***26 August 2015 ***
Letter to the Attorney General of Arkansas, Leslie Rutledge and Governor Asa Hutchinson regarding Illegally Loud Vehicles, Illegal Motorcycle Rallies, Sovereign Immunity and Equal Protection Under the Law:
I am in the midst of a battle of sorts relevant to the operation of illegally equipped, illegally loud motor vehicles, especially illegally loud motorcycles, on the roadways of Arkansas; motor vehicles that are in direct violation of Arkansas’ Motor Vehicle Laws, specifically, Subchapter 6 – Mufflers, 27-37-601, pg. 313.
Mayor Sanders of Fort Smith and Mayor Jordan of Fayetteville invite thousands of illegally loud motorcycles into their jurisdictions on an annual basis to attend motorcycle rallies e.g. The Steel Horse Rally and the Bikes, Blues, BBQ Rally. The other 363 days of the year, Illegally LOUD motor vehicles operate in stark violation of the Arkansas Motor Vehicle Code and apparently very little to nothing is done to correct the unacceptable situation.
Where illegally modified or illegally equipped motorcycles are concerned, I have personally tested some of these exhaust systems using the SAE J2825 Stationary Motorcycle Test and found them to emit two-four-six times or more the legal, compliant, 80 db(a) exhaust emissions (logarithmic scale) stipulated as the “minimum” safe level of protection for the general public by the Environmental Protection Agency (EPA). In addition to the studies and tests performed by the EPA, the World Health Organization has also confirmed the dangers of this type of noise, its negative impact on human physiology and the special danger it poses for our children and the elderly exposed to same. In addition, the Arkansas Motor Vehicle Code specifically forbids the operation of a motor vehicle upon the roadways of Arkansas with an exhaust mechanism that emits noise emissions greater than the original exhaust from the manufacturer. In fact, it’s illegal to even sell an aftermarket exhaust mechanism in Arkansas that does not meet original equipment specifications. Where is our law enforcement on this issue?
I have attempted to seek civil redress for the wrongs committed by Mayor Sanders and Mayor Jordan for their collusion in nonfeasance as they, with intent and knowledge, disregard the State Law of Arkansas governing safe exhaust emissions by hosting biker rallies where thousands of illegally loud/illegally equipped motorcycles flood these Municipalities completely unencumbered by law enforcement. I’ve personally spoken with Mayor Sanders regarding this unacceptable situation and suggested that sufficient notice be given prior to the 2016 Steel Horse Rally and advise all motorcyclists operating illegally loud motorcycles that violations of the Traffic Code pertaining to exhaust noise will not be tolerated. Apparently, Mayor Sanders and Mayor Jordan care more for the monies generated via the biker rallies than the health and safety of the citizens of Fort Smith and Fayetteville. This is unacceptable and cannot continue.
My question is this. Why am I prevented from seeking civil redress as a result of the unconstitutional doctrine of Sovereign Immunity? Why am I, as a citizen of the United Stated, denied equal protection under the law, the right to enjoy domestic tranquility and pursue happiness? Why are the law enforcement entities in Arkansas permitted to simply ignore the “in your face” violations of vehicular noise laws, noise laws enacted for the safety of the general public? Why does the outdated doctrine of Sovereign Immunity shelter Mayor Sanders and Mayor Jordan from their irresponsible behavior and their failure to protect the citizens within their jurisdictions and those of us outside those jurisdictions that are assaulted by the audible assault of the illegally equipped motorcycles en route to and from these biker rallies?
Thank you for your time,
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