# Biker's lawsuit against NY state **URL:** \ **Category:** NYSpeed Automotive\ **Created:** [June 11, 2009, 5:55am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983 "2009-06-11T05:55:40Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![BigRon](https://avatars.discourse-cdn.com/v4/letter/b/58956e/32.png) [@BigRon](https://forums.speedlife.net/u/BigRon)\ **Post date:** [June 11, 2009, 5:55am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/1 "2009-06-11T05:55:40Z")
Upstate New York has earned a reputation as the speeding ticket capital of the country, but even with overeager state troopers patrolling the highways, motorcyclists feel singled out by law enforcement. That’s why one rider/attorney is taking the state police, along with county and state officials to court. According to one Mitchell Proner, the state’s institution of roadblocks exclusively for motorcyclists is unconstitutional: the motorcyclist and personal injury lawyer claims that without justifiable cause, the checkpoints infringe on riders’ First Amendment rights to freedom of assembly and association and their Fourth Amendment right to freedom from unreasonable search and seizure. Last year, the New York State Police conducted twelve such “safety checks” near motorcycle events, including the Americade biker gathering at Lake George, the largest such event in the Northeast – and the NYSP plan on conducting fifteen more this year. Proner claims to be filing the federal class action suite at the Federal Court for the Northern District of New York on behalf of his fellow riders. Whether he has a wheel to stand on is for the legal system to decide. > **[Motorcyclist sues NY State Police over motorbike-only roadblocks](https://www.autoblog.com/2009/06/11/motorcyclist-sues-ny-state-police-over-motorbike-only-roadblocks/)** > > Upstate New York has earned a reputation as the speeding ticket capital of the country, but even with overeager state troopers patrolling the highways, motorcyclists feel singled out by law enforcement. That's why one rider/attorney is taking the... ---
**Author:** ![ugo](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/ugo/32/7430_2.png) [@ugo](https://forums.speedlife.net/u/ugo)\ **Post date:** [June 11, 2009, 6:01am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/2 "2009-06-11T06:01:43Z")
Bikes should be outlawed. If just one life is saved…Nevermind :nono: ---
**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\ **Post date:** [June 11, 2009, 6:11am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/3 "2009-06-11T06:11:14Z")
> **[Why are checkpoints legal if police need probable cause to make a traffic stop](http://www.answers.com/Q/Why_are_checkpoints_legal_if_police_need_probable_cause_to_make_a_traffic_stop)** > > Answer It depends on the type of motorist checkpoint. Roadblocks, as they are referred to by the courts, fall under what is known as a special needs. [http://www.thefreelibrary.com/The+"special+needs"+exception+to+the+warrant+requirement-a0148279782](http://www.thefreelibrary.com/The+%22special+needs%22+exception+to+the+warrant+requirement-a0148279782) Yeah, good luck with that. ---
**Author:** ![Blue\_Eyed\_Devil](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/blue_eyed_devil/32/7292_2.png) [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)\ **Post date:** [June 11, 2009, 6:23am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/4 "2009-06-11T06:23:32Z")
When you register your vehicle or even get a license you give up your so-called “Constitutional rights”. ---
**Author:** ![Joe](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/joe/32/7219_2.png) [@Joe](https://forums.speedlife.net/u/Joe)\ **Post date:** [June 11, 2009, 6:29am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/5 "2009-06-11T06:29:33Z")
He doesn’t have a chance in hell but it would be sweet if he pulled it off. Next up, DWI checkpoints. ---
**Author:** ![Spam16v](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spam16v/32/5287_2.png) [@Spam16v](https://forums.speedlife.net/u/Spam16v)\ **Post date:** [June 11, 2009, 6:30am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/6 "2009-06-11T06:30:01Z")
> [@Blue Eyed Devil](#): > > When you register your vehicle or even get a license you give up your so-called “Constitutional rights”. all of the above is true, the decals in your windshield are not yours, and neither are the lic plates. they are property of the government and they have the right to inspect them at any point if they so choose. ---
**Author:** ![Blue\_Eyed\_Devil](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/blue_eyed_devil/32/7292_2.png) [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)\ **Post date:** [June 11, 2009, 6:44am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/7 "2009-06-11T06:44:34Z")
Same thing when you register a gun, you give up at least part of your rights. You have the right to bare arms until you agree with a particular state that you will agree to their rules in lieu of your inherant rights. Pretty f’ed up but, it is what it is. Edit; I should have worded that differently but you get the idea. ---
**Author:** ![Joe](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/joe/32/7219_2.png) [@Joe](https://forums.speedlife.net/u/Joe)\ **Post date:** [June 11, 2009, 6:46am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/8 "2009-06-11T06:46:41Z")
> [@Blue Eyed Devil](#): > > Same thing when you register a gun, you give up at least part of your rights. You have the right to bare arms until you agree with a particular state that you will agree to their rules in lieu of your inherant rights. Pretty f’ed up but, it is what it is. > > Edit; I should have worded that differently but you get the idea. I want to revoke fat chicks’ right to bare arms, whether they have a gun registered or not. ---
**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\ **Post date:** [June 11, 2009, 6:46am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/9 "2009-06-11T06:46:52Z")
> [@Joe](#): > > He doesn’t have a chance in hell but it would be sweet if he pulled it off. Next up, DWI checkpoints. No chance there. The DWI checkpoints have already been all the way to the supreme court and were ruled legal 6-3 in Michigan Dept. of State Police v. Sitz. ---
**Author:** ![Joe](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/joe/32/7219_2.png) [@Joe](https://forums.speedlife.net/u/Joe)\ **Post date:** [June 11, 2009, 6:52am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/10 "2009-06-11T06:52:56Z")
eww. Well maybe Thomas and Scalia will get hit by a train or something and we can revisit it. ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 11, 2009, 6:54am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/11 "2009-06-11T06:54:14Z")
Why the fuck would they harass Americade? All the toursim money that comes in from the old rich guys on their goldwings must be a fantastic boost to the local economy. ---
**Author:** ![Joe](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/joe/32/7219_2.png) [@Joe](https://forums.speedlife.net/u/Joe)\ **Post date:** [June 11, 2009, 6:56am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/12 "2009-06-11T06:56:57Z")
> [@Fry](#): > > Why the fuck would they harass Americade? All the toursim money that comes in from the old rich guys on their goldwings must be a fantastic boost to the local economy. So they can tax them again on their way out of town. They smell blood in the water. ---
**Author:** ![Spam16v](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spam16v/32/5287_2.png) [@Spam16v](https://forums.speedlife.net/u/Spam16v)\ **Post date:** [June 11, 2009, 7:01am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/13 "2009-06-11T07:01:30Z")
in their defense, where do you see the most Harleys? @ the bar… are they drinking Iced tea? pulled up next to quite a few so drunk they can barely hold the bikes up at a red light. ---
**Author:** ![Bigairskier1580](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/bigairskier1580/32/7612_2.png) [@Bigairskier1580](https://forums.speedlife.net/u/Bigairskier1580)\ **Post date:** [June 11, 2009, 7:03am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/14 "2009-06-11T07:03:47Z")
Zero sympathy. If they kept their shit legal, there would be no problems rolling through a checkpoint. I don’t even understand how one could even possibly feel entitled to such a case? “Oh yes judge, I am suing the state because I got a ticket for breaking a reasonable and easy to follow law.” ---
**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\ **Post date:** [June 11, 2009, 7:17am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/15 "2009-06-11T07:17:10Z")
> [@Spam16v](#): > > in their defense, where do you see the most Harleys? @ the bar… are they drinking Iced tea? pulled up next to quite a few so drunk they can barely hold the bikes up at a red light. +1. When a big biker gathering comes to town to party it up most of them aren’t leaving the bikes at the motel and taking cabs to the bar. ---
**Author:** ![Fry](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/fry/32/7284_2.png) [@Fry](https://forums.speedlife.net/u/Fry)\ **Post date:** [June 11, 2009, 8:34am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/16 "2009-06-11T08:34:02Z")
> [@Spam16v](#): > > in their defense, where do you see the most Harleys? @ the bar… are they drinking Iced tea? pulled up next to quite a few so drunk they can barely hold the bikes up at a red light. > [@JayS](#): > > +1. When a big biker gathering comes to town to party it up most of them aren’t leaving the bikes at the motel and taking cabs to the bar. How many big rallies have you guys been to? ---
**Author:** ![Motocrossx23](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/motocrossx23/32/5120_2.png) [@Motocrossx23](https://forums.speedlife.net/u/Motocrossx23)\ **Post date:** [June 11, 2009, 8:37am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/17 "2009-06-11T08:37:39Z")
> [@Bigairskier1580](#): > > Zero sympathy. If they kept their shit legal, there would be no problems rolling through a checkpoint. > > I don’t even understand how one could even possibly feel entitled to such a case? “Oh yes judge, I am suing the state because I got a ticket for breaking a reasonable and easy to follow law.” Okay I’m sorry but this pissed me off. :banghead: What is the difference from modding a car with illegal go-fast parts? Keeping it legal is like saying “See that new sports car over there? DON’T CHANGE ANYTHING WITH IT”. Fuck that shit, and this isn’t defending just sportbike riders, it’s the cruiser guys too, just like you guys mod your cars, we mod our bikes, and obviously just like all of you put parts that might not be legal, we do modifications that might not be legal either. Fuck that. Let’s set up Checkpoints outside the gates at any cruise night event and ticket every single car that passes through that has any aftermarket parts on it. :cjerk: ---
**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\ **Post date:** [June 11, 2009, 8:42am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/18 "2009-06-11T08:42:51Z")
> [@Fry](#): > > How many big rallies have you guys been to? None, but a very close friend of mine has been to several and I’ve heard plenty of first hand stories. > **[Police issue 135 tickets during Americade checkpoint](https://poststar.com/news/local/crime-courts/police-issue-135-tickets-during-americade-checkpoint/article_d9945533-2f72-53ac-b2d5-a03db0999f5f.html)** > > Police wrote 135 tickets to motorcyclists on Friday during a series of safety checkpoints in Queensbury and Glens Falls. Americade seems pretty tame though. ---
**Author:** ![MOBOOST4U](https://avatars.discourse-cdn.com/v4/letter/m/f4b2a3/32.png) [@MOBOOST4U](https://forums.speedlife.net/u/MOBOOST4U)\ **Post date:** [June 11, 2009, 8:43am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/19 "2009-06-11T08:43:08Z")
Hmmm, and I always though Harley riders got off easy when it came to traffic laws… Not once have I ever seen/saw one pulled over. ---
**Author:** ![JayS](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/jays/32/15375_2.png) [@JayS](https://forums.speedlife.net/u/JayS)\ **Post date:** [June 11, 2009, 8:47am UTC](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983/20 "2009-06-11T08:47:05Z")
> [@Motocrossx23](#): > > waaa waaa waaaa… Do a search for “exhaust ticket” right here on nyspeed and I think you’ll see that cars get busted for illegal mods all the time too. I’m sure these towns do this because the residents demand it after 1000’s of bikes with obnoxiously loud pipes show up in their area. Regardless of how much money a weekend trip might bring in it’s nothing compared to what the property owners kick in with their taxes. The same thing happens with spring break towns and even Carlisle. Eventually the residents get sick of the bullshit and ask the cops to make like hard enough for the people showing up that they move on to somewhere else. [Next page](https://forums.speedlife.net/t/bikers-lawsuit-against-ny-state/68983.md?page=2)