Motorcycle Riders throughout the United States are facing a Court decision that may effect the future of motorcycling more than any other Court decision of their lives. A lawsuit is pending in Federal Court in the Northern District of New York that will determine the Constitutional rights of Motorcycle riders for the first time as to whether or not Law enforcement officers in New York have the discretion to pull over motorcyclists in "motorcycle only" roadblocks.
Since 2008 , State and local law enforcement have been engaged in motorcycle only checkpoints throughout the state. They put out signs on Roadways throughout the States advising all motorcycles that they must pull over. Once pulled over they can be detained for 25-45 minutes in stockade like holding areas while they are interrogated and vehicles are inspected. No statistics are kept on the total number of vehicle detained or how long the average inspection takes. Most of the tickets issued are for non safety violations. Troopers have discretion to decide who gets a thorough inspection and which riders can go on there way without even taking there boots off their foot pegs usually by outward appearance alone.
State troopers are being paid overtime hours paid by the State of New York to man these "motorcycle only" vehicle checkpoints. These Roadblocks were funded up to increase motorcycle safety. Troopers have admitted in sworn testimony that most of the tickets issued have nothing to do with safety violations. A lawsuit was brought on behalf of three riders stopped at two check points by the Law Offices of Proner and Proner.
Mitchell Proner, lead attorney on behalf of the motorcycle riders is a motorcyclist himself, and past victim of an accident in which a new York City Taxi Cab failed to see him. He believes it is hard enough on riders out there without Law enforcement infringement upon the rights of upstanding Citizens who simply choose a different means of transportation from other motorists.
The State has admitted in responses to discovery in the lawsuit that the major causes of motorcycle crashes in NY are Reckless driving and alcohol. Statistically most accident are two vehicle accident that involve cars not seeing the motorcycle. The Safety Checkpoints do not even attempt to address these causes. Instead the State police has been looking for ordinary criminal activity , which the Supreme Court of the United States has previously decided is Unconstitutional.
Proner and Proner has asked the Federal Judge presiding over the lawsuit to Certify a class representing all motorcyclists stopped at these roadblocks do that the lawsuit may decide the rights of all motorcyclists. Motions are currently pending by both Proner and Proner and the State Attorney for Summary Judgment.
If the Judge decides in favor of the State, Roadblocks for motorcycles will likely become a more frequent presence on Roadways. Not only are these roadblocks popular with New York law enforcement as a source of overtime pay but the National Highway Safety Administration is now making Federal Funds available for these Roadblocks from the Department of Transportation despite a Congressional Resolution asking the DOT to stop the practice, and a letter from the American Motorcycling Association as stating they are ineffective.
If the Lawsuit brought on behalf of riders by Proner and Proner is successful, these motorcycle targeted roadblocks would be illegal in New York and other Law enforcement agencies would be ill advised to continue the practice as well.
Mitchell Proner says "the Constitutional rights violations are so clear that if we lose at the District Court level, we will appeal this case all the way to the United States Supreme Court. Just as the Patriots that founded our country fought for these rights we hold so dear, as Americans, Motorcyclists have rights and we will always fight to defend them."
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