A SECOND ATTEMPT TO RECEIVE “ANSWERS” FROM GOVERNOR HUTCHINSON AND ATTORNEY GENERAL RUTLEDGE [19 Septermber 2015] [3rd Attempt on 29 September 2015]
This is my SECOND attempt to receive a response to my questions contained within the last paragraph of the letter I’ve included in this correspondence. Apparently no one has read my letter or answered my concerns; therefore, I am writing a second time and I will preface the letter with my questions for the Attorney General and Governor as opposed to simply including them in the body of the letter.
1) The Office of Noise Abatement and Control (ONAC) was de-funded by President Reagan in 1982. Since that time, the responsibility for NOISE control was delegated to the States and local municipalities for oversight and enforcement. Arkansas’ Motor Vehicle Code specifically forbids the operation of a motor vehicle upon the roadways of Arkansas with a muffler that does not adhere to the specifications of OEM or Original Equipment from the Manufacturer, yet I observe on every instance of entering a municipality, a State Highway or Interstate in Arkansas, a plethora of motor vehicles e.g. motorcycles, automobiles, trucks, with modified OEM exhausts, missing exhausts or illegal aftermarket exhaust mechanisms.
In the case of illegally modified or illegally equipped motorcycles, the aftermarket exhaust mechanisms on these motor vehicles are emitting noise levels that are two-four-six or more times the 80 dB(A) documented by the EPA as the “minimum” level of protection for the general public (logarithmic scale used to calculate decibel levels). None of these exhaust mechanisms conform to the OEM exhaust specifications as mandated by Arkansas’ Motor Vehicle Code. I know this because as a 31.5 year veteran of the Houston Police Department, I have personally inspected a number of these motorcycle aftermarket exhaust mechanisms via the SAE J2825 Stationary Motorcycle Test, cited their operators and successfully adjudicated them in court.
I am fully aware that the decibel levels emitted by these motorcycle aftermarket exhaust mechanisms not only negatively affect quality of life issues for all citizens, but this unlawful noise is especially physiologically injurious to our children and our elderly exposed to same as per the World Health Organization. Also, it has been documented that many of these aftermarket exhaust mechanisms bypass or require the removal of the catalytic converter and in such cases evidence shows that one large displacement V-twin motorcycle emits up to 10 times the particulates into the atmosphere as one compliant compact automobile.
A) Does Attorney General Rutledge and Governor Hutchinson approve of this unlawful NOISE assault on the citizens of Arkansas which is in direct violation of State Law?
B) Does Attorney General Rutledge and Governor Hutchinson approve of the incredible amount of pollutants spewed into our atmosphere by these illegally equipped, illegally modified motor vehicles? If not, what steps are being taken by the Attorney General’s Office and the Governor’s Office to STOP this audible assault on the citizens of Arkansas?
2) Arkansas’ Motor Vehicle Code specifically forbids the sale of any exhaust mechanism within the State that does not conform to the specifications of the OEM – Original Equipment from the Manufacturer. Why are there hundreds, if not thousands, of retail establishments in Arkansas selling and installing aftermarket exhaust mechanisms that do not conform to the muffler retail clause within the State Law?
A) Does Attorney General Rutledge and Governor Hutchinson approve of this “in your face” violation of State Law; a law that was obviously enacted to protect the citizens of Arkansas from noise and particulate emissions from unregulated/modified motor vehicles?
B) If not, what is being done to ensure environmental quality for the citizens of Arkansas who are subjected, on a daily basis, to illegally LOUD, illegally polluting, motor vehicles whose operators assault the citizenry completely unencumbered by law enforcement?
3) Mayor Sanders of Fort Smith, Mayor Jordan of Fayetteville, Mayor Carney of Hot Springs, and possibly more, invite thousands of motorcyclists who are operating illegally equipped, illegally LOUD, motorcycles into these Arkansas jurisdictions on an annual basis as part of a sanctioned motorcycle rally.
Statistically speaking, it is estimated that 80% of new Harley Davidson Motorcycle owners make the purchase of an illegal, “closed-course use only,” LOUD aftermarket exhaust mechanism their first “performance upgrade.” It only stands to reason that those motorcyclists operating a “metric” or foreign manufactured motorcycle make the same “performance upgrade” at approximately the same percentage rate; therefore, if five-thousand motorcycles attend each of these annual biker rallies in Arkansas, it is also reasonable to assume that approximately 4000 of the motorcycles are illegally equipped or illegally modified at the Steel Horse Rally in Fort Smith, 4000 at the Bikes, Blues, BBQ Rally in Fayetteville and 4000 at the Hot Springs Motorcycle Rally…these are very conservative numbers.
A) Does Attorney General Rutledge and Governor Hutchinson approve of this “in your face” violation of the Arkansas Motor Vehicle Code?
B) Does Attorney General Rutledge and Governor Hutchinson approve of the NOISE assault committed by the operators of illegally equipped motorcycles upon the citizens of Arkansas while en route to and from these “sanctioned” biker rallies?
C) Does Attorney General Rutledge and Governor Hutchinson approve of the graft committed by Mayor Sanders, Mayor Jordan, Mayor Carney as they prostitute themselves, their oath of office, for MONEY and tax revenue generated by the Loud Motorcycle Cult[ure] attending these “sanctioned” biker rallies in the State of Arkansas while denying the tax-paying citizenry within their respective jurisdictions equal protection under the law, failure to maintain order and ensure quality of life standards, protection against audible assault and unlawful intrusion into their homes (domestic tranquility) via illegally loud exhaust emissions?
D) Seeing that Mayor Sanders, Mayor Jordan and Mayor Carney are obviously guilty of nonfeasance, graft, through betrayal of the citizenry within their jurisdictions and every citizen in Arkansas assaulted by the Loud Motorcycle Cult[ure] operating completely unencumbered on the State’s roadways, why are these municipal leaders sheltered from civil redress via the un-Constitutional, archaic doctrine of Sovereign Immunity?
Following is a second copy of the letter sent to your office on 26 August 2015.
Your response to my questions would be most appreciated.
***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, Mayor Jordan of Fayetteville, Mayor Carney of Hot Springs, 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.
1) Why am I prevented from seeking civil redress as a result of the unconstitutional doctrine of Sovereign Immunity?
2) 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?
3) 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?
4) 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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