Cycle News - Archive Issues - 1970's

By John Bethea TEHACHAPI, CALIF., Sept. 3,1970Bean Canyon has long time been a nice place for the weekend rider with the area far away from complaining residents; but not so any longer as one local oWner, Roger Nichols, has recently filed a complaint with the Kern County Sheriffs against 150 riders for trespassing on his property. Serl(eant Ben Austin of the County Sheriff's Department expJained that Nichols filed the complaint due to "excessive damage to his property and the poor attitude of the riders he had confronted on his property." The first time any problem was known to occur in Bean Canyon was on Aug. 25, 1968. "At that time," says Sgt. Ausitn, "Nichols was concerned about what he could do about getting the motorcyclists from coming onto his land. But that was as far as it went." But, in 1969, Nichols' section of land at the top of the canyon was again hit by the weekend riders and Nichols, with the held of the Sheriff's department, put up fences with no trespassing signs. "He hired several reserve deputies and staked out the area," Sgt. Austin continues, "but since it was late in the year and snow was almost upon us, nobody came near the fence so Nichols left_for the wjnter." . . According to Austin, Nichols returned to his property in late March (although it may have been sooner) and found his fences had been torn down and his property littered with a great deal of'trash.. "It was t)1en J:h'!t Nichols became very concerned about whatwas happenjng," Austin adds, Hand so he asked me what he could do about it. I could only suggest putting up another fence since it takes me about an hour to reach th e area from town." Bean Canyon, although only approximately 20 miles from Tehachapi by road, has as its only access a narrow and rough-winding dirt road which is passable only at about 5-ten miles per hour by car. "Nichols also hired several reserve deputi-es on a part-time, irreguJar basis to survey the individuals coming into the area," the sergeant continues. "He was under the impression that most of • • the riders were from around this area, which he found was not the case. "Then, after some bad experiences with a few of the riders after having taken these surveys, he asked me what he could do to get these motorcyclists off his property. Two months ago, he filed the compiUint." The 150 riders have since been sent letters from the current judge in charge of the case, William L. Woods, which state the charge of trespassing and sel] the bail at $65 if the person does not wish to appear. "'However," states Austin, "if the person does appear, his bail will be cut to $35 because the judge feels they will lose the other $30 in wages lost and traveling expenses_ "I must add that if they pleade not-guilty, it will cost them more because they will pay the costs for a lawyer, a prosecutor, and a jury (if they wan t a jury trial). Much of the comments the Sheriff's department has received since the issuance of the letters (which took the place of warrants which would have resulted in the arrest of the 150 riders automatically and without warning) has been the method of receiving the plain tiffs' names. "Under the guise of a survey," states one of the 150, "I believe they made me testify against myself; they never stated my rights as a citizen." In reaction to this, Sgt. Austin is rather stern. "Every person is required to give an officer his name, address and age. If he refuses, that becomes grounds for suspicion and the person' is subject to arrest and heing put in jail for 24 . hours. "All I can say is if their only complaint is in regards to how their names were taken, then they know they are guilty and were in the wrong and are only looking for a way out - they're nit-picking. " The Bureau of Land Management (BLM) states there is public lands in the Bean Canyon area, but the land is entirely surrounded by private property. With this the case, even if a person is stopped while riding on the public land, he is still guilty of trespassing because he had to have crossed private land to reach this area. (This is the first' of a two-part series reporting the incidents leading up to the present situation occurring in Bean Canyon area_ Those people who have received a letter from Kern County in reference to the charge of trespassing should contact Doug Johns for help or assistance. He can be reached at (714) 870-1380 during the day and (714) 528-0046 during the evening.) W ...J U >- a saga of uncertainty Sgt. Ben Austin points out one reason landowners have a growing concern over their property. This barbed-wire fence was up less than one week before it was cut apart by wire cutters. The BLM nas a group of special return the way they had come or, if agents known as Access Specialists who they were running low on gas, to take a~e at this time, says a BLM spokesman, the shortest course back. But, allowing attempting to secure a route of access so them to continue riding on the private that the riders can legally get to the property, I believe, is not true." public rand areas. AJso, in mid-March (after the surveys However, untiJ that time, says Sgt. began being taken) Skip Clark's Cycle Austin, "Bean Canyon is closed to all City sponsored a "Fun Enduro" in the forms of vehicles and trespassing can Bean Canyon area without any ill lead to more issuing of warrants." effects. Based upon Sgt. Austin's statements, Nearly every rider has said that at the several unusual instances' have been time they were surveyed (a vast uncovered. majority occurred in April) they did Dot - As the sergeant reports, Nichols did see any signs or fences so they did not not return until late March (this is an know the land was closed. estima te) to find h is fences torn down Just recently, more survey cards are and his porperty littered with trash. It beginning to appear in the Bean Canyon was after that that he began hiring area, but they are not supplied by reserve deputies to take the surveys.NichoJs. Instead, another land owner, However, several of the 150 riders were Bob Monroe, has asked the shefiffs ne issued their letters_ for riding in the area has hired to obtain the information. before Nichols supposedly returned Last weekend alone, 56 cards were filled several were dated in mid-February. out. This was the same weekend Nichols One in particular, a Mr. Williamson, had again reposted his land and fenced part of it off. states he was stopped by a reserve deputy, "who was hunting on the Less than a week later, the fence was property with Nichols' permission so cu t down, several signs torn off tre'es long as he conducted a survey. He said it and others on stands were uprooted. was OK to continue to ride." Whether these surveys will be used as This report was validated by several e\ddence if Monroe decided to file a other riders. compiaint is not known at this time; In reply, Sgt. Austin, who is one of however, the possibility is there, as the two sheriffs patroling the area of 579 tension in Bean Canyon continues to square miles within -which Bean Canyon grow. (Next- we,e.k:· THE EFFECT OF lies, concluded, "I cannot- believe an BEAN CANYON, a report on whit may officer would alJow these individuals to happen to th.e motorcycle industry continue to break the law. They did, based upon what is happening at Bean .canyon.) however, tell the riders that they could ~ appearently were too much for ~ w Z U ot<_ Seven foot polls driven someone to dismantle. is. ., III A new sign put up by Sgt. Austin and landowner Roger Nichols only a week earlier was found tossed out of sight under a near-by tree some 15 feet from its polL

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