So most of the folks at the Grizzly Rose got there in their cars, including me. And presumably because of the cold there was not that large a crowd. I estimated about 150 in the building at the point when I left. Lots of parking available. The last time I went was a warmer day and I rode, as did many hundreds of others. The parking lot was jammed with bikes. Not today.

And while I knew a few folks there, ABATE members, they were all working the event so I got a bowl of chili and a hot dog and sat down by myself to eat. About then a guy with some pretty interesting facial hair came over and asked me if I’d like to be a judge in the chili contest. Sure, why not? He told me after I ate to go around the corner and do so. So I did but when I got there they told me they had already had 10 judges and 10 was all they needed, so OK, no big deal.

I hung around a bit longer but had other things to do, so I left. Other folks were leaving, too, I could see. Maybe next year the weather will be more cooperative.

Biker Quote for Today

Life is not about waiting for the storms to pass, it’s about learning how to ride in the rain.

It’s that time of winter again. We’ve had some very nice days, good days to be out riding, but with our neighborhood streets covered in snow and ice I can’t get out. The forecast at this time suggests that before the sun does its job on our streets we’ll be having more snow. That’s exactly why I made a point to get out on all three bikes on about December 3 while it was still nicer weather. Who knows if I’ll get out again this year.

Some people are getting out, though. Obviously they don’t live on an inner neighborhood street. I mean, the main streets are clear if you can get to them.

What really amazed me, though, was a couple days ago I was out in my car and on Hampden I saw a guy on a bike. No big deal, except this was during the first melt after the snowstorm and while there was no snow or ice on Hampden, the entire road was very wet and sloppy. This was the sort of condition where your car gets coated in dark brown grime and if you don’t clean off your headlights, when you go to use them you find they don’t cast much light.

So this guy was out riding in this. Which means he was getting himself covered in all this gunk. Yow!

He was on a sportbike and had a helmet and leather jacket but unlike cars, helmets don’t have wipers to continually be clearing that stuff away so you can see. You’re more hard core than me, fella.

The next day I saw someone out, too, but by then the streets were much dryer. But at that point we were only starting to see a little asphalt show through on our street. It would take two or three more days like that to be clear and we’re apparently not going to get those days.

If there’s any way at all that I can get out, though, I will do so on December 31. That’s the day when ABATE of Colorado is having its annual Last Brass Monkey Run. This is intended to be the last riding event of the year but as you can imagine it is not always amenable to riding. So fine, if you can’t ride you go in your car. And I will. But I’d sure like to ride.

This thing has four starting points and the end is at the Grizzly Rose:
North–Rocky Mountain Saloon, 4329 CO Hwy 66, Longmont
East–Flying J Truck Stop, (I-70 Exit 285), 16751 E 32nd Ave, Aurora
South–Big Train Family Restaurant, 3050 N. Nevada Ave, Colorado Springs
West–In the Zone, 15600 West 44th Ave, Golden

If you’re going to participate the idea is to sign in (and sign your waiver) between 10 and 11 a.m. Or, finish line registration begins at the Rose at 11 a.m. Then they have food, music, and a chili cook-off, among other things. Plus an inside-the-Rose poker walk.

Then there’s usually a ride set for January 1 by a BMW group–the first ride of the year–but I’m not sure if that’s on this time around or not. I went looking for info but found none. Whatever.

So–bottom line: ride it if you can. Maybe I’ll be out there, too.

Biker Quote for Today

All I want for Christmas is you . . . Just kidding. Get me parts for my motorcycle.

Stump is the Legislative Affairs Officer for ABATE of Colorado and he has been working with the state to ensure that motorcyclists are treated appropriately–in regard to federal law–when it comes to this whole thing with HOV lanes and the requirement to have a transponder on the bike.

Stump can’t do it all. The more people who speak to their elected state officials the more they will pay attention. Here are 10 talking points Stump has put together that sum up the argument pretty well. If you have the opportunity to say anything to your state rep–or if you choose to do so on your own initiative–these are the kinds of things you might want to say to them. (I’ve tweaked a couple for grammar and clarity.)

1. Motorcycles are considered a high-occupancy vehicle (HOV) under all conditions per 23 USC 166 (b) (2) (A).

2. Federal funds were used to build the HOV/HOT lanes, qualifying the use of motorcycles as an HOV per #1 above.

3. Adding a requirement/restriction for motorcycles to use an HOV lane is not necessary for the federal law to apply.

4. Charging a motorcycle to use an HOV lane if it doesn’t have a transponder and not charging if they do is a double standard and restricts/prohibits/fines motorcycles for using a lane they are entitled to used under federal law.

5. The requirement of a “deposit” for a transponder is a collection of monies from motorcyclists by a governmental entity without the consent of the people being assessed.

6. HOV/HOT lanes are not both “toll roads” and must be considered to be two separate types of roadways.

7. HOV lanes were originally implemented to help relieve congestion, save fuel, address parking issues, etc. and provide a means for those who combined/shared vehicles to benefit from their actions. HOT lanes allow anyone who will pay a fee to receive an advantage based on money, not the original intent of the lane.

8. The Colorado Department of Transportation has stated that it is safer for a motorcycle in an HOV lane and the chance of a crash or injury is reduced, as compared to using a congested lane.

9. Requiring a transponder on a motorcycle requires those who only use the lane once or twice a year because of where they live in the state, or those motorcyclists from out of state who are unaware that a transponder is required, to pay a fine/fee to use a lane that is safer and, in the majority of states, is free.

10. Even if a picture is taken of a motorcycle and license plate, it would take only seconds to identify the vehicle as a motorcycle, discard it, and move on.

So OK, the second sentence in #7, in particular, is still a little murky to me, but in general I’d say this is good information. So if you have a chance to communicate with the people who represent you in the legislature, you’ll be doing us all a favor to bring out these points.

Biker Quote for Today

Is your motorcycle a 2 cylinder or 4 stroke?

Let’s see if you understand what I’m referring to here.

You have a group of people who tell everyone else that regardless of whether or not they believe the same as they do, the others must follow the laws of this group’s beliefs or else they’ll do them bodily injury, perhaps even kill them.

Does that make you think of Muslim extremists and Shariah law? I’m betting that if you’re like most non-Muslim Americans the answer is yes. Maybe even if you are a Muslim American. I’m not saying that is an accurate description of what ISIS and Al-Qaeda are all about but I think that’s a fair statement of how most of us see it.

So what if I told you what I’m really here to talk about is a motorcycle “club”?

On the OFMC trip this past summer Ray was complaining that the Sons of Silence had made his VFW group of riders take the “Colorado” rockers off their patches. “Made” them do it. How can they make you do that, I asked him. Why don’t you just tell them to go take a flying leap? Ray never really answered that question but I think we all know the answer.

Now I was just at my ABATE of Colorado District 10 meeting on Sunday and it turns out the Sons had approached ABATE saying that ABATE cannot use the word “Colorado” on any patches it produces. Never mind it’s part of the group’s name. It seems in their minds that they own Colorado and no one else can lay claim to it.

Telling us about his meeting with two “club” representatives, ABATE of Colorado State Coordinator Bruce Downs said, and I paraphrase: Whether you agree with them or not, it’s their belief system. You put a territory name on a rocker and you’re saying you own that territory. There have been people who have died over this. That’s not what we’re about. I’m not going there. We came to a mutual understanding.

Did somebody say Shariah law? Oh, yeah, I did. Now, no one said anything about physical retaliation but Bruce’s remark about people having died over this issue makes it clear that such things can and have happened and that fact is always in the back of your mind. It leads to self-censorship. It leads to groups like ABATE and Ray’s VFW group giving in no matter how vehemently they despise doing so. And I agree totally with Bruce. This is not what we’re about. There are more important issues ABATE needs to address. It’s not worth anyone getting hurt.

Now here’s a funny thing. Bruce said this applies only to patches, and only to three-part patches, with a top rocker, middle, and bottom rocker. If you’re silk-screening onto a T-shirt it’s OK for ABATE of Colorado to call itself ABATE of Colorado.

I thought Judy summed it up well. When I told her about all this she remarked that it’s like a bunch of dogs going around marking their territory. Some people need to grow up. And I guess if the University of Colorado decides to produce patches they had better just call themselves the University. Because the Sons own Colorado.

Biker Quote for Today

Sticks and stones may break my bones, but dirt bikes break them better.

If you ever question whether some sort of group that stands up for motorcyclists is needed, here’s a situation that should answer that question for you.

Part of the discussion yesterday at my ABATE District 10 meeting was on the rules surrounding use of new express lanes and HOV lanes in the Denver area. ABATE is working with the state to try to work out the fairest, most reasonable way for motorcycles to be part of this structure.

For starters, we ought to keep in mind that under federal law, motorcycles are entitled to use HOV (high-occupancy vehicle) lanes. Thus, if you are going up I-25 from downtown at the right time of day you can use the HOV lane. But how do the new express lanes along US 36 up to Boulder work?

Judy and I drove up to Boulder recently and wondered exactly that. It was not at all clear to us whether, because there were two of us in the car, we could use the new express lanes at no charge or would we get a bill in the mail. (Quick note: by 2017 use of the HOV lanes will require at least three people in your car.) If you’re wondering the same thing, here are links to ExpressToll and the express lanes sites. You may find some answers there.

But there are issues. I’m not totally clear on all this myself so understand that I may be getting some of this wrong, but here’s my understanding. First off, if it’s a toll road, such as E-470, everyone pays a toll. That’s the simple part. But apparently, if you intend to use the express lanes up the Boulder turnpike it is free for cars with two or more people or for motorcycles but only if you first create an account with ExpressToll. This requires a payment of $35 that is intended to be payment in advance for any tolls you do incur. But if you’re on a motorcycle you will never incur any tolls so they will basically just hold your money.

Does that sound a little foolish? ABATE thinks so and is trying to get it changed so motorcycles just simply don’t need any of that. Plus you have the very real issue that if people from elsewhere, whether it be Grand Junction or Ohio, ride through Denver on their motorcycles, they may think it’s OK to use the express/HOV lanes and find themselves receiving bills for having done so. Plus, it may be that they will be billed double because it takes someone human to look at the pictures to determine that it was in fact a motorcycle, and that human element adds to the cost. What? This is where I’m truly unclear on it so take this with a grain of salt.

The point is, apparently if you do not have the little UPC code or whatever taped across the top of your headlight for the cameras to read you will be charged for using the HOV lane despite the fact that you are on a motorcycle. But that would seem to go against federal dictates that motorcycles can use HOV lanes freely. Perhaps you’ll want to be contacting your elected representatives to let them know about this issue and your position on it. Meanwhile, that’s exactly what ABATE is doing.

Biker Quote for Today

Murphy’s Motorcycle Laws: 6. Nothing is harder to start than a used motorcycle being shown to a prospective buyer.

This seems to have come almost out of nowhere, though I suspect it is actually the result of some behind-the-scenes efforts, but all of a sudden there is a bill in the Colorado Legislature to defund the Colorado Motorcycle Operator Safety Training (MOST) program. The bill was introduced on Thursday and the session ends on Wednesday so anyone who wants to contact their representatives needs to do so right away. And due to the nature of the situation, I plan to put up several posts in quick order, unlike my standard Monday/Thursday schedule.

I first got wind of this via an email from ABATE District 10 rep Carol Downs forwarding an email from ABATE legislative affairs officer, Stump. Here’s what Stump had to say.

The 2nd bill on Thursday at the Senate Transportation Committee was more exciting, SB15-286 (MOST Bill). On Tuesday, Senate Sonnenberg introduced a bill to get rid of the MOST Program. We had talked about this issue last year a few times at our SBOD Meetings and agreed that if the subsidies were going away, we didn’t want our $4.00 and $2.00 going to administration of the program (which wasn’t doing its job in the first place). The bill passed 3-2. Thanks to Bruce, Tiger, and Colleen Boyle (T3RG) for testifying. There was quite a bit of opposition from other Rider Ed. Vendors, but the truth prevailed and the bill was sent to the Senate Finance Committee. I expect it to pass that committee today then on to the Senate floor and hopefully to the House by Tuesday. It wouldn’t hurt to send a quick e-mail to your legislators asking them to vote yes on SB15-286 (MOST Bill). I’ve sent an explanatory letter to all the Senators already and will follow up with a similar letter to all the Representatives this weekend, so all you’d have to say is, “As a constituent, I urge you to vote yes on SB15-286 (MOST Bill).” That’s all it would take.

So we’re clear on where ABATE stands on this. My next thought was what position this new group, Motorcyclists Advocacy of Colorado (MAC), was taking on it. Turns out my still developing understanding of MAC was a little off. Here is the explanation of the group’s intent, as given to me by Terry Howard, who is a co-founder of MAC.

MAC does not take positions on issues. The purpose of MAC is to inform the motorcycling public of issues that will affect us. We produce facts surrounding the issue and publish the information. It is then up to the individual members what position THEY choose to take. We provide guidance and coaching to address the issue, whichever side they are on.

Pursuant to its intent to provide information, I found on their Facebook page an ongoing update on the progress of the bill. It seems it is now to go to the Senate Appropriations Committee today, after receiving some amendments.

Not all groups wish to see MOST abolished. Alan sent me the following from Robert Frank:

URGENT – Final legislative vote will happen on or before Tuesday 5-5-15

The people that are doing their best to kill the MOST program in Colorado (ABATE & T3RG) have introduced a bill to do just that, SB 15-286.

As first introduced it had a lot of holes, was poorly written, it had major issues.

Well, it’s been amended with exclusionary wording, that if passed, will disallow all MSF Motorcycle Safety Foundation training in Colorado.

It will make Lee Parks, Total Control the only certified course in Colorado.

Currently in California Lee is charging $258 for the equivalent of the MSF BRC (Get your license course) The MSF course is available in Colorado @ $160.

Lee’s charging $475 for his ‘Premier’ course. The MSF equivalent is available for $260.

If Lee Parks is made the only authorized course you will pay more for your training, loose your manufacturer training rebate, you HOG rebate and quality MSF products.

Please call, write, e-mail your state senator / representative and let them know you do not support this bad bill.

How likely is it that this thing will pass? I have no real insight but considering the fate of numerous other bills in the last few days I would tend to expect it to fail. At this time. I would expect to see it return in the next session if it doesn’t pass now. We’ll see. In the meantime, I have calls in to some folks and will be posting more very soon.

Biker Quote for Today

Biker Heaven: The road, full tank, full throttle

No one said it in so many terms but the total of what was all said Sunday at the ABATE District 10 meeting indicates ABATE of Colorado is moving beyond its recent troubles and will survive.

Having defaulted on its usurious loan, the group now has a judgment against it for about $32,800. Plus, following a complaint with the Colorado Secretary of State’s office in regard to alleged misuse of funds raised for downed bikers, the group will be required to bring the total in that account up to around $5,000 and then, having stepped completely away from the Randy Run–its former fundraiser for downed bikers–the money will need to be passed along to another group with that same purpose.

That would seem like a lot of bad news. How is it that the clouds are lifting?

Well, turns out, State Coordinator Bruce Downs was contacted by ABATE of Indiana, which is in need of training bikes, and ABATE of Colorado has arranged to sell 53 bikes to Indiana. These are bikes that are currently just being warehoused and are not needed here in Colorado for ABATE’s own rider training program. The money from that sale ought to go a very long way toward putting things right.

As a sign of better times, the group has taken one paid employee back onto the payroll and will also be bringing in an accounting temp to handle the day-to-day bookkeeping. And there is even talk of recreating the organizational newsletter, the Spokesman. Publication of the Spokesman was terminated in the depths of the recent financial crisis. While the decision to bring the newsletter back will necessarily have to wait till the future sorts itself out a little more, the discussion nevertheless points out the change in prospects for the future.

As ABATE backs off somewhat from the former size of its training program, it is at the same time turning its focus back more to being a motorcycle rights organization (MRO). And its moves to work more cooperatively with the Colorado Coalition of Clubs (COC)–with which there had been antagonism for some years–the very first prominent result of that rapprochement is the National Coalition of Motorcyclists annual convention being held here in Colorado, as I mentioned last week. Seems NCOM has a rule that it only holds its conference in states where the local MRO has a good working relationship with the COC.

So the optimism is still guarded, but the signs are saying that ABATE is back. Which, considering that we do need someone at the state capitol advocating for our interests, is good news for all motorcyclists in Colorado.

That said, I will make the aside here that in recent weeks I have been in communication with two different people who are talking about creating alternative MROs. It could be very interesting to see where these efforts go.

Biker Quote for Today

Murphy’s Motorcycle Laws: 2. The fact that your keys are still in your pants pocket will become apparent after you put your gloves on.

Her legal matters cleared away with charges now dropped, Terry Howard, former state coordinator for ABATE of Colorado, is seeking “to reclaim her good name.” And it appears that she has plans to remain active in the motorcycling community.

That last statement is based on the fact that she recently emailed me some materials regarding the Colorado Department of Transportation and the Most Operator Safety Training program. I haven’t had a chance yet to discuss with her the source of these materials or her intent in sending them out but this doesn’t strike me as something that would be done by someone who just plans to fade away. More on all that in some later post.

Regarding the first item, I was recently copied on a letter Terry’s attorney sent to the Southwest Scooter News following the dropping of the charges. Terry has been on bad terms with the Scooter News for a long time, so it seemed to be with considerable joy that the publication put up a detailed recitation of the charges and allegations she faced at that time. The attorney, Wade Eldridge, addressed various issues and asked that the Scooter News treat Terry according to the American concept that a person is deemed innocent until found guilty in a court of law. Here is the letter.

Tim Anderson
Southwest Scooter News
P.O. Box 16304
Golden, Colorado 80402-6006

RE: “ABATE leader charged with theft”; All charges DISMISSED

Dear Mr. Anderson:

My law firm represented Terry Howard in connection with the recent charge of felony theft filed against her by the Denver District Attorney. It is important to remember that, in this country, a defendant is presumed to be innocent unless and until he or she is proved guilty of the charges beyond a reasonable doubt. That presumption of innocence is one of the main differences between American law and that found in other countries, but it is too often forgotten.

The allegations of the charging documents were reported in the February edition of Southwest Scooter News. Before discussing some of the details of the case, it is appropriate to recall a speech from the character Iago in William Shakespeare’s play Othello.

“Good name in man and woman, dear lord, is the immediate jewel of their souls. Who steals my purse steals trash; ‘tis something, nothing; ‘twas mine, ‘tis his, and has been slave to thousands. But he that filches from me my good name robs me of that which not enriches him, and makes me poor indeed.”

The Southwest Scooter News article contains many references to the affidavit in support of the arrest warrant. As is often the case, that is only part of the story.

Terry Howard joined ABATE District 10 (Aurora) in 1998 as general member. She became an officer (rep from District 10) in 2002, and the Northeast regional rep in May 2003. By the end of 2003, she was elected as State Coordinator (then a volunteer position) for 2004. In 2004, the ABATE State Board hired her as the State Manager (a paid [position, and then hired her as ABATE State Coordinator in 2010.

The arrest warrant for Ms. Howard was filed on December 3rd 2014, and she turned herself in of December 7, 2014. She retained my law firm to represent her, and was released on a personal recognizance bond on December 9, 2014. The case was scheduled for a preliminary hearing to be held on February 3, 2015.

There is a provision in Colorado law (Section 18-4-401(6), C.R.S), which says that in a theft case, the prosecution must, upon request, provide the defendant with a “bill of particulars” which spells out the precise manner in which the defendant is alleged to have committed theft. On December 19, 2014, my office filed a motion requesting such a “bill of particulars” from the District Attorney.

While the motion for Bill of Particulars was pending, we reviewed ABATE documents that had been provided to my office by the District Attorney. One of those documents had the words “Forged checks with No Receipts” at the top of it. This document referred to twelve (not 22) specific checks that were considered questionable, in the three years from 2010 to 2013 (a time when probably 100 various checks were written).

I explained to the District Attorney that, by virtue of her position with ABATE, Ms. Howard had the authority to write herself checks in order to reimburse her for cash expenditures she had made for ABATE. For each one of the twelve checks in question, my office provided the District Attorney with corresponding receipts, bank records and credit card statements which showed that each one of the suspect checks was a legitimate reimbursement.

The office of the District Attorney never did provide the “bill of particulars” that I had requested. Instead, on January 23, 2015, the District Attorney filed a motion to dismiss the case against Terry Howard. This was not part of a ‘plea bargain’ in which a defendant pleads guilty to some lesser charge, but a straightforward dismissal of all charges.

I have enclosed a recent photograph of Ms. Howard, taken after the case against her was dismissed. Ms. Howard and I ask that you print that photograph, as well as this letter. Terry Howard wants to reclaim her good name.

Very truly yours

Wade H. Eldridge
Attorney at Law

Biker Quote for Today

If you want to be happy for a year, marry. If you want to be happy for a lifetime, ride a motorcycle.