Law Offices of Lawrence S. Katkowsky, P.C.

30200 Telegraph Road, Suite 430
Bingham Farms, MI 48025-5711
800-683-9888

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THE TIMES THEY ARE A'CHANGIN

Back in the 60's the motorcycling community was reeling from the effects of movies like The Wild Ones and Easy Rider as well as from motorcycle club infighting, and general hysteria about two-wheeled monsters. In this state of affairs, many anti-motorcycling laws were adopted by communities all over the country including here in metro Detroit where I have lived all my life.

I remember moving into Oak Park, Michigan, a Detroit suburb, in the late 60's and encountering signs proclaiming it to be illegal to ride one's motorcycle on residential streets from 10 p.m. to 6 a.m. Other cities like neighboring Ferndale adopted similar ordinances; in Ferndale's case the violation was a misdemeanor punishable by up to 30 days in jail and/or a fine.

Since the 60's motorcycle riders have tried hard to dispel all the factors which led to this mass anti-motorcyclist hysteria. In 1976 the American Motorcyclist Association filed a lawsuit against the City of Detroit and forced the city to repeal an anti-motorcyclist ordinance restricting travel on residential streets. That same year Abate of Michigan, Inc. was officially born. Abate has worked unceasingly for lo these past 30 years to uphold motorcyclists' rights and to foster their safety. In the late 60's the Detroit Federation of Motorcycle Clubs was born and the friction between so-called "outlaw" clubs in Detroit, which often had led to violence and death, was now channeled into more constructive channels, the result being a lot less strife and a gradual retreat of the violent 1% side of motorcycling off the pages of metro Detroit newspapers. But continuing national news concerning club strife in California, Florida, and other such places didn't help things here in Michigan. The Oak Park and Ferndale ordinances remained on the books. Motorcycles were banned from Camp Dearborn, a popular Dearborn city park in Milford. Motorcycles were banned from Belle Isle Park in Detroit between 10 p.m. and 6 a.m. There probably are a number of other such ordinances still existing throughout the state.

Now 50 years later motorcycling is becoming mainstream. Things are starting to change. In January of this year an Oak Park resident named Dave Dolinski reported to Abate of Michigan that the signs in Oak Park were still up and the anti-motorcycling ordinance was still on the books. On behalf of Mr. Dolinski and Abate I wrote to the city stating that their ordinance was illegal under Michigan law and the 1976 Michigan Court of Appeals decision, and asked them to repeal the ordinance before the 2007 riding season. In early March the City of Oak Park City Council unanimously repealed that ordinance. Not only did they repeal the ordinance but when the signs came down they allowed Abate of Michigan to purchase them for a fair price. Abate now plans to auction them off at various fundraisers. The degree of receptiveness of the City of Oak Park to the change was, frankly, not only welcome but incredible.

Several weeks after the Oak Park action, the Ferndale ordinance was also reported to Abate. A similar letter was sent to the City of Ferndale and in early April they repealed their anti-motorcycling ordinance.

Dearborn repealed their anti-motorcycling rules regarding Camp Dearborn several years ago after many complaints by motorcyclists.
However, Detroit's ordinance remains on the books . . . for now.

All of this is well and good, and I applaud the cities of Oak Park and Ferndale for their quick and decisive actions. But I fear that it will not take much to get us back to where we were when this all started. One firefight between clubs; one nasty incident could set the spark all over again.

That is why it is so important that motorcyclists not only keep vigilant for any discrimination pushed their way by politicos looking for scapegoats, but to also double their efforts to be "good" citizens (whatever that means.) As motorcyclists pursue their hard-won acceptance they cannot continue to condone pipes loud enough to shake houses, let alone the dead. They can't be stupid. One drunk motorcyclist running into a group of people on a sidewalk will beget a raft of legislation which will ultimately damage the sport. Ten sport bikes riding in a pack on I-696 (metro Detroit's version of the Autobahn) at 100 mph plus can permanently erase all the good will that has been so difficult to attain lo these past 50 years.

All motorcyclists have a responsibility to make sure that doesn't happen. Courts can only do so much. And in the current legal climate, jurists are becoming more and more disinclined to interfere with legislative actions unless they are blatantly unconstitutional or otherwise illegal.

The moral: Be a vigilant motorcycle citizen. And be a reasonable motorcycle citizen.

 

 

Larry Katkowsky
April 2007

 

 




What is the minimum insurance required to get a motorcycle registered in the state of Michigan?

Do motorcycles carry No-Fault insurance coverage like automobile insurance policies?

What is No-Fault insurance in Michigan anyhow?

Can motorcyclists still obtain No-Fault benefits since they do not carry the coverage?

What if there are no insurers to look to for payment of the No-Fault benefits?

If I did not carry the required insurance of the bike, can I get No-Fault benefits?

I am out of state, like at Daytona or Sturgis, and I am involved in an accident with a motor vehicle. Can I still qualify for Michigan No-Fault benefits?

If I am hit in Michigan by a car from out of state, who pays the No-Fault benefits?

Is there a time limit on making an application for no fault benefits?

What if the insurance company had no reason for denying benefits but was just being nasty?

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