Jake
June 25th, 2003, 08:09 AM
"The gist of this action is whether the homeowners association of a large private community can completely ban the operation of motorcycles. We hold that it can."
With those words, a California Court of Appeals shut down attempts by the AMA to open the community of Canyon Lake, California, to motorcyclists.
For now.
But the battle over this and other examples of anti-motorcycling discrimination isn't over.
The AMA became involved in the Canyon Lake situation more than four years ago, when AMA members living in the private community 75 miles southeast of Los Angeles approached the Association. They noted that a ban on motorcycle use imposed by the Canyon Lake Property Owners Association (CLPOA) meant that they couldn't even ride their legally licensed motorcycles to their own homes. Instead, they were forced to leave their machines in an exposed, unprotected parking area at the edge of the community and walk home. The alternative was to accumulate hundreds of dollars in fines assessed by the community's police force.
After discussions with the property owners group failed, the AMA filed suit against the community on behalf of motorcyclists living there.
This was not the first time the Association has gone to court to eliminate a bike ban. The AMA previously succeeded in overturning bans in Massachusetts, Illinois and Connecticut, and these legal victories helped the Association negotiate an end to motorcycle bans elsewhere.
Court victories can be expensive and time consuming, though. In the case of a public park ban in Brockton, Massachusetts, the legal battle lasted more than five years and wasn't resolved until the Massachusetts Supreme Court overturned lower court holdings and ruled against the ban. The Canyon Lake suit has now taken four years to progress through two levels of the justice system.
On the other hand, the costs of not pursuing an appeal can be even greater. Letting a decision like this stand in California could hurt the momentum we've established elsewhere.
The AMA's argument in this case is that the motorcycle ban violates the constitutional right of Canyon Lake residents to intrastate travel, and goes far beyond the statutory authority of the homeowners association to adopt rules.
"Plaintiffs (the AMA and Canyon Lake motorcyclists) argue the motorcycle rule is overinclusive because it bans all motorcycles regardless of whether they are noisy, dangerous, or dangerously operated," the appellate court said in its tentative decision. "They claim that if the CLPOA were really motivated by concerns about noise and safety, it would adopt and enforce rules setting noise and speed limits for motorcycles."
But then the court went on to decide that targeting all motorcyclists was appropriate after all, in part because a total ban is "administratively easier to enforce."
Logic like that has prompted the AMA to commit the money necessary to see this case through to the California Supreme Court.
"We are very cautious about how we allocate our resources," notes Robert Rasor, AMA vice president of government relations. "But this court opinion sets a very dangerous precedent. The motorcyclists we represent in Canyon Lake have met every legal standard, yet they can't even ride to their own homes.
"We've fought long court battles before," concludes Rasor, "and we are committed to seeing this case through to the end."
With those words, a California Court of Appeals shut down attempts by the AMA to open the community of Canyon Lake, California, to motorcyclists.
For now.
But the battle over this and other examples of anti-motorcycling discrimination isn't over.
The AMA became involved in the Canyon Lake situation more than four years ago, when AMA members living in the private community 75 miles southeast of Los Angeles approached the Association. They noted that a ban on motorcycle use imposed by the Canyon Lake Property Owners Association (CLPOA) meant that they couldn't even ride their legally licensed motorcycles to their own homes. Instead, they were forced to leave their machines in an exposed, unprotected parking area at the edge of the community and walk home. The alternative was to accumulate hundreds of dollars in fines assessed by the community's police force.
After discussions with the property owners group failed, the AMA filed suit against the community on behalf of motorcyclists living there.
This was not the first time the Association has gone to court to eliminate a bike ban. The AMA previously succeeded in overturning bans in Massachusetts, Illinois and Connecticut, and these legal victories helped the Association negotiate an end to motorcycle bans elsewhere.
Court victories can be expensive and time consuming, though. In the case of a public park ban in Brockton, Massachusetts, the legal battle lasted more than five years and wasn't resolved until the Massachusetts Supreme Court overturned lower court holdings and ruled against the ban. The Canyon Lake suit has now taken four years to progress through two levels of the justice system.
On the other hand, the costs of not pursuing an appeal can be even greater. Letting a decision like this stand in California could hurt the momentum we've established elsewhere.
The AMA's argument in this case is that the motorcycle ban violates the constitutional right of Canyon Lake residents to intrastate travel, and goes far beyond the statutory authority of the homeowners association to adopt rules.
"Plaintiffs (the AMA and Canyon Lake motorcyclists) argue the motorcycle rule is overinclusive because it bans all motorcycles regardless of whether they are noisy, dangerous, or dangerously operated," the appellate court said in its tentative decision. "They claim that if the CLPOA were really motivated by concerns about noise and safety, it would adopt and enforce rules setting noise and speed limits for motorcycles."
But then the court went on to decide that targeting all motorcyclists was appropriate after all, in part because a total ban is "administratively easier to enforce."
Logic like that has prompted the AMA to commit the money necessary to see this case through to the California Supreme Court.
"We are very cautious about how we allocate our resources," notes Robert Rasor, AMA vice president of government relations. "But this court opinion sets a very dangerous precedent. The motorcyclists we represent in Canyon Lake have met every legal standard, yet they can't even ride to their own homes.
"We've fought long court battles before," concludes Rasor, "and we are committed to seeing this case through to the end."