The fight for freedom is often hard fought. "Motorcycle Only Checkpoints" are an assault on the rights of motorcycle riders. It is an assault that no rider should ignore. All riders should be aware of the latest updates in this fundamental challenge to the constitutional rights of the motorcycle rider.
First some basic background information. Since 2008, New York State and local law enforcement have been setting up motorcycle only checkpoints throughout New York State. They target well known motorcycle events and then put out signs on the roadways leading to those events stating that all motorcycles must pull over. Once pulled over, some motorcyclists have been detained for as long as 45 minutes in stockade like holding areas while they are interrogated and forced to undergo inspections of their vehicles and helmets. No statistics are kept on the total number of vehicles detained or how long the average inspection takes. Troopers have discretion to decide who gets a thorough inspection and which riders can go on their way without even taking their boots off their foot pegs usually by outward appearance alone.
State troopers are being paid overtime hours by the State of New York to man these "motorcycle only" vehicle checkpoints. Although the stated purpose of these roadblocks is to increase motorcycle safety, troopers have admitted, in sworn testimony, that the majority of the tickets issues at these checkpoints have nothing to do with safety and instead focus on non-safety issues such as loud pipes.
The law firm of Proner and Proner has commenced a class action law suit on behalf of four named riders who were stopped at the checkpoints and "all others similarly situated". Our law suit alleges that the checkpoints violate the First, Fourth, Fifth and Fourteenth Amendment rights of motorcyclists. The lead attorney is Mitchell Proner who is a motorcyclist himself and the past victim of an accident in which a New York City taxi cab failed to see him. Mr. Proner is a well known personal injury lawyer who specializes in representing motorcyclists who have been injured as a result of the negligence of other drivers on the roadway. He also has a long of history of doing pro bono work on behalf of motorcyclists and motorcycling organizations. Mr. Proner believes that riders face enough challenges on the road without having law enforcement infringe upon their rights simply because they choose a different means of transportation from other motorists.
The Supreme Court of the United States has repeatedly held that if the primary purpose of a checkpoint is to detect ordinary criminal activity rather than to promote public safety it violates the Fourth Amendment prohibition against unreasonable searches and seizures. During the course of the lawsuit which Proner and Proner filed, the State has been forced to admit that the checkpoints do not even attempt to address the major causes of motorcycle accidents such as driver inattention, speed and alcohol. It was also forced to admit that there are undercover officers working at the checkpoints looking for ordinary criminal activity.
Both the plaintiffs and the defendants have made motions for summary judgment asking the Court to rule on the Fourth Amendment claims. The plaintiff's claim that the degree to which the checkpoints intrude on the individual rights of motorcyclists clearly far outweighs any effectiveness that they might have in promoting public safety and that they therefore clearly violate the Fourth Amendment. The motions have been fully submitted to the judge and both sides are awaiting his decision. The future of motorcyclists' rights in New York State hang in the balance.
While the lawsuit has been pending, The National Highway Traffic Safety Administration (NHTSA), which is part of the United States Department of Transportation, implemented the Motorcycle Law Enforcement Demonstrations Grant Program (DTNH22-10-R-00386) to study the effectiveness of motorcycle only check points. The State of Georgia recently received $70,000 in funding from that program to set up motorcycle only checkpoints which will be overseen by the Georgia State Patrol. On March 3, 2001, United States Representative Jim Sensenbrenner (R-WI) introduced a bill in Congress to challenge this granting of federal money(H.R. 904.) This bill would prohibit the Secretary of Transportation from providing grants or any funds to states or local governments to be used for any program to create motorcycle-only checkpoints The bill currently has 9 co-sponsors (8 Republicans and one Democrat).
The fight in congress and in the courts are likely to go on for some time. On March 15, 2011, the New York State Attorney's General's office sent a letter to the Federal Judge who is deciding the summary judgment motions in the New York case asking him to consider a recent article from NHTSA which details the effectiveness of helmets in preventing fatalities. They submitted this article despite the fact that their own statistics show that the majority of tickets issued at the New York motorcycle only checkpoints were for non safety violations and that helmet tickets were a small percentage of the total tickets issued. The attorneys for the State Police in the New York case are trying to turn a constitutional case into a case about whether or not helmets work to save lives. The fact remains however, that there is simply no proof that these checkpoints are an effective means of promoting helmet use and that even if they were, the degree to which they intrude on the individual liberties of motorcyclists would still far outweigh their effectiveness.
Proner and Proner is leading this fight in New York on behalf of all riders and pays for the costs in handling this lawsuit by donating fees earned in handling motorcycle accident cases.
If you have any questions or would like to get in touch with Mitchell Proner you may find him on the internet at www.Bikerhelp.com.
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