The Atheist revels in foolishness and darkness for they are the children of Satan and seek the “second death” as a result of rebellion, deception, naiveté. Compounding this tragedy is the fact that the Atheist is not content with seeking the fires of Hell alone, they clamor to entice millions to join them.  In America and around the World, they are exceedingly successful.

As we near the “day of the Lord” and “the Kingdom of God,” take note that the soul of everyone who rejects the Gift of God’s Salvation through faith, trust, obedience, to the Lord Jesus Christ will, instantaneously upon death of the body, be relegated to Hades awaiting the Great White Throne Judgment. At this Judgment before the Lord Jesus Christ, the Atheist will be found guilty of having disobeyed the Lord’s Commands/Edicts and will subsequently suffer the second death in the fires of Hell.

Why the Hell and Brimstone comment? Life is short, our Lord is near and there is no time for Political Correctness and “feelings.” The primary purpose of our “life” in the realm of “time” is to prepare for Eternity. God the Father is seeking those who desire to serve Him faithfully in the coming Kingdom of God. If you desire LIFE on a New Earth that is free from sin, disease, death, I urge you to repent of your sin, seek forgiveness and obey the Son of God – Jesus Christ our Lord. If you desire eternal death, deny the Son and live in disobedience to His will for your life…you will reap what you sow!

Rickey D. Holtsclaw

Related article: “In the Beginning God, Why?” https://rickeyholtsclaw.com/2017/09/27/in-the-beginning-god-why/

Today is 06 December 2017 and is a date I believe will “live in infamy” as does 07 December 1941. Why?

The purpose of this article is to provide some very interesting talking points relevant to what I believe are undeniable “signs of the times.”  What I mean by that is the fact that our Lord articulated that no one knows the day or the hour of His return, “that Day” of the Apocalypse, but I do believe my Lord has alluded to the fact that we can know the “season” of His return by observing His Chosen People, the Jewish Nation of Israel.

I am not going to enter into a deep eschatological study of current events and attempt to impress you with Hebrew, Greek renderings of the Scriptures, but only provide you with a brief overview of what has transpired since the 1940’s until today and let you take the evidence where it leads.

For hundreds-of-years, eschatologists could not comprehend the Biblical Prophecies relevant to the Apocalypse due to the fact that the Nation of Israel no longer existed subsequent to the complete and utter destruction of Jerusalem by Titus and the Tenth-Roman Legion in 70 AD. The Jewish Tribes were scattered throughout the World…how would Israel ever achieve Nationhood again?

Then our Lord, using Satan’s evil intent in the Jewish Holocaust of the 1940’s, placed the desire for a Nation of refuge into the hearts and minds of the Jewish people with the motto “Never Again.” Never again would the Jewish People be the slaves and downtrodden of the World; therefore, Jewish leaders began a push toward Nationhood/Statehood.

In 1948, it was decided that the small piece of desert land formerly given to Abraham by the Lord would become the Nation of Israel once again and thus the eschatological time-clock was set, once again, into motion.

In 1967, the Six-Day War, the Nation of Israel won back the City of Jerusalem.  The entire Apocalypse surrounds the City of Jerusalem; the possession of Jerusalem by the Jewish People will be the impetus for the overwhelming hatred and retribution by the Muslim/Islamic Nations of the Middle East that initiates the Apocalypse (in my opinion). But what is the catalyst that will initiate a call-to-arms against Israel by its Muslim Neighbors? Here, I believe, is possibly why today, 06 December 2017, is a most significant eschatological event.

Today, 06 December 2017, United States President, Donald J. Trump, will support the relocation of Israel’s Capital from Tel Aviv to Jerusalem as well as the relocation of the United States Embassy from Tel Aviv to Jerusalem – this decision will most assuredly incite the wrath of those who hate the Nation of Israel as spoken of in Jesus’ Revelation to the Apostle John.

Considering the resurgence of antisemitism; the nuclear programs of Iran, N. Korea, Pakistan, Russia; the struggles of Russia to regain diplomatic significance; the growth of China and its military; the weakening of America by rampant abortion and immorality having alienated the Lord Jesus Christ (as in the Days of Noah), the pieces of Biblical Prophecy are fitting perfectly together and though I do not know the day or the hour, the signs of the times are undeniable.

Again, I am not going to bore you with all of the intricate details and reference Scriptures, but I will leave you with a basic pictorial of what I believe is the relevance of 06 December 2017.

Rickey D. Holtsclaw

An Eternal Conflict Manifest in the Flesh…

The conflict between Jesus-Yeshua – Verses – Allah-Muhammad-Islam is nothing more than an Earthly manifestation in Time of the conflict that was initiated by Lucifer in the Heavenly Realm. In fact, if one studies and listens to the Holy Spirit, there is evidence strongly suggesting that the only viable reason for the creation of Time, the Universe, Mankind was our LORD’s plan to deal with Lucifer, Sin, the rebellious Angels while seeking to maintain volitional love with His created beings.  Islam is a manifestation of Lucifer-Satan-Allah and his false prophet, Muhammad, who is battling the will, the plan, the purposes of Jesus-Yeshua who entered Time 2017-years ago from Eternity to defeat Satan via the Crucifixion.  Ultimately, it will be Islam that will ignite the Apocalypse or the Day of the LORD.

 

M A R A N A T H A  

L O R D! 

Also see: In the Beginning God – Why? https://rickeyholtsclaw.com/2017/09/27/in-the-beginning-god-why/

While the Bible doesn’t say, “Thou shalt not rape” in the Ten Commandments, it is summed up in the essence of the moral Law, which says to love your neighbor as yourself. Love does not rape.

Hebrew criminal law considered rape such a serious crime that rapists were to be put to death:

“But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die” (Deuteronomy 22:25, KJV).

Yet there are some who believe that the Scriptures say that the victim of the rapist had to marry him. He wasn’t to be punished, but to be rewarded with the woman as his prize. Here is the verse used to justify that belief:

“If a man find a damsel that is a virgin, which is not betrothed, and LAY HOLD ON HER, and lie with her, and they be found; Then the man that lay with her shall give unto the damsel’s father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days”(Deuteronomy 22:28-29, KJV, caps added).

Unbelievably, (in the light of the previous verse saying that a rapist was to be put to death) a number of modern translations interpret “lay hold on her” as rape.

The Hebrew word “tapas” means to “take hold of something,” to grasp it in hand, and (by application) to capture or seize something.

In Genesis 4:21, it used for “handling” the flute.

If a man raped a woman, he was to be put to death. Killed. That means he is dead (no longer alive), and a dead man can’t marry the woman he raped. He can’t marry her because he’s dead.

So for those who can figure out that dead men don’t rape women, coupled with the fact that the verse says “if THEY be found,” implying both were guilty, this verse obviously refers to consensual sex.

It’s similar to what we nowadays call a “shotgun” wedding. They had to get married.

See: https://www.livingwaters.com/does-the-bible-say-a-rape-victim-must-marry-her-rapist/

Jesus said,

 “Beware of the false prophets, who come to you in sheep’s clothing, but inwardly are ravenous wolves.“  Matthew 7:15

Let’s discuss false teachers, false doctrine, that is pointing millions of sincere people to the Gates of Hell.  Topics of discussion…

• Is Repentance necessary for Salvation?
• Can we, through the power of prayer, the power of words, manipulate God to bless us with Health, Wealth – Prosperity?
• Does the Lord hear the prayer of the unrighteous, the unsaved, the unredeemed?
• What is the Biblical definition of Salvation and how does one achieve it?
• Warning: pictures/photos of aborted children are contained within this article.

By: Rickey D. Holtsclaw

“The Christian religion is the best religion that has ever been given to man.” – Thomas Jefferson, Jefferson Memorial

“Education is useless without the Bible.” – Daniel Webster

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Article Objectives

The objective of this article is to discuss the following…

1. First, I would like to take a few minutes and provide some background, specifically landmark Supreme Court Decisions, that have led to America’s compromise with the demonic ideology of Moral Relativism.  It is the tenets of Moral Relativism i.e. narcissism, hedonism, unrestrained sensuality, covetousness which has promulgated the lies under-girding 21st-Century Faux-Christianity.
2. Second, I want to discuss the heretical teaching of Pastor Chris Kratzer, http://chriskratzer.com/, who heads up a ministry that appears to be focused primarily on the LGBTQ Cult[ure].  Mr. Kratzer espouses an “enlightened” version of the Gospel where he denigrates the teachings of the first two-thousand-years of the Christian Church relevant to faith, repentance, grace, God’s wrath, God’s Immutability. I believe Pastor Kratzer’s positioning on repentance ultimately blasphemes Christ and the Crucifixion – the suffering of our Lord for the redemption of mankind.
3. Subsequent to discussing the heresy espoused by Chris Kratzer, I would like to discuss the false and demonically inspired doctrines espoused by “Prosperity Gospel” Teachers/Preachers like Joel Osteen and Benny Hinn; that is, the false narrative that our “words contain power” and through our words we, mere mortals, can manipulate a Holy, Just, Righteous, Immutable, Omniscient, Omnipotent, God to fulfill the lust of our heart and bless us with “Health – Wealth – Prosperity”  AKA “The Prosperity Gospel” that prospers the Pastor and spiritually cripples the people who desperately, naively, believe in the heresy.
4. Biblical Salvation, what is it and what exactly does it entail?  The Gospel message and its application to our lives – a discussion.

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Faux-Christianity – Causation

Premise: A Disobedient, Slothful, Lukewarm, Christian Church Begets Faux-Christianity…how did we get here?

1. The United States Supreme Court in Engel v. Vitale (1962) evicted the Lord Jesus Christ from America’s Public School System.  In 1963, once Christ had vacated the premises, Darwin was invited into America’s Public Schools to infuse his demonically inspired, baseless, Theory of Evolution into the innocent hearts and minds of America’s youth. Evolution is the antithesis/the enemy of Creationism; therefore, Evolution promulgates Atheism and seeks to subvert the inerrancy of the Holy Bible.  Christians, for the most part, remained silent, complacent, compliant and submitted their children to the doctrine of demons i.e. Evolution.

“And I use that trust to effectively brainwash them….our teaching methods are primarily those of propaganda.  We appeal-without demonstration-to evidence that supports our position.  We only introduce arguments and evidence that supports the currently accepted theories and omit or gloss over any evidence to the contrary.” 

Singham, Mark, “Teaching and Propaganda,” Physics Today (vol. 53, June 2000), p. 54

“We cannot identify ancestors or “missing links,” and we cannot devise testable theories to explain how particular episodes of evolution came about.  Gee is adamant that all the popular stories about how the first amphibians conquered the dry land, how the birds developed wings and feathers for flying, how the dinosaurs went extinct, and how humans evolved from apes are just products of our imagination, driven by prejudices and preconceptions.”

Bowler, Peter J., Review of In Search of Deep Time by Henry Gee (Free Press, 1999), American Scientist (vol. 88, March/April 2000), p. 169

2. One-decade later, subsequent to ten-years of the lies espoused by Evolutionary Theory which devalues life, January 22, 1973, the United States Supreme Court in the landmark decision of Roe v. Wade (1973), voted 7-2 to deny the pre-born child their 5th and 14th Amendment “due process” protections thereby permitting a mommy to conspire with her abortionist and the United States Federal Government to torture, burn-to-death, mutilate, dismember, murder, 60-million babies in subsequent years, mostly in the name of Moral Relativism e.g. “convenience” – a bloody form of birth control.  America’s posterity is murdered while their precious bodies, mutilated via the abortion procedure, are sold for profit.  Also in 1973, the Humanist Manifesto (Part II) was published which strongly advocated the murder of America’s pre-born children via abortion and in that same year the American Psychiatric Association declassified Homosexuality as a mental illness. The fateful year of 1973 will be seen as the turning-point in America’s history paving the path to destruction as a Nation – our Lord hates the hands that shed innocent blood.  Warning – if Roe v. Wade (1973) is not fully repealed very soon, God’s wrath will continue to be poured-out on the United States of America and on the people of that great Nation.  The people will suffer horrifically and America will be relegated to the status of a third-world Nation politically, economically and militarily.  Personally, I believe America has gone too far for too long and passed the point of no return – America is doomed as a result of its bloody hands of abortion and its rejection of the Lord Jesus Christ as King.  America’s Constitutional Republic, based on a voluntary adherence to the rule of law, cannot maintain its viability/sustainability when the tenets of Moral Relativism are the restraints on human behavior.  The Christian Church, for the most part, has remained quiet and compliant with the initiation of “Abortion on Demand” i.e. the shedding of innocent blood, the murder of 60-million babies since Roe/1973.

Caution: Photo’s of aborted children below….

 

3. In 2015, the United States Supreme Court, in the landmark case of Obergefell v. Hodges (2015), usurped the Holy Covenant of Marriage established by the Creator in the Genesis of time between one-man/one-woman and God; in place of God’s Covenant of Marriage, the United States Supreme Court authorized every form of aberrant sexual perversion as a Marriage Covenant.

As a result or consequence of these godless Supreme Court decisions, the Lord Jesus Christ has walked away from America’s bloody-perverse hands of iniquity and Satan has rushed in to fill this ominous vacuum.  It is an undeniable fact that pervasive LGBTQ behavior in a society is THE tell-tale sign that God’s wrath is on that society – see Romans 1:18-32.  America will continue down the slipper-slope to self-destruction as long as Roe v. Wade (1973) remains the law of the land and thereby implicates the United States Federal Government in the horrors of the holocaust of infanticide!

 

In Twenty-First-Century-America, Satan’s demonic ideology of Moral Relativism reigns supreme in the Land of the “once” Free and Brave thus confusion, dissension, hopelessness, addiction, an overwhelming sense of peril permeates society and the one institution most negatively effected by this heretical, satanic influence, is the Christian Church.

Recently, during a Twitter war between the representatives of Satan and myself, a member of the LGBTQ Cult[ure] sent me a link to the ministry of Pastor Chris Kratzer who is very influential in the LGBTQ Cult[ure] because this “minister” teaches the heresy that Salvation through Jesus Christ is not contingent upon “repentance,” but simply faith.  The LGBTQ Cult[ure] admires and supports Pastor Kratzer because he teaches and preaches that LGBTQ is not truly a sin and that aberrant sexual behavior is permissible conduct by a Christian – there is no requirement, according to Pastor Kratzer, that the LGBTQ repent of their sexual perversion and that God simply permits the behavior to continue by grace and mercy.  Mr. Kratzer is adamant that LGBTQ perversity or “sin” in general and God’s warnings relevant to punishment in Hell are basically allegorical, an over-statement, exaggerations by hateful, power hungry, controlling bigots, espousing an antiquated, outdated, no longer relevant, conservative, Evangelical Christian message; therefore, an eternally significant and relevant question presents itself for serious discussion and debate…

Is Repentance Necessary for Salvation?

Let me be very clear and direct at this point.  Anyone who teaches or preaches that a man or woman finds salvation void true, honest, REPENTANCE is either deceived, ignorant of Scriptural truth or is teaching a gospel emanating from the pit of Hell. Repentance means to turn away from or to initiate a 180-degree turn away from willful disobedience, premeditated sin against our Holy God.  “Faith” AND “Repentance” are two-sides to one-coin i.e. Salvation.  Repentance, a turning away from willful sin, is the primary indicator that a person’s salvation is authentic and genuine!

No one who truly loves and adores the Lord Jesus Christ – no one who has truly experienced the “New Birth” and indwelling of the Holy Spirit can live in willful sin and disobedience to the Lord Jesus Christ – no one!  This is not to say that the Christian does not struggle with a “sin nature” inherited from our father Adam, but those who have placed their faith in the death, burial and resurrection of Jesus Christ are no longer slaves to sin and death, for the believer is more than a conqueror through Christ Jesus.

No one, including the members of the LGBTQ Cult[ure] of death, can honestly confess they are a redeemed child of the Living God and subsequently willfully, unashamedly, continue in a lifestyle or deathstyle that is the antithesis of holiness, integrity, honor, dignity, for if one is truly “born again,” the old life has passed away and the new life in Christ is manifest.

“Or do you not know that the unrighteous will not inherit the kingdom of God?  Do not be deceived; neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor homosexuals, nor thieves, nor the covetous, nor drunkards, nor revilers, nor swindlers, will inherit the kingdom of God.  Such were some you; but you were washed, but you were sanctified, but you were justified in the name of the Lord Jesus Christ and in the Spirit of our God.”  (1 Corinthians 6:9-11 NASB)

Pastor Kratzer implies that the Conservative Christian who is honest, truthful, sincere, regarding God’s warnings relevant to sin, death and Hell are misguided, bigots, zealots, out of touch/out of date/antiquated – for God is love, according to Mr. Kratzer and it is unfathomable that a compassionate God would relegate the LGBTQ or any other sinner of good intent to a torturous Hell.  Chris Kratzer and other false teachers of his ilk are servants of the god of this World, Satan – and – it is Satan’s lies these false teachers promulgate and it is the soul of men, women, young adults, under their demonically inspired teaching that will suffer in Hell for an eternity.  It’s important for the child of God to recognize the “mixing” or debased confluence of spiritual truth with demonic deception as the words flow from the fingers/keyboard and mouth of false teachers…

Jesus said,

 “Beware of the false prophets, who come to you in sheep’s clothing, but inwardly are ravenous wolves.”  (Matthew 7:15)

Pastor Chris Kratzer is quoted as saying….

“Declaring the LGBTQ community to be living in sin, though there is strong biblical evidence to the contrary.”

In response, the Holy Spirit says…

 

 

 

 

 

 

“You shall not lie with a male as one lies with a female; it is an abomination.”  (Leviticus 18:22 NASB)

Then the Lord God said, “It is not good for the man to be alone; I will make him a helper suitable for him.”  Out of the ground the Lord God formed every beast of the field and every bird of the sky, and brought them to the man to see what he would call them; and whatever the man called a living creature, that was its name.  The man gave names to all the cattle, and to the birds of the sky, and to every beast of the field, but for Adam there was not found a helper suitable for him.  So the Lord God caused a deep sleep to fall upon the man, and he slept; then He took one of his ribs and closed up the flesh at that place.  The Lord God fashioned into a woman the rib which He had taken from the man, and brought her to the man. The man said,

For this reason a man shall leave his father and his mother, and be joined to his wife; and they shall become one flesh.  And the man and his wife were both naked and were not ashamed.  (Genesis 2:18-25 NASB)

But we know that the Law is good, if one uses it lawfully, realizing the fact that law is not made for a righteous person, but for those who are lawless and rebellious, for the ungodly and sinners, for the unholy and profane, for those who kill their fathers or mothers, for murderers and immoral men and homosexuals and kidnappers and liars and perjurers, and whatever else is contrary to sound teaching, according to the glorious gospel of the blessed God, with which I have been entrusted.  (1 Timothy 1:8-11 NASB)

Now I desire to remind you, though you know all things once for all, that the Lord, after saving a people out of the land of Egypt, subsequently destroyed those who did not believe.  And angels who did not keep their own domain, but abandoned their proper abode, He has kept in eternal bonds under darkness for the judgment of the great day,  just as Sodom and Gomorrah and the cities around them, since they in the same way as these indulged in gross immorality and went after strange flesh, are exhibited as an example in undergoing the punishment of eternal fire.  (Jude 5-7 NASB)

And the Lord said, “The outcry of Sodom and Gomorrah is indeed great, and their sin is exceedingly grave.”  (Genesis 18:20 NASB)

^“…and they called to Lot and said to him, “Where are the men who came to you tonight? Bring them out to us that we may have relations with them.”  (Genesis 19:5 NASB)

Pastor Kratzer continues…

“Twisting God into a monster that finds justice and holiness in sending people to an eternal hell of unimaginable torture while there is clear biblical and historical evidence to conclude quite the opposite.”  With an alarming propensity, you are capable of using your faith understanding to spiritually justify the hate, harm, death, discrimination, and condemnation of people. “For if you can and are determined to believe in a god who created, sustains, and allows a hell of unyielding eternal torture for people who don’t love Him back in return and believe precisely as you do, then yours is a highly increased capacity to translate that same violence, harm, and spiritually justified hate into the attitudes and actions of your faith. So much of how we carry ourselves and the trajectory of our lives is a direct result of our views of God. If you believe in a god who self-identifies as Love while torturing the objects of His love in the eternal flames of hell, then don’t be surprised when people discern that you could do likewise: spiritually, emotionally, and physically—all in the name of Jesus and Love. In fact, some would suggest, this is exactly what your conservative Evangelical faith system already excels at manifesting.”  – Chris Kratzer

In response, the Holy Spirit says…

Pastor Chris Kratzer said…

“Partnering and associating with a faith system that has been an undeniable perpetuator [perpetrator] of some of the most evil manifestations on the earth—war, violence, discrimination, and greed—to name a few.  If this is the side of history you are determined to stand upon. If these are the flags upon which you pledge your allegiance. If these are the creeds to which you anchor your convictions, then no matter the goodness of your heart or intentions, there’s some sure things one can know about you with a scale-tipping measure of certainty.” – Chris Kratzer

In response, the Holy Spirit says…

“There is a book [the Bible] worth all the other books ever printed.” – Patrick Henry

“It cannot be emphasized too strongly or too often that this great Nation was founded not by religionists, but by Christians; not on religions, but on the Gospel of Jesus Christ.” – Patrick Henry

Pastor Chris Kratzer said…

“Let’s be clear, the days are long over for deflecting the people [conservative Christians espousing a literal translation of Scripture] who draw these conclusions and declaring them to be unfair and unfounded. For this is what it actually means, these are the real ramifications, and these are the undeniable dominoes that fall as a result of your faith choices.  If you don’t like it, denounce it and walk away.” – Chris Kratzer

In response, the Holy Spirit says…

Pastor Chris Kratzer said…

“Until then, if you’re still an anti-gay, hell preaching, conservative Evangelical, Trump supporting Christian, don’t be surprised when these are the things good intelligent people surmise—including many of us who love Jesus.” – Chris Kratzer

The relevant prophecy by the Apostle Paul at the direction of the Holy Spirit says in response…

Warning – Warning – Warning

Health – Wealth – Prosperity Gospel – a Theological Teaching in Faux-Christianity that emanates from the pit of Hell…

We’ve reviewed and discussed the lie from Hell promulgated by Pastor/Teacher Chris Kratzer and evidence has been forthcoming that substantiates the fact that “faith” and “repentance” are essential to Salvation.  But beware of other similar false messages, lies from Hell, promulgated by false teachers such as Joel Osteen and Benny Hinn who preach a “health and wealth” gospel that says our “words have power” and that we, mere mortals, can manipulate the will of an Omnipotent, Omniscient, God by speaking these words and “believing” with “faith” that “our will” and “our lust” will be done.

Understand that prayers are the communicative part of our relationship with Jesus Christ. Prayers are not simply a smorgasbord of our petitions and demands of the Lord…prayer is a gift, a means of intimate fellowship with our Heavenly Father where we give Him due praise and adoration; where we give thanks for His blessings and kindness; where we discuss our concerns, our thoughts and hopes; where we petition the Lord for His intercession in accordance with “His Will, not “our will,” “our lust.”

In my opinion, the greatest and most effective prayer is to petition the Lord for His perfect will in the situations that burden our hearts for there is NO more effective or better resolution for any circumstance of concern than the perfect will of our loving and compassionate God. Contrary to the heretical teaching of those who minister the “Prosperity Gospel,” remember that God is, allegorically speaking, the Potter (our Creator) and we are the “clay” (the created) and we do NOT possess the authority or the power to manipulate our God or pervert Scripture to coerce our Lord to “bless and prosper us” in the likeness of a Heavenly Santa Clause.

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Prayers of the Unrighteous

Another very significant spiritual misunderstanding relevant to prayer is the prayer of the unrighteous, those who are not saved, those who have not established a relationship with the Lord Jesus Christ through faith.  Those who are not “in Christ” are amazed to discover that their prayers are in futility; the prayers of the spiritually dead don’t rise past the ceiling of the room in which the petition is initiated…how can this be?  Fact is, the ONLY prayer from the lost that the Lord Jesus Christ actually hears is a prayer of “repentance and affirmation/acceptance” of Jesus Christ as Lord and Savior. Again, the prayers of the lost, the spiritually dead, are in futility unless the prayer is one of repentance and acceptance of Jesus Christ as Lord and Savior through faith.

“But know this first of all, that no prophecy of Scripture is a matter of one’s own interpretation, for no prophecy was ever made by an act of human will, but men moved by the Holy Spirit spoke from God.”  (2 Peter 1:20-21 NASB)

“All Scripture is inspired by God and profitable for teaching, for reproof, for correction, for training in righteousness;”  (2 Timothy 3:16 NASB)

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  The Gift of Salvation – What Exactly is Salvation?

If you are sincerely seeking a relationship with Jesus Christ, understand that your relationship with our Creator is contingent upon you sincerely believing that Jesus Christ is God and that He died to pay the penalty for YOUR sin, a debt you could not pay. Mankind cannot “work” or be “good enough” to find favor with a Holy, Perfect, Just, God; therefore, Jesus, the perfect, sinless, “Lamb of God,” paid the price for your sin at the Crucifixion and it is your “faith” (your sincere belief) in what Jesus did for you that results in God giving you (imputation) the righteousness (a right standing before God) of Christ.  Remember, everyone of us has sinned (missed the mark) and fallen short of God’s standard; therefore, without the imputation of Christ’s righteousness to replace our unrighteousness, you will die in your sin and spend your Eternity in Hell.

This is worth emphasizing: Salvation is contingent upon a heart that is repentant for the sins done in the body and a redeemed heart i.e. a person who is Born Again by the infusion/gift of the Holy Spirit will, without fail, seek to live a life that is honoring to our Just, Righteous, Holy, Immutable, Omniscient, Omnipotent, Lord and Savior Jesus Christ.

Whoever confesses, with their mouth, Jesus Christ as their Lord and Savor and sincerely believes in their heart that God raised Him or Her from the dead, that person will be saved and receive the Gift of the Holy Spirit as a Guarantee of their salvation. From that point forward, the man or woman, child, who confesses Jesus Christ as Lord and Savior is no longer alone in this World nor are they alone in Eternity for they are infused with the Spirit of God and are redeemed, judged “not guilty” for past, present, future sin.  Remember, salvation is NOT a license to sin, for those who have been baptized into Christ through salvation have died to sin and they are a “new creation” the old ways of a sinful life have passed away.

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Before we conclude: Let’s clarify, once again, the necessity of “repentance” as integral with Salvation.

Faith without works [repentance-obedience] is dead.  Don’t misunderstand this Biblical truism.  No man can “work” or be “good enough” to find favor with God thereby “earning” them Eternal Life (or else Christ would not have needed to die)…it is only by “grace” (unmerited favor) through “faith” (a sincere belief) that one enters into a relationship with Jesus Christ.

“For all of us have become like one who is unclean, And all our righteous deeds are like a filthy garment; And all of us wither like a leaf, And our iniquities, like the wind, take us away.”  (Isaiah 64:6 NASB)

But, “works” or “right conduct” via repentance are the natural manifestation/resultant of true faith and the preeminent indicator that one is truly saved and has truly entered into a loving, eternal, relationship with the Lord Jesus Christ.

“For by grace you have been saved through faith; and that not of yourselves, it is the gift of God; not by works, so that no one can boast.  For we are God’s handiwork, created in Christ Jesus to do good works, which God prepared in advance for us to do.”  (Ephesians 2:8-10 NASB)

We are NOT saved by our “works,” but good works/obedience “subsequent to salvation” is the outward manifestation or outward indicator that our salvation is genuine and authentic.  If a person is capable of continuing in willful disobedience, a sinful lifestyle void a grieved and remorseful conscience subsequent to a profession of faith for salvation, that person’s salvation is in question and most likely NOT genuine. 

What are the indicators or manifestations that a person has been saved?

When a man, woman, child, initially enter into a relationship with Jesus Christ, they are basically “spiritual babes” in the faith and it is through the “study of God’s Word,” the “hearing of God’s Word” and “prayer” that one matures in their faith.

“Be diligent to present yourself approved to God as a workman who does not need to be ashamed, accurately handling the word of truth.”  (2 Timothy 2:15 NASB)

“So faith comes from hearing, and hearing by the word of Christ.”  (Romans 10:17 NASB)

“The effective prayer of a righteous man can accomplish much.”  (James 5:16b NASB)

As the baby Christian matures and grows in their faith, the “Fruits of the Spirit” will naturally begin to manifest in their daily life.  These “behaviors” are indicators that one is successfully maturing in their faith…not every Christian grows or matures at the same rate, some Christians remain child-like throughout their Earthly life, others mature very quickly as they fervently seek and do the will of God; consequently, our works for the Lord, during our tenure on Earth, will be judged for quality and faithfulness and we will likewise receive rewards for those works of faithfulness.  Remember, this life in the realm of “time” is, for all intent and purpose, simply preparation for Eternity…prepare well!

“For we must all appear before the judgment seat of Christ, so that each one may be recompensed for his deeds in the body, according to what he has done, whether good or bad.”  (2 Corinthians 5:10 NASB)

Does the believer in Jesus still wrestle or contend with sin?

Does the believer, especially the new believer in Christ, struggle with sin???  I think it’s reasonable to say that many new Christians might struggle with the deception of sin from time to time (as a result of the “old” sin nature that remains), but it is through the power and strength of the Holy Spirit that the redeemed overcomes the Evil One (Satan) and the sin that burdens our soul. For many believers, as they mature in their faith, priorities change, desires change, perspectives change and life becomes oriented to the mind and will of Christ accompanied by contentment, peace, joy, satisfaction and an understanding/assurance that this life in “time” pales in comparison to the life that awaits us in Eternity.

“For WHO HAS KNOWN THE MIND OF THE LORD, THAT HE WILL INSTRUCT HIM? But we have the mind of Christ.”  (1 Corinthians 2:16 NASB)

If and when a believer sins against our God, that sin does not result in one losing their salvation, but the believer is naturally grieved for their sin and asks forgiveness, not to secure their salvation again – for salvation is secure through the guarantee of the Holy Spirit, but the believer humbly asks, through prayer, for the forgiveness of sin in order to reestablish the “intimacy of the relationship” with Jesus Christ where there is true joy and peace – though sin does not threaten the salvation of the believer, sin does destroy intimacy and fellowship with our Lord; therefore, we humbly ask for forgiveness of our sins through prayer so that intimacy, joy, peace, will be restored – manifest in our lives.

Be Wary of Wolves in Sheep’s Clothing

Please be wary of wolves in sheep’s clothing e.g. false, heretical, teachers like Chris Kratzer, Joel Osteen, Benny Hinn, who preach a message that emanates from the pit of Hell. Want to know the Truth of God’s Word and develop a spirit of wisdom and discernment?  Purchase a copy of God Word, the Holy Bible, sit down and begin reading in the Gospel of John, then…Genesis, then…the entire New Testament, then….the entire Hebrew or Old Testament Scriptures.

Once you’ve completed your first read-through of the Scriptures, I suggest that you then purchase a Hebrew-Greek-Aramaic dictionary, perhaps by Strong’s that matches the version of your Bible, and begin a study in the original languages and “study to show yourself approved,” a workman for the Lord who does not need to be ashamed, but one that is firmly rooted and grounded in Truth; a Christian who knows the Word and needs no man to tell them what God’s Word actually says.

“But even if you should suffer for the sake of righteousness, you are blessed. AND DO NOT FEAR THEIR INTIMIDATION, AND DO NOT BE TROUBLED, but sanctify Christ as Lord in your hearts, always being ready to make a defense to everyone who asks you to give an account for the hope that is in you, yet with gentleness and reverence; and keep a good conscience so that in the thing in which you are slandered, those who revile your good behavior in Christ will be put to shame.”  (1 Peter 3:14-16 NASB)

Allow the Holy Spirit to open the Scriptures for you that you might see Truth and Eternity. You will find answers to every question of life and you will find the greatest LOVE imaginable, a LOVE that is beyond comprehension.  The Holy Bible is our “owner’s manual,” a gift to mankind from our Creator and you are not complete or whole without the Scriptures firmly planted in your heart and in your mind. Life will NEVER be the same!  I confidently promise that you will never regret the time spent in God’s Word!!!

Additional information?  See…

Is Repentance Necessary for Salvation?: https://bible.org/question/repentance-necessary-salvation

LGBTQ – Satan’s Agenda of Death: https://rickeyholtsclaw.com/2017/08/17/lgbtq-satans-agenda-of-death/

In the Beginning God – Why?:  https://rickeyholtsclaw.com/2017/09/27/in-the-beginning-god-why/

Thank you,

Rick Holtsclaw

Jesus said:

“The thief comes only to steal and kill and destroy; I came that they may have life, and have it abundantly.”  (John 10:10 NASB)

 

 

 

No. 16-3402

IN THE UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

RICKEY DALE HOLTSCLAW (Pro Se)

Plaintiff-Appellant,

v.

MAYOR SANDY SANDERS, City of Fort Smith, Arkansas

CHIEF OF POLICE KEVIN LINDSEY, City of Fort Smith, Arkansas

THE CITY OF FORT SMITH, ARKANSAS

MAYOR LIONELD JORDAN, City of Fayetteville, Arkansas

CHIEF OF POLICE GREG TABOR, City of Fayetteville, Arkansas

THE CITY OF FAYETTEVILLE, ARKANSAS

Defendants-Appellees

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF ARKANSAS

The Honorable Chief Justice P.K. Holmes, III

PETITION FOR REHEARING EN BANC

Rickey Dale Holtsclaw, Appellant, Pro Se

PO Box 315

Uniontown, Arkansas 72955

Redacted

Redacted

rickholtsclaw@yahoo.com

rickeyholtsclaw@gmail.com

---

Plaintiff-Appellant Holtsclaw requests an En Banc review of Holtsclaw v. Sanders et al (2016), Case #16-3402, because the panel decision conflicts with decisions rendered by the United States Supreme Court and Eighth Circuit to wit:

Pargo v. Elliott, 894 F. Supp. 1243 (S.D. Iowa 1995) (Includes 8^th Circuit Quote)

Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982)

Sunday Lake Iron Co. v. Wakefield, 247 U.S. 350, 38 S. Ct. 495 (1918)

Thomas v. Board of Trustees, 515 F. Supp. 280

Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073 (2000)

Consideration by the full court is therefore necessary to secure and maintain uniformity of the Court’s decisions.

Decision by the Eight Circuit

On Tuesday, 21 February 2017, Eighth Circuit Court of Appeals Justices Smith, Bowman and Benton affirmed the decision of Chief Justice P.K. Holmes, District Federal Court for the Western District of Arkansas, to dismiss, with prejudice, the civil action of Holtsclaw v. Sanders et al (2016), Case #16-3402.

The Eighth-Circuit panel, as a basis for its decision, opted to evaluate the cause of action articulated in Holtsclaw v. Sanders (2016) by the standards set forth in a Constitutional review involving an incarcerated felon in Phillips v. Norris, 320 F.3d 844 (8th Cir. 2003) who was seeking redress for alleged “due process” and “equal protection” violations.

The Eighth Circuit, in affirming the District Courts dismissal with prejudice relevant to Holtsclaw v. Sanders et al (2016), stated that Holtsclaw “failed to state an equal-protection claim” …  “…concluding that an equal protection failed where the plaintiff did not allege membership in a protected class or purposeful discrimination.” 

The Eighth Circuit Court, as a result of the positional standards used to arrive at its decision to affirm, has agreed to hold Holtsclaw to a standard that the District Court nor the counsel for the Defendants nor the Supreme Court require of a plaintiff seeking redress for a violation of Fourteenth Amendment equal protection via U.S. Code § 1983.

The Eighth Circuit Court, by suggesting Holtsclaw is not a “protected class” person or that Holtsclaw failed to “allege” protected class status based solely on the fact that he is a heterosexual Caucasian male, born and raised in America, a current citizen of the United States and a citizen of the State of Arkansas; because the Plaintiff, physically, morally, ethically and logistically does not fit neatly within an arbitrary societal construct defining which segment of American society deserves “special protection” and which segment of American society should be denied the protections of the United States Constitution and U.S. Code § 1983 is wholly unfair, unconstitutional and violates the very premise upon which U.S. Code § 1983 was constructed and enacted.  Holtsclaw suggests that the decision by the Eighth Circuit to affirm is, for all intent and purpose, discriminatory and unfair.

Holtsclaw argues that stare decisis requires the Court evaluate the “protected class” status of a Plaintiff in U.S. Code § 1983 litigation via a consideration of the context articulated within the cause of action as opposed to requiring said Plaintiff define in specific terms why or for what reasons said Plaintiff is of a “protected class” status. Fact is, U.S. Code § 1983 and the Fourteenth Amendment require no such “protected class” perquisite for citizens seeking redress for harm done by those acting under the color of law.  The “protected class” moniker, when discussed in civil actions accepted for Supreme Court review, are overwhelmingly focused on race-based, gender-based, employment-based, EEOC-based disputes, but Holtsclaw v. Sanders et al does not fit neatly into the well-defined protective box of race, religion, sex, gender-identification or nationality, but Holtsclaw v. Sanders, as a unique case of first impressions, focuses wholly upon blatant government corruption thereby focusing on the much more relevant aspects of protected class e.g. the protections bestowed upon a Plaintiff as a Citizen of the United States and as a Citizen of the State of Arkansas where the rule of law is the bases or standard for evaluation.

The Courts refusal to recognize the unique cause of action within Holtsclaw v. Sanders et al has, for all intent and purpose, denied Holtsclaw the protective intent of the Fourteenth Amendment and the specific, unique, protections provided only by U.S. Code § 1983; that is, protection from arbitrary, illegal, conspiratorial conduct by representatives of the government acting under the color of law.  Suggesting that Holtsclaw is not a “protected class” citizen worthy of U.S. Code § 1983 protections or that Holtsclaw has failed to claim such protections within the cause of action is simply unfair, discriminatory and incorrect.

Issue One – Discussion

“Protected Class”

In Pargo v. Elliott, 894 F. Supp. 1243 (S.D. Iowa 1995), the Supreme Court stipulates that the “Equal Protection Clause of the United States Constitution requires the states to treat similarly situated persons in a substantially equivalent manner.”  The Court in Pargo continues “… the initial inquiry in analyzing an equal protection claim is to determine whether a person is similarly situated to those persons who allegedly receive favorable treatment.” “In a case involving an inmate gender discrimination claim, the Eighth Circuit held that even if classes are found not to be similarly situated, a court still must apply a rational basis analysis.”

Holtsclaw argues that it is the “State Law” providing a foundation for the cause of action in Holtsclaw v. Sanders et al; therefore, Holtsclaw is of a “similarly situated” classification and must be considered a member of a “protected class”  seeing that Holtsclaw does, as does every other citizen in the State of Arkansas (as are the members of the Loud Motorcycle Culture involved in Holtsclaw v. Sanders et al), possess a reasonable expectation of protection via enforcement of Arkansas’ State Laws; Holtsclaw contends that as a citizen of the State of Arkansas he, like every other “similarly situated” citizen of the State – including the Loud Motorcycle Culture in Arkansas, has entered into a binding civil-reciprocal contractual agreement with the State via the Arkansas State Constitution of 1874; therefore, this unique case of first impressions recognizes Holtsclaw as a “similarly situated” and “protected” person for purposes of State Law as a foundation for U.S. Code § 1983 civil litigation, specifically – “equal protection” of the law relevant to the issues articulated within Holtsclaw v. Sanders et al.

Arkansas State Constitution of 1874

Article 2, § 1. Source of power…

All political power is inherent in the people and government is instituted for their protection, security and benefit; and they have the right to alter, reform or abolish the same, in such manner as they may think proper.

The disparity or unequal application of the law between similarly situated persons relevant to Holtsclaw v. Sanders et al is clearly articulated in the reiteration/discussion of the cause of action beginning on page-10 of this petition for En Banc review document.

In Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982), the Court emphasizes the fact that Fourteenth-Amendment “equal protections” are available to “any person within its jurisdiction” and the protections are “universal” and applicable to “all persons within the territorial jurisdiction, without regard to any difference of race, of color, or of nationality.” The Court, in Plyler v. Doe, continues…

“For purposes of the Fourteenth Amendment’s equal protection clause which prohibits states from denying equal protection to “any person within its jurisdiction,” undocumented aliens, despite their immigration status, are persons “within the jurisdiction” of a state entitled to the equal protection of its law, use of the phrase “within its jurisdiction” confirming that the protection of the Fourteenth Amendment extends to anyone, citizen or stranger, who is subject to the laws of a state, and reaches into every corner of a state’s territory, and that until he leaves the jurisdiction, either voluntarily or involuntarily in accordance with the Constitution and laws of the United States, a person is entitled to the equal protection of the laws that a state may choose to establish.”

Considering Sunday Lake Iron Co. v. Wakefield, 247 U.S. 350, 38 S. Ct. 495 (1918) and as cited in Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073 (2000), the Court clearly articulates that “equal protection,” the very purpose of same, is to “secure every person within the State’s jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by its improper execution through duly constituted agents.”

The “protected class” moniker, when discussed in civil actions accepted for Supreme Court review, are overwhelmingly focused on race-based, gender-based, employment-based, EEOC-based disputes, but U.S. Code § 1983 litigation is also inclusive of “citizenship” as a “protected class” deserving of protection via U.S. Code § 1983 litigation, and is especially relevant in litigation involving municipal government corruption (under the color of law), non-protection issue based litigation culminating in “equal protection” claims where State Law is a foundational element in that litigation. Holtsclaw has clearly articulated the parameters necessary for defining the Plaintiff as a “protected class,” “similarly situated” person within the cause of action relevant to Holtsclaw v. Sanders et al.

Issue Two – Discussion

 “Purposeful discrimination”

The burden of “purposeful discrimination” (mens rea) as noted in the Appellate Courts decision to affirm may be more accurately defined as an “impermissible discriminatory purpose.” In Thomas v. Board of Trustees, 515 F. Supp. 280, the Court states…  “A plaintiff’s 42 U.S.C.S. § 1981 and 42 U.S.C.S. § 1983 actions require him to prove by a preponderance of the evidence that defendants actions have been motivated by an impermissible discriminatory purpose.”

Irrespective of the standard used, “purposeful discrimination” or “impermissible discriminatory purpose,” Holtsclaw has clearly articulated the discriminatory practices of the Defendants in Holtsclaw v. Sanders et al in the cause of action within Holtsclaw’s complaint document and in a more succinct manner within the Appellant Brief document, Pages 5-6. Note the following intentional or “purposeful discrimination” and “impermissible discriminatory purpose” employed by the Defendants against Holtsclaw as a “similarly situated” person when compared to the rights and privileges of the Loud Motorcycle Culture in Holtsclaw v. Sanders et al.

Holtsclaw argues that the Defendants, while involved in a proprietary function solely for the financial benefit of the municipal coffer and political expediency, recklessly and with callous disregard of the known dangers associated with the antisocial conduct of the Loud Motorcycle Culture, conspired to usurp/disregard the authority and protective intent of well-established Federal Law and Arkansas Motor Vehicle and Traffic Law, § 27-37-601, enacted specifically by the Arkansas General Assembly for the protection of Holtsclaw’s health and welfare as well as Holtsclaw’s quality of life.

Holtsclaw argues that he was denied equal protection of the law resulting from the Defendants enactment of a policy or custom of nonfeasance, non-enforcement, non-control, which unconstitutionally and unfairly favored the antisocial, illegal, intrusively dangerous behavior of the Loud Motorcycle Culture in attendance in overwhelming numbers at the motorcycle rallies identified within the Complaint Document while discriminating against and denying Holtsclaw the protection provided by the well-established law to wit Arkansas § 27-37-601 that clearly and articulately prohibits the illegal, physiologically dangerous, antisocial conduct of the Loud Motorcycle Community.

As a result of this inequality of the application of the law, Holtsclaw and his family were repetitively “audibly assaulted” and for all intent and purpose “bullied” by the Loud Motorcycle Community exiting the motorcycle rallies in mass. This scenario has transpired on four different occasions relevant to the Fayetteville rally and once relevant to the 1st annual Fort Smith rally in 2015. The Fort Smith and Fayetteville motorcycle rallies are annual events and the intrusive, illegal, dangerous antisocial conduct of the Loud Motorcycle Community is expected to increase as their attendance numbers are correspondingly expected to increase with each passing year. The Equal Protection Clause therefore demands that the government “apply its laws in a rational and nonarbitrary way; the unequal application of a law, fair on its face, may act as a denial of equal protection.” Pryor-El v. Kelly, 892 F. Supp. 261 (D.D.C. 1995); Brandon v. District of Columbia Bd. of Parole, 262 U.S. App. D.C. 236, 823 F.2d 644, 650 (D.C. Cir. 1987) (citing Yick Wo, 118 U.S. at 373-74; Zeigler v. Jackson, 639 F.2d 776, 779 (5th Cir. 1981))).

As a result of the Defendants calloused and willful disregard for the protective intent of the well-established law in conjunction with providing the Loud Motorcycle Community police protection privileges, Holtsclaw suffered the physiological and psychological injurious manifestations of audible assault resulting from repetitive exposure to illegally equipped, illegally loud motorcycles exiting these motorcycles rallies in mass; illegally modified motorcycles emitting four-to-eight times (logarithmic scale), approximately 110 dB(A)+, the motorcycle noise emissions of 80 dB(A) as restricted by the United States Environmental Protection Agency via the Code of Federal Regulations for street production motorcycles (1986 year model forward). The US EPA 80 dB(A) “total” motorcycle noise emissions restriction being mandated as the “minimum” safe level of exposure-protection for the general public. It’s important to note that Arkansas § 27-37-601 mirrors or duplicates the protective intent and concerns of the Federal Law/Code of Federal Regulations relevant to motorcycle exhaust emissions protection limitations for the general public by requiring every motor vehicle operated on the roadways of Arkansas be equipped with the quiet “factory-installed muffler.” Ultimately, the violation of Holtsclaw’s Fourteenth Amendment Right to “equal protection of the law,” via the tortious, violative decision making on the part of the Defendants, manifest in a violation of Title 42, U.S. Code § 1983

Conclusion

Holtsclaw v. Sanders et al is a unique case of first impressions involving government corruption, law enforcement nonfeasance, conspiratorial behavior between municipal mayors and law enforcement with full intent to usurp the protective intent of the well-established law for financial gain and political expediency.   Holtsclaw v. Sanders et al involves not only the concerns of Plaintiff-Appellant Holtsclaw, but in the balance weighs the daily quality of life, the health and welfare of many millions of vehicular noise beleaguered American Citizens.

“The worst evil of disregard for some law is that it brings disrespect for all laws.” (President of the United States, Herbert Hoover)

Respectfully submitted on 03 March 2017,

Rickey Dale Holtsclaw, Appellant-Plaintiff – Pro Se

­­­­*** Related Videos and Articles ***

Video: Loud Motorcycles? (Pt. 1) THE LAW: https://www.youtube.com/watch?v=ouBsdUq-2Iw&t=25s

Video: Loud Motorcycles? (Pt. 2) OBFUSCATION AND DECEIT: https://www.youtube.com/watch?v=UxFtHInScZQ&t=1562s

Video: Loud Motorcycles? (Pt. 3) OBSTACLES & SOLUTION?: https://www.youtube.com/watch?v=xtiVZ6qUX40&t=115s

Video: Loud Motorcycles? (Pt. 4) BIKER RALLIES & MAYORAL PROSTITUTION: https://www.youtube.com/watch?v=tZiGBqbcFwA&t=160s

Video: Loud Motorcycles? (Pt. 5) A SOUND SOLUTION: https://www.youtube.com/watch?v=pt-HvGTiOgg&t=964s

Video: Evidence of Arkansas Vehicular Noise Conspiracy: https://www.youtube.com/watch?v=XZ–8v2S784&t=24s

Video: Do Loud Pipes Save Lives?: https://www.youtube.com/watch?v=qRxyoSj4sNU&t=29s

Article: Illegal Motor Vehicle Noise – A Sound Solution: https://rickeyholtsclaw.wordpress.com/2017/03/06/illegal-motor-vehicle-noise-a-sound-solution/

Article: The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

Article: Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

Article: Loud Motorcycles and the EPA: A Letter and Plea for Intercession: https://rickeyholtsclaw.wordpress.com/2016/09/16/loud-motorcycles-the-epa-a-plea-for-intercession/

Article: My LOUD Day at the Harley Dealership: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

Article: EPA v. Harley: $15-million lawsuit: https://rickeyholtsclaw.wordpress.com/2016/08/20/epa-sues-harley-for-15-million-better-yet-the-aftermarket-scam-is-out-of-the-bag/

Article: The Loud Biker Cult[ure] Personality: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Article: State Muffler Laws – A Compilation: https://rickeyholtsclaw.wordpress.com/2016/09/12/state-muffler-laws/

Article: Warning: Motorcycle Rights Organizations Seek Protected Class Status: https://rickeyholtsclaw.wordpress.com/2016/05/01/warning-motorcycle-rights-organizations-seek-protected-class-status-warning/

 

 

 

 

 

To: Mr. James B. DeMocker, Director –  Office of Air Policy and Program Support

November 25, 2016

Dear Mr. DeMocker,

Thank you for your response to my letter requesting intercession from the United States Environmental Protection Agency (EPA) concerning the out of control vehicular NOISE problems plaguing the roadways, Interstates and communities of the United States.  Unfortunately, your response was very disappointing and unsatisfactory for the following reasons.

1. You acknowledge the obfuscation of the EPA by reiterating the fact that the responsibility for vehicular noise control was delegated to the States and local governments along with the de-funding of ONAC in 1981.  Mr. DeMocker, Sir, with all due respect, this is not a satisfactory answer or solution to the fact that our States and local governments and their law enforcement entities are failing and have been failing to intercede on behalf of the vehicular noise beleaguered citizenry for the past thirty-years. Please understand this: Our states and local law enforcement refuse to intercede on behalf of the suffering vehicular noise beleaguered citizenry! Our law enforcement community has become so entangled and compromised by their unethical participation in the illegal conduct in conjunction with our local elected leadership prostituting themselves with the Loud Motorcycle Cult[ure] at biker rallies for profit that it is absolutely mandatory the EPA and the US Congress provide a “National Uniformity of Treatment.” The noise beleaguered citizen is begging and pleading for your assistance! If not the EPA, to whom do we turn for intercession if our states and local governments refuse to protect us?
2. You acknowledge the admirable enforcement endeavors of the EPA relevant to the recent civil action against Harley Davidson Motor Company pertaining to the Clean Air Act and the air pollution caused by Harley’s Screaming Eagle Super-Tuner devices.  What you fail to acknowledge is the fact that the Noise Control Act and the Code of Federal Regulations, not the Clean Air Act, are the actual initiators of this violation, the subsequent civil action and enforcement initiative.
3. Mr. DeMocker, you emphasize the fact that the EPA v. Harley civil action focused not on noise emissions but on the emissions of “hydrocarbons and nitrogen oxides.”  You then emphasize the injurious physiological ramifications of these pollutants which have been documented as causative factors in cases of “asthma attacks, respiratory illnesses (redundant), and premature death.” Mr. DeMocker, what you have failed to acknowledge is the well documented physiological injurious effects of unregulated environmental noise, with an emphasis on vehicular noise as it relates to human physiology.  Physiological injury such as those articulated on the EPA Website which includes the statement… “Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects.” “The EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices.” 

With all due respect Mr. DeMocker, the EPA is gagging at a gnat (air pollution and silly, non-substantiated, global warming concerns) while swallowing a camel (noise pollution), a most undeniable and significant in-your-face/ear vehicular noise pollution problem that cannot be ignored…a vehicular noise pollution problem that destroys the daily quality of life for many millions of American citizens and needlessly endangers their health and welfare according to the United States Congress…

42 U.S. Code § 4901 – Congressional findings and statement of policy

(a) The Congress finds—

(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;

(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

Mr. DeMocker, it is imperative that the EPA stop the obfuscation and stop the excuses for failing the vehicular noise beleaguered citizenry.  Again, our state and local governments care absolutely nothing for the vehicular noise beleaguered citizenry and as retired 31-year police veteran, I can substantiate that fact!

Also, the EPA’s failure to control and regulate the criminal conspiratorial marketing strategies of the motorcycle aftermarket industry is nothing less than pure negligence on the part of an Agency tasked with the responsibility of protecting and defending the rights of the American citizen relevant to environmental issues. Mr. DeMocker you defer culpability for non-enforcement to our states and local governments, but I ask you Sir, what Agency actually has jurisdiction and authority and is responsible for regulating an industry that criminally conspires to market illegal products which negatively affect the environment, the health and welfare and the quality of life of the American citizen – illegal products  that are distributed on a Nationwide basis, across State lines, involving manufacturing, labeling, distributing, retailing, installation, operation?

The EPA’s myopic obsession with air pollution has resulted in a complete disregard for that two-year old child and her fatigued mom who reside in a poorly constructed 2nd-floor apartment overlooking a very busy intersection in Anywhere, USA.  Twenty-four hours a day, seven days a week, that child and her mom are bombarded by the Loud Motorcycle Cult[ure] (as well as the illegally Loud Auto and Truck Cult[ure]) comprising some 60% to 80% of the motorcycling population.  These motorcycle noise bullies have opted to ignore Federal and State law by installing a NOT FOR ROAD USE – COMPETITION – CLOSED COURSE aftermarket exhaust on their motorcycle emitting four-to-eight-times (logarithmic scale) the legal “total” “safe” motorcycle noise emissions of 80 dB(A) – noise emissions that are audible for over one-mile under hard acceleration, yet the EPA obfuscates and denies any responsibility while local and state law enforcement sip their coffee and look the other way; this, while the before mentioned child and her mom suffer!  Why?

As a retired 31-year veteran of the Houston Police Department and as a concerned American citizen, I am very ashamed of the United States Environmental Protection Agency for its failure to perform its duties and responsibilities relevant to illegally equipped, dangerously loud, intrusive, motorcycles, automobiles and trucks!

Original letter to the EPA can be viewed at: https://rickeyholtsclaw.wordpress.com/2016/09/16/loud-motorcycles-the-epa-a-plea-for-intercession/

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired, Cell: 479-259-7041                                                          Concerned Citizens Against Loud Motorcycles

rickeyholtsclaw@gmail.com or rickholtsclaw@yahoo.com

15 September 2016

Dear Director Gina McCarthy,

Hello Director McCarthy and the dedicated employees of the United States Environmental Protection Agency (EPA).  My name is Rickey Dale Holtsclaw.  I am an honorably retired thirty-one-year veteran of the Houston Police Department.  During my tenure with the Houston PD, I served in radio patrol, motorcycle patrol and as a commercial rotorcraft patrol pilot.  During my enforcement years, traffic enforcement was a major part of my patrol responsibilities and it was during those traffic enforcement years that I gained an experiential knowledge of motor vehicle laws, especially laws relevant to motor vehicle noise emissions and the strategies involved in successfully enforcing and adjudicating vehicular noise violations.

The subject of this letter and the evidence provided relevant to same is based on my hands-on experiences as a law enforcement officer and avid motorcyclist, but the sincere and heartfelt request for your Agency’s intercession comes from the heart and concerns of a Husband, a Father, a Grandfather.  The subject of this letter is the role of the Environmental Protection Agency relevant to the exponential increase, OUT OF CONTROL, vehicular noise problem on our Interstates, roadways and within the communities of America.  Though illegally modified and illegally equipped automobiles and medium-to-heavy duty trucks are a major source of NOISE pollution, this letter is focused on the most egregious source of vehicular noise pollution confronting the American Citizen on a daily basis, the modified or illegally equipped motorcycle operated by men and women within a subculture of the motorcycling community I commonly refer to as the Loud Motorcycle Culture.

The Facts

Some 60% to 80% of the roadway-use motorcycles operating on the public roadways of the United States have had their US EPA compliant, factory-installed muffler removed and replaced with a “NOT FOR ROAD USE,” CLOSED-COURSE, COMPETITION aftermarket exhaust (many are unlabeled) that emits between four-and-eight+ times (measured on a logarithmic scale) the legal 80 dB(A) stipulated as the minimum safe level of motorcycle noise exposure for the general public.  I have provided a partial list of aftermarket manufacturing companies in the addendum accompanying this letter.

V.

In 1972, the United States Congress passed the “Noise Control Act” and prefaced said Act with the following statement,

42 U.S. Code § 4901 – Congressional findings and statement of policy

(a) The Congress finds—

(1) that inadequately controlled noise presents a growing danger to the health and welfare of the Nation’s population, particularly in urban areas;

(2) that the major sources of noise include transportation vehicles and equipment, machinery, appliances, and other products in commerce; and

(3) that, while primary responsibility for control of noise rests with State and local governments, Federal action is essential to deal with major noise sources in commerce control of which require national uniformity of treatment.

(b) The Congress declares that it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare. To that end, it is the purpose of this chapter to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.

In 1981, the Office of Noise Abatement and Control (ONAC) was de-funded at which time the United States Environmental Protection Agency stepped-back from an active role in environmental noise issues and delegated complete responsibility for noise control to the States and Local Governments. Director McCarthy, our State and Local Law Enforcement entities have miserably failed the vehicular NOISE beleaguered citizenry for over five-decades.  A change to the failed status quo is long over do; therefore, I plead for the EPA’s intercession.

The US EPA declares,

In the past, EPA coordinated all federal noise control activities through its Office of Noise Abatement and Control. EPA phased out the office’s funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were never rescinded by Congress and remain in effect today, although essentially unfunded.  https://www.epa.gov/aboutepa/epa-history-noise-and-noise-control-act

The EPA continues…

What is Noise Pollution?

The traditional definition of noise is “unwanted or disturbing sound”.  Sound becomes unwanted when it either interferes with normal activities such as sleeping, conversation, or disrupts or diminishes one’s quality of life.  The fact that you can’t see, taste or smell it may help explain why it has not received as much attention as other types of pollution, such as air pollution, or water pollution.  The air around us is constantly filled with sounds, yet most of us would probably not say we are surrounded by noise.  Though for some, the persistent and escalating sources of sound can often be considered an annoyance.  This “annoyance” can have major consequences, primarily to one’s overall health.  

 Health Effects of NOISE Pollution as per the US EPA…

Noise pollution adversely affects the lives of millions of people.  Studies have shown that there are direct links between noise and health.  Problems related to noise include stress related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption, and lost productivity.  Noise Induced Hearing Loss (NIHL) is the most common and often discussed health effect, but research has shown that exposure to constant or high levels of noise can cause countless adverse health affects.

Sources of Noise Pollution as per the US EPA…

EPA or a designated Federal agency regulates noise sources, such as rail and motor carriers, low noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices. 

A Brief Review of the Legislative Aspects of Noise Pollution by Dr. Brind Kumar*, Sharad V. Oberoi@, Akash Goenka

Excerpt:

With the advancement of science and technology at an unprecedented pace, the urban centers of today’s world have evolved not just in size but also in terms of the living conditions provided by them. This has brought about an increasing new awareness about the noise pollution, which has become a part of our day-to-day lives. Studies have been conducted to trace the amount of damage caused by the noise from various natural as well as man-made sources, especially traffic. In fact, noise has come to be associated with the mental, physical, emotional and psychological well-being of an individual, be it human beings or even animals. In legal terms, noise can be considered as an assault on an individual. Apparently, this is a potential hazard to the provisions of sound living conditions and needs to be checked at planning, administrative and judicial level.

The EPA, Local and State Enforcement of Vehicular Noise

During my thirty-one-year tenure with the Houston Police Department, I personally observed the exponential increase of dangerous, intrusive, illegal motor vehicle NOISE while observing, with shame, sworn law enforcement officers becoming some of the most prolific violators of the muffler laws.  Not only were civilian motorcyclists cutting the mufflers off of their motorcycles or purchasing NOT FOR ROAD USE/racing exhausts and installing them on their street motorcycles, but my fellow officers were forming law enforcement motorcycle clubs and law enforcement biker gangs where the operation of an illegally equipped, illegally LOUD motorcycle was (and is) expected and was (and is) the status-quo.

Over the years, I watched as the motorcycling community morphed into organized members from the white-collar/blue-collar social strata possessing disposable income as the motorcycle also morphed from an item of novelty to a major source of transportation.  The “motorcycle” became associated with a “lifestyle of freedom,” an icon of independence and individuality – a vehicle of expressed machismo.

Along with this façade came the influence of the venerable Group Dynamic and illegal motorcycle NOISE became Iconic – that NOISE is a coveted identifier within the “LOUD Biker Cult[ure]” and it is that NOISE forming the cohesive element of the motorcycle “brotherhood.” As history will confirm, where there is a need, desire or a want and where there is money to acquire that wanton desire, there will be those profit-minded suppliers to fill those desires, irrespective of the legality; therefore, I watched as a plethora of motorcycle aftermarket manufacturers emerged onto the motorcycle soundscape.

The Motorcycle Aftermarket Exhaust Industry – (an undeniable criminal conspiracy)

Director McCarthy, as I mentioned earlier, some 60% to 80% of the motorcycles operating on our public roadways today are illegally equipped with incredibly LOUD aftermarket exhaust mechanisms that mock the “protective intent” of the Code of Federal Regulations.  Aftermarket motorcycle exhaust companies like Vance and Hines, Rinehart Racing, Python, Bubs, Cobra, D&D, Yoshimura…on and on the list goes. (See addendum)

These motorcycle aftermarket companies are manufacturing motorcycle exhausts that in no way conform to the NOISE and PARTICULATES emissions standards as set-forth by the US Environmental Protection Agency; emissions standards enacted/codified by the EPA specifically for the protection of the health and welfare, the quality of life of the American Citizen. This criminally conspiratorial conduct of the motorcycle aftermarket manufacturers has not manifest in secret, but these companies have thumbed their lawless, rebellious, nose at the law for many years and they’ve openly and unashamedly advertised their illegal products via the public media for decades. Director McCarthy, why has the US EPA failed to regulate the criminal conspiracy existing among the,

• Manufacturers of illegal aftermarket motorcycle exhausts?
• The Distributors of illegal aftermarket exhausts?
• The Retailers of illegal aftermarket exhausts?
• The Installers of illegal aftermarket exhausts?
• The Operators of motorcycles equipped with illegal aftermarket exhausts?

I am aware of the aftermarket exhaust manufacturers deceptive marketing tactic of covertly/discreetly labeling their products as “CLOSED COURSE” in an attempt to defer culpability while these shady companies know full well that their non-compliant, illegally LOUD and PARTICULATE-POLLUTING product is destined for installation on a street-use motorcycle. These aftermarket motorcycle exhaust companies, expressing absolutely no fear of regulatory intervention, make no attempt to conceal that fact as they blatantly and openly advertise their illegal products affixed to street motorcycles in the public media while selfishly expressing no concern for the health and welfare or the quality of life of the American Citizen.

For more information on the conspiratorial nature of the motorcycle aftermarket industry, please see the following detailed article published by Dealers News.  Please understand that the carefully worded obfuscation “Shades of Gray” is actually “Black and White” as the subject relates to the marketing of illegal motorcycle aftermarket exhaust mechanisms…

SHADES OF GRAY: Selling and installing aftermarket exhausts, and the legal liabilities for dealers

http://dealernews.prod.as2.guidance.com/dealernews/article/shades-gray-selling-and-installing-aftermarket-exhausts-and-legal-liabilities-dea

Motorcycle Dealerships

The motorcycle dealerships in the United States, some possessing absolutely NO FEAR of regulatory intervention, defiantly remove the US EPA factory-installed muffler from some of their “new inventory” and install illegally LOUD aftermarket exhausts as a packaged retail marketing strategy.

See: https://www.youtube.com/watch?v=HsN6rBbWiQI and my personal article: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

Many motorcycle dealerships advertise and retail their used inventory outfitted with illegal aftermarket exhausts and lie to or ignorantly misinform their customers that the exhausts are “49-State legal” See:

“Evidence of Arkansas Vehicular Noise Conspiracy” at: https://www.youtube.com/watch?v=XZ–8v2S784

 EPA Muffler Labels and the Motorcycle Manufacturer

Some motorcycle manufacturers, Harley Davidson in particular, are no longer placing the US EPA Muffler Label in a “readily visible location” as mandated in the Code of Federal Regulations. In order to examine the EPA muffler label, one is required to get down on their hands and knees to see the embossed label at the four to five O’clock position low.  The aftermarket motorcycle exhaust companies and a number of motorcycle manufacturers are making a laughing-stock of the Code of Federal Regulations thereby expressing absolutely no concern for regulatory intervention.  See my article on this subject at: https://rickeyholtsclaw.wordpress.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/

The EPA/Harley Davidson and the Truth regarding those “Super Tuners”

Personally, I am very grateful and applaud the US EPA for their recent enforcement of the Clean Air Act and regulatory lawsuits aimed at Volkswagen/Audi and Harley Davidson, but where is the EPA’s enforcement of the physiologically intrusive entity that is destroying our daily quality of life and negatively affecting our health and welfare i.e. unregulated, incredibly LOUD, physiologically dangerous, illegal motorcycle NOISE as regulated by the Noise Control Act and the Code of Federal Regulations?

The EPA sued Harley Davidson under the “Clean Air Act” for the company’s marketing/retail of super tuner devices that defeat/alter the emissions systems on their motorcycles.  Fact is, these “super tuner” devices would not be necessary if the motorcycle’s owner had not tampered with or removed the factory-installed, EPA compliant muffler and replaced same with an illegal aftermarket exhaust that, in far too many instances, requires the removal of the catalytic converter and/or the O2 sensors, yet not one word was mentioned in the articles I viewed about the actual culprit that inspired the lawsuit i.e. the installation of an illegal aftermarket exhaust mechanism affecting the fuel-control system of the motorcycle thus requiring a “super-tuner” for remapping the fuel injection system.

Truth is, that aftermarket muffler was purchased for the sole purpose of making illegal NOISE for hedonistic motives – let’s face the facts…no one purchases an antiquated Harley Davidson product for its “performance” capabilities. These “Screaming Eagle” super-tuners are only necessary because the owner of the iconic Harley product sought to defeat the acoustical dampening characteristics of the quiet US EPA approved factory-installed muffler; therefore, it is the “Noise Control Act” and the Code of Federal Regulations’ “noise” emissions restriction that actually undergirded the regulatory civil action. Why was this fact not publicized?

A Heartfelt Plea for Intercession

Director McCarthy, I’m tired and I’m pleading for your assistance…

• The police negligently refuse to intercede on behalf of the motorcycle noise beleaguered citizenry. A freedom of information request I conducted revealed that in a six-month span of time, the three Arkansas Municipalities hosting major motorcycle rallies issued ZERO citations for muffler infractions, though many thousands of motorcycle, auto, truck, muffler infractions were traversing the roadways of Arkansas on a daily and nightly basis. My current State of residence, Arkansas, has enacted a very articulate motor vehicle muffler law to-wit Arkansas § 27-37-601 requiring the “factory-installed muffler” and part (B) of that statute forbids the sale/retail of an exhaust mechanism that does not conform to the specifications of the factory-installed muffler.  Director McCarthy, my enforcement survey over a six-month period of time involving the Arkansas State Police and the Arkansas Highway Police plus four Arkansas Municipalities confirmed that not a single, NOT ONE, investigation was initiated by these enforcement entities relevant to motorcycle, automobile and truck muffler retail facilities selling and installing illegal aftermarket exhausts in direct violation of Arkansas’ State Law and Federal Law…see my personal video on this subject at: https://www.youtube.com/watch?v=XZ–8v2S784 The Internet provides evidence of this law enforcement nonfeasance/non-enforcement on a Nation-wide scale. Law enforcement simply refuses to intercede on behalf of the motorcycle noise beleaguered citizenry and stare decisis, via our Federal Courts, shelters them from liability resulting from non-enforcement/non-protection via police protection exemptions – except under very specific scenarios that nullify the police protection exemption.  To whom does the motorcycle noise beleaguered citizen turn for intercession seeing that our police are too participatory, apathetic and unconcerned to enforce the vehicular noise laws enacted specifically for our protection?
• Our mayors and police chiefs prostitute themselves with the Loud Biker Culture via “motorcycle rallies” where, at a minimum, 60% to 80% of the motorcycles involved in these rallies are illegally equipped, egregiously LOUD and intrusively emitting multiples of the legal 80 dB(A) total motorcycle noise emissions as mandated in the Code of Federal Regulations for 1986-year model motorcycles forward. This, while these city officials, acting under the color of law, refuse to enforce the well-established muffler laws enacted for our protection and in turn, provide “police protection” for the law breakers of the Loud Motorcycle Culture purely in the interest of profit and political expediency.  Please view a sample video of the 2016 Steel Horse Motorcycle Rally in Ft. Smith, Arkansas and the Bikes, Blues, BBQ Rally – Fayetteville.  Count the “legally” equipped motorcycles with their US EPA factory-installed mufflers installed:   https://www.facebook.com/sholtsclaw1/videos/10208933923212601/  and https://www.youtube.com/watch?v=gAYQ0dfJnVE Director McCarthy, if our police won’t protect us, if our local leadership abuses the protective intent of the United States Constitution and denies the citizenry the protective intent of the well-established muffler laws, where do we turn for help?  Where does a Dad turn for protection and intercession on behalf of his family that is audibly assaulted, bullied and abused by the Loud Motorcycle Culture?
• The aftermarket motorcycle industry makes a laughing-stock of the Code of Federal Regulations, but the US EPA turns a blind eye and deaf ear to their criminally conspiratorial marketing strategies while the motorcycle noise beleaguered citizens suffer. Yes, air quality is very important, but where is the much needed attention relevant to the egregious, illegal and intrusive vehicular NOISE that “daily” destroys our quality of life and endangers our health and welfare?

A National Uniformity of Treatment –  (One Motorcycle Muffler Law)

Director McCarthy, please intercede on behalf of the motorcycle NOISE beleaguered citizenry.  Please petition Congress to stop the vehicular noise madness and to please stop compromising themselves with the Motorcycle Rights Organizations headquartered in Washington D.C..

Please petition Congress to institute a “national uniformity of treatment” relevant to a “National Motorcycle Noise Enforcement Standard” – please stop the disparity and inherent confusion in vehicular noise laws from one State to another, from one municipality to another.  This statutory inconsistency inevitably results in confusion that undermines effective enforcement protocol…the non-enforcement and non-control by law enforcement while the hedonistic purveyors of illegal motor vehicle noise run slipshod over the muffler laws enacted specifically for the protection of our health and welfare and our quality of life.

Please establish ONE National Law for motorcycle noise enforcement e.g. the US EPA approved factory-installed muffler or an aftermarket muffler conforming to the acoustical dampening characteristics of the factory-installed muffler, both of which must be properly “labeled in a readily visible location.” Please enact the “US EPA muffler label” as the National Enforcement Standard – our States and local law enforcement entities have completely failed us!

For additional information relevant to motorcycle noise enforcement protocol, please see my enforcement article, “Motorcycle Noise Enforcement – 101”: https://rickeyholtsclaw.wordpress.com/2016/09/12/motorcycle-noise-enforcement-101/

Also see my article: “The Truth about Loud Motorcycles the Police Won’t or Can’t tell you: https://rickeyholtsclaw.wordpress.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/

To observe the attitude and personality-type involved in the Loud Biker Culture, please view their comments in response to adversity toward their perceived “right” and “entitlement” to ride illegally loud: https://rickeyholtsclaw.wordpress.com/2015/09/04/loud-biker-mentality-1949-v-21st-century/

Conclusion

Vehicular NOISE pollution is out of control in the United States and the individual States and local authorities are unwilling to intervene and stop the vehicular NOISE madness. Director McCarthy, please…

1. Regulate the unethical, conspiratorial, illegal marketing tactics of the aftermarket motorcycle industry.
2. Please petition Congress to institute a National Uniformity of Treatment – Motorcycle Enforcement Protocol consisting of the US EPA muffler label as the “National Motorcycle Noise Standard” for all street-use motorcycles and to enhance the penalty phases for subsequent violations of the Federal Muffler Law.  I have personally witnessed the ability of the Federal Government to motivate local and State law enforcement into action relevant to specific enforcement needs via withholding Federal Grants and funds for infrastructure maintenance and new construction as well as providing funding for police overtime initiatives for specific enforcement concerns.  It can be done and you, Director McCarthy, are in a position of authority to ensure that the American Citizen is protected from the audible abuse of the Loud Motorcycle Culture.

Director McCarthy, if you opt to obfuscate and blame a lack of funding or a lack of personnel thereby refusing to intercede on our behalf, remember that our children, our posterity, will NEVER understand the concept of “domestic tranquility” as it relates to community.  We plead for your assistance and intercession!

“The worst evil of disregard for some law is that it destroys respect for all law” Herbert Hoover, United States President

Sincerely,

Rickey D. Holtsclaw, Houston PD/Retired

Concerned Citizens Against Loud Motorcycles – Facebook

 Addendum

Following, is a partial list of aftermarket motorcycle exhaust manufacturers flooding the motorcycle market and our streets with illegal, egregiously LOUD and DIRTY non-compliant motorcycle exhausts…why is this permitted to continue? Where is commonsense and common decency?  Where is the care and concern for the vehicular NOISE beleaguered American Citizen? List was last edited in April/2009.

List acquired from: http://pnwriders.com/threads/exhaust-company-list.50742/

Akrapovic – http://www.akrapovic-exhaust.com

ANR – http://www.anrperformance.co.uk/

Arata – http://www.arata-ex.com/

AreaP – http://www.areapnolimits.com/home.html

Arrow – http://www.arrow.it

ART – http://www.artexhausts.com

Axcial – http://www.axcial-sport.com/moto/moto.html

Barabbas – http://mysite.freeserve.com/barabbas

Beet – http://www.beet.co.jp/index2.html

Black Hole Exhaust for BMW – http://rbracing-rsr.com/bmwexhausts.html

Black Widow – http://www.bwracing.com

Blue Flame – http://blueflameperformance.com

BOS – http://www.bos-exhausts.com

Boxer BMW Performance – http://www.boxer-performance.com/products.htm

Boz Bros – http://www.bozbros.com/exhausts.cfm

BSM – http://www.bsm-exhausts.com

Carbon Can Co – http://www.carboncan.co.uk

Cobra/Eagle Exhaust – http://www.speedpro.de/auspuffset.htm

D&D – http://www.danddexhaust.com

DAM – http://www.damexhaust.com/

Delkevic – http://www.delkevic.co.uk/

Devil – http://www.devilbikes.com

DPM – http://www.dpmsilenziatori.it

Dynomite- http://dynomite.co.uk/Dynosite/HTMLfiles/home_fin.html

E PRO – http://www.eijyupro.co.jp/toppage.htm

Erion Racing – http://www.erionracing.com

Cobra F1 Exhausts – http://www.cobrausa.com/

FC Racing – http://fc-racing.com/

FRC – http://monsite.wanadoo.fr/frc.echappements/

FMF Racing – http://www.fmfracing.com/

Foran (AU) – http://www.dropbears.com/f/foran/index.htm

Formula 1 – http://www.formula1mc.com.au/

G & G – http://www.gegbike.com/

G-Force – http://www.gforceexhausts.co.uk

Gianelli – http://www.giannelli.com/

Graves- http://www.gravesport.com/index.html

G.P.R. – http://www.gpr.it

Hard Rock Pipes – http://www.hardrockmotorsports.com/HR1_web/HR1_web_home.html

Harpoon – http://www.harpoon.es/

Harris – http://www.harris-performance.co.uk

High-Tes Exhaust (Spain) – http://www.jacmotors.com/

Hindle – http://www.hindle.com

Dale Walker’s Holeshot – http://www.holeshot.com/

HMF – http://www.hmfengineering.com/

Indigo Sports – http://www.indigosports.com/

Invader – http://www.trikbitzracing.iofm.net/invader.htm

Ixil – http://www.ixil.com/

Jack Lilley – http://www.jacklilley.com

Jardine – http://www.jardineproducts.com/home.asp

Jolly Moto exhaust (IT) – http://www.jollymoto.it

K-Factory – http://www.k-factory.com

Krieger – http://www.krieger-competition.com/

Laser/Jama – http://www.laser-jama.nl/

Leo Vinci – http://www.leovince.com

M4 – http://www.m4exhaust.com

Marving – http://www.marving.com/

Maxx – http://www.morini.com.au/maxx/index.html

Mecatwin – http://www.mecatwin.com/

MHP – http://www.jacklilley.com

Micron – http://www.micronexhaust.com

Mig – http://www.mig.fr

Mihara Specialty – http://www.mihara.co.jp/

MIVV – http://www.mivv.it/

Moriwaki – http://www.moriwaki.co.jp

Motad – http://www.motad.co.uk/

Muzzy – http://www.muzzys.com

Nikko – http://www.nikko-racing.com/

Nikon – http://www.nikonexhausts.co.uk/

Ninja – http://www.ninja.tm.fr

Nojima Japan – http://www.nojima-japan.co.jp/

NWS – http://www.n-w-s.com/#

Oshiro – http://www.oshiroridingtools.com/

Over Racing – http://www.over.co.jp/over_racing/index.html

Powermax – http://www.powermaxexhaust.com

Power Plant Fabrications – Super Maxx Race Exhausts – http://www.tyler6.freeserve.co.uk/

Predator – http://www.predatormotorsport.co.uk/

Promotive – http://www.promotive-exhausts.co.uk/

Quill – http://www.jbracing.co.uk/index.htm

Raven Racing – http://www.ravenracing.co.uk/

RC Koshien – http://www.rckoshien.co.jp/

Redline Exhaust (AU) – http://redline.vcsweb.com/index.html

Another company called Redline (UK) – http://www.redlinewunoff.co.uk/

Remus – http://www.remus.au

Renegade – http://www.renegade-exhausts.com

RS Product – http://www.rsproduct.com/nouveaute.php

Sato Racing – http://www.satoracing.com

Scorpion – http://www.scorpion-exhausts.com

Sebring Technology – http://www.sebring.de/

Side Kick – http://www.sidekickperformance.co.uk

Silmotor – http://www.silmotor.com

Spec A (Yamamoto Racing) – http://www.yamamoto-eng.co.jp/

SP Tadao Racing Parts – http://www.sptadao.co.jp/

Staintune – http://www.staintune.com.au/index.html

Sudco – http://www.sudco.com/

Sugaya – http://www.srs-sugaya.com/

Supertrapp/Kerker – http://www.supertrapp.com/

Superpole – http://www.superpole.nl/

Swona – http://www.swona.com/

Taylormade –

Thunder – http://www.thundercompetition.com/

Ti-Force- http://www.tiforce.com/top_page.html

Tigcraft – http://www.tigcraftusa.com/

Termignoni – http://www.termignoni.it/

TSR – http://www.tsrjp.com/

Tsukigi Racing – http://www.tsukigi.co.jp/

Tubi/HPE – http://www.tubistyle.it/home.htm

Two Brothers Racing – http://www.twobrothers.com

Vance & Hines – http://www.vanceandhines.com

Venom – http://www.venomexhausts.com/

Wolf – http://www.wolfracing.co.uk

Wiley Co – http://www.wileyco-racing.com

WRP – http://www.windtrading.it/

Wunoff – http://www.wunoff.co.uk

Yoshimura – http://www.yoshimura-rd.com

Zorstec – http://www.zorstec.net/

Ztechnik exhaust for BMW – http://www.ztechnik.com/