Monday, October 3, 2011

Nevada Lawsuit

Twelve Nevada motorcyclists have sued Clark county and other municipalities over enforcement of the Nevada helmet law. This represents a fundamental change in how bikers are challenging the helmet law in court.

This case is NOT about whether there should be a helmet law. And while important, what constitutes a "legal" helmet is NOT the thrust of the case. Rather, it's a class-action lawsuit about the arbitrary and selective enforcement of the helmet.

This is an important development. A few bikers (myself included) will fight every single helmet ticket in court. We all have our reasons, and many seek to challenge the part of the law that defines the enforcable standard for a motorcycle helmet.

One of the lawsuit plaintiffs, David Stilwell, has repeatedly tried to have his "day in court." But the Nevada courts have repeatedly denied him this fundamental right ... by automatically dismissing charges ... and even then, only after he appeals his case.

It's hard to challenge a law when you can't even get a hearing, or in David's case, a trial in a court of record. That's where the class action lawsuit comes into play. Now some may criticize David for a variety of reasons. Maybe it's because David's way of doing things is better than their way of doing nothing.

There's been a flurry of news articles about this lawsuit. That's a good thing, because class action lawsuits are very expensive. So if you want to help out, visit RepealItOrFeelIt.com and buy some stickers, or make a donation to GuerillaLawfare.com.

Ride2Repeal@gmail.com

PS: Members of ABATE of CA Local 6 generously donated $150 to the lawsuit effort, Local 11 chipped in $84, and one member of BOLT of CA donated a whopping $500. THANK YOU!

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