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ABATE of Jasper County South Carolina
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Written by M "CrankN" Godwin
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Friday, 03 July 2009 09:42 |
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Last Updated on Friday, 03 July 2009 09:45 |
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Wake Up South Carolina Rally |
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Written by M "CrankN" Godwin
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Monday, 29 June 2009 16:18 |
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Wake Up South Carolina Rally On the north ( Gervais St. ) side of the State Capitol building there will be a rally on July 3 for Wake Up South Carolina . Liberty organizations from all across the state are coming together to rededicate themselves to work together to reclaim their constitutionally guaranteed Rights. The event starts at 1:00 PM with the Declaration of Independence performed by a reenacter who speaks with passion from his deep conviction. Cliff Dalton is representing ABATE and he will tell ABATE's philosophy and how without activism our freedoms are lost. ABATE has been asked to speak and will be honored as the model of an activist group determined to protect our rights. Talbert Black is speaking for Campaign for Liberty . Timothy Multree of the Libertarian Party will speak. 9/12, co-host of the event, will have a speaker. John Perna will speak for the Ron Paul meetup. First Freedoms will speak about the importance of State sovereignty as a check to federal growth. This is an important event in the freedom movement. Bring your freedom minded friends and family to meet and get to know our copatriots in this incredible awakening. |
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Written by M "CrankN" Godwin
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Sunday, 28 June 2009 10:21 |
DUE TO UNFORESEEN CIRCUMSTANCES WE HAVE MOVED THE FIRST HELP MEETING TO THE STEEL HORSE SALOON, IT IS LOCATED IN NEAR THE INTERSECTION OF 3RD AVE. SOUTH AND HWY. 501 IN MYRTLE BEACH. Wednesday July 1st, 2009 HELP will have it's first true meeting inside THE STEEL HORSE at 6:30pm. The first hour is for SPECIAL GUESTS and members only with complimentary food and non-alcoholic refreshments. Cash bar will be available. This will be an informative meeting, encompassing a past, present, and future itinerary. Senior representatives from other like minded organizations and potential candidates will speak and be available to answer questions. Immediately following will be a membership drive 7:30pm-9:30pm. This event is for members and only those who wish to to become members and join HELP. Complimentary refreshments, food and non-alcoholic beverages, will be provided. Cash bar available. Or by contacting Trevor Tarleton @ 843-446-9765. |
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Cap and Tax Passes the House |
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Written by M "CrankN" Godwin
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Sunday, 28 June 2009 10:23 |
By a vote of 219 to 212, the House narrowly passed the Cap and Trade bill that will cost us millions of jobs and devastate the American economy even more as it starts going into affect. Just ask Spain how well it went for them? This still has to pass the U.S. Senate of course and that is nowhere near certain. They need 60 ayes just to be able to vote for it and I imagine there will be Democrat defectors there just as there were in the House. Those who voted to raise your energy bills by about $1500 a year to "save the planet" are as follows: - G.K. Butterfield (D-NC-01)
- Bob Etheridge (D-NC-02)
- David Price (D-NC-04)
- Heath Shuler (D-NC-11)
- Mel Watt (D-NC-12)
- Brad Miller (D-NC-13)
- Jack Spratt (D-SC-05)
- Jim Clyburn (D-SC-06)
Those who voted to protect your liberty, labor, and livelihood were: - Walter Jones (R-NC-03)
- Virginia Foxx (R-NC-05)
- Howard Coble (R-NC-06)
- Mike McIntyre (D-NC-07)
- Larry Kissell (D-NC-08)
- Sue Myrick (R-NC-09)
- Patrick McHenry (R-NC-10)
- Henry Brown (R-SC-01)
- Joe Wilson (R-SC-02)
- Gresham Barrett (R-SC-03)
- Bob Inglis (R-SC-04)
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NC Man Beats Helmet Ticket.... writes Governor, Legislators |
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Written by M "CrankN" Godwin
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Friday, 26 June 2009 03:33 |
NORTH CAROLINA:
NC Man Beats Helmet Ticket.... writes Governor, Legislators
Dear Governor Purdue, Mr. Apodaca and Ms. Justus,
I received a helmet ticket on 24 Sept 2008, because the Hendersonville police officer said my helmet was not compliant with FMVSS 218 as required by the new law our legislators voted for and became new law on 1 Jan 2008. My helmet had a DOT sticker on back and was compliant, yet Lt Allen told officer Smith to write me a ticket and let the court decide.
I spent 9 months fighting this unjust ticket, and just when I was suppose to have my day in Superior court this past week to have a jury of 12 peers decide my case, the DA dismissed the charges stating "NOT IN THE INTEREST, OR EFFICIENCY, OF THE COURT SYSTEM TO PROSECUTE THIS CASE." This law is unconstitutional, and cannot be enforced as written except with ad hoc and on an arbitrary subjective basis. I ask you all to please correct this law----harassment of citizens on the streets and in the court rooms is an injustice, and a violation of our rights.
Motorcyclists all over our state are being harassed and ticketed everyday for legal helmets, yet police officers are using their subjective opinions on what they feel a helmet must look like in order to be compliant with FMVSS 218 and this is illegal in accordance with the Unites States Supreme Court and our constitution. Under United States Code, Title 49, Chapter 301, Section 30103 it says that once a state has adopted a federal standard, as N.C. did in adopting FMVSS 218, that federal standard has supremacy, and states may enforce no other standard other than the federal standard. There is nothing inside FMVSS 218 stating any fabrication requirements of any kind. DOT standard does not specify the type of material or design that manufacturers must use to comply with FMVSS 218; in fact Claudia Covell, Safety Compliance Engineer of the NHTSA, DOT writes that helmet manufacturers may use ANY material they wish, and any design they want. Now when motorcyclists get ticketed for a certain type of helmet design or for a helmet not being made out of a certain type material that is in violation of federal law.
Ms. Justus you signed the law--you agreed to it, you should know what the law says--but you don't. Why did you sign a bill into law that is unconstitutional and violates our rights as citizens while traveling on the streets of N.C? It states in FMVSS 218 in section 5.6.1 (e) that the DOT sticker constitutes the manufacturers certification that the helmet conforms to the applicable Federal motor vehicle safety standards. That's it. That sticker makes a helmet compliant, and the DOT has no fabrication requirements at all, of any kind, on how manufacturers must make their helmets look, and the State of N.C. MUST accept that standard by federal law, but they are not doing that. They don't want to accept the fact that helmets may look any way the manufacturer so desires and so they write us tickets because they feel a helmet, by their own subjective opinion, should look like this or that or have this or have that, etc., etc. This is illegal, yet they are getting away with it because most people don't have time, like my 9 months I spent, fighting their unjust illegal tickets.
I ask you to please stop this injustice and repeal the helmet law until a law can be made that is understandable by both LEO's and motorcyclists alike. Police right now are running amok writing tickets for whatever personal reasons they feel a helmet must look like to be compliant. So the standards that determine if your helmet is legal of not, change every time another police officer looks at you. We have a constitutional right to have the law clearly defined and have a reasonable opportunity to know what is prohibited. The United Supreme Court says Police officers must have explicit standards of the law in order to enforce it without doing so arbitrarily and with ad hoc...and this law does not meet those requirements.
This case has grabbed the attention of many people across the country and will be in several magazines coming out soon. All we want is to have this law corrected, we are not asking for much. The below is a partial comment from a writer here in N.C. concerning this ticket, the outcome and our helmet law. Thank You. I wait for your reply.
Sincerely, Ron McAnally Hendersonville area, North Carolina
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Ron McAnally appealed a motorcycle helmet ticket case, on grounds that the statute is unconstitutional due to vagueness, to NC Superior Court and was awaiting a trial by jury. On June 11, 2009, after almost a year of inefficient court proceedings, his case was dismissed, with a note:
NOT IN THE INTEREST, OR EFFICIENCY, OF THE COURT SYSTEM TO PROSECUTE THIS CASE.
The dismissal document is posted as both a .jpg and .pdf in several places.
http://bikercourt.com/docs/dismissal_ron1.pdf
This enactment by the state, and enforcement, is in violation of Amendment XIV of the US Constitution, which reads in part:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
To the best of our knowledge, of all motorcycle helmet tickets which have gone to trial since the January 1, 2008 enactment of the modification of the statute, which was supposed to "put teeth in it," none have resulted in one sleazy penny to the state. Each helmet ticket case that has been prosecuted since the new law was put into effect has resulted in the state losing hundreds, and even thousands of dollars. What has resulted from the legislation is a clog in the court system, additional tension between motorcyclists and safety nanny legislators who think their job is to create laws which turn every "should" into a "must," and law enforcement officers who love to harass otherwise law-abiding citizens and turn them into criminals.
Since the state is broke, and real crime is on the rise due to difficult economic times, we must insist that law enforcement immediately end their harassment of motorcyclists over the alleged infractions, since enforcement of the statute does not survive the test of judicial scrutiny. |
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Copyright © 2009 ABATE of Jasper County South Carolina. All Rights Reserved.
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