Cycle News - Archive Issues - 1970's

:BEAN' CANYON N N ~ w z W ...J U ~ U "I've since sold my bike, but I've been thinking about buying another one. But, I don't want to buy one if everything's going to be closed down." Ronald David One person issued a citation for riding in Bean Canyon. (This is the second of a two-part series delving into the events occurring in Bean Canyon. Last week was an article reporting the background prior to the issuance of citations to 150 motorcycle riders by Kern County_ This week, we examine the possible effects these citations may have on the industry.) By John Bethea Last June, approximately 500 motorcycle enthusiasts attended a hi gh I y publicized meeting at Melodyland to discuss what could be done to stop the rapid closing of lands to cyclists and how to combat the passage of ordinances prohibiting riding in certain areas without meeting certain specifications. Tom Cosgrove, one of the first motorcycle dealers to recognize the squeeze of the vise being put to the industry, commented at that time, "Nobody's closing any land, but for some strange reason the riding areas are getting smaller and smaller." Quite a bit has happened since that meeting. A 13-acre golf course, planned to De converted into a cycle park by Bob Bailey in Carson, was voted down by that city's planning commission after nearly two months of work and money had been poured 'into it by Bailey, a professional racer and Gardena businessman. Since then, the vote against has been shown apparently to be punishment for refusal by Bailey to pay an alledged bribe to the commissioners. But, the fact stilI remains the park is closed. Ordinances, some loosely written while others more precise, popped up throughout the Southern California area. Al though all were actively opposed by th e citizens affected, each was still passed, including two which should be explained a bit further. The first was in Orange County where the cyclists got somewhat of a break when the board of supervisors added an amendment to their ordinance which stated that the county would seek out and help secure riding areas. However, the county has yet to do anything and the motorcyclist industry is still trying to , For compf,ete .ille information at Valerian's, just call (313) 475-4541* *This number also ,ood for service, parts, ~cle clothing, accessories, eredit and insurance. oo~,~~~~,,~!~!~!,t". get organized to' take advantage of that situation. The other of note was the ordinance passed in the City of Los Angeles where Mayor Sam Yorty vetoed the original ordinance. Many people were surprised and uplifted by this seemingly new alliance with such a powerful political figure. The uplifting was short-lived, however, when the people learned of the mayor's reasons why he had vetoed it; he believe it wasn't 'enforcable. The city council, however, thought otherwise so they over-rode his veto unanimously. Even mo~e interesting to note is that in March, 1969, LA's Parks and "Recreation Commission created a special committee to seek out and obtain private riding areas for cyclists. After nearly 18 months, nothing has been accomplished. Recently, the Los Angeles Police Department brought up this point again when it reported its "Proposals for Future" in which the department stated, "Convenient available property is diminishing in urban areas. Designated areas, private or public operated, would reduce tbe need for enforcement and the negative/expensive involvement of the City of Los Angeles. A positive approach by the City could enhance its image with a large segment of the citizens, participants and complainan ts." But, what has happened recently in Bean Canyon, part of Kern County is much different. Although the countY is in the process of passing an ordinance, no such ordinance exists and the citations issued to 150 riders originally surveyed for riding the trails in Bean Canyon bring to a head a very interesting note. The ordinances are not needed at all if warrants can be issued anyway. What it is coming down to is making Bean Canyon with its subsequent 150 trespassers into a hypothetical test case. It wiD test the trespass laws in California, the right of access to public lands by private citizens and across private posted-or unposted property. The currrent trespass 1aws state a person is guilty if he trespasses with the intent to do or does damage to the private property. Bean Canyon is a test to see whether riding a motorcycle on land does, in fact, do damage to land. Note: A motorcycle" not plural. The 150 citations were not issued to motorcyclists as a group, but to 150 individuals; each is a separate case. Next is the right of access to public lands across private property. Bean Canyon is a test for this as was pointed out last week. Its public land is completely surrounded by privately Hodaka Montelli GrMves Mlttrcycles West.ilst., Sp.,t C,de Guy R. Louis owned land. If a persons's intent is to reach public land, is he guilty of trespassing? Again, by trespass laws, he is if he has committed damage to the property he has passed over. The third test is toward access to posted or un-posted land. Currently the majority of the laws prohibit riding on posted land, but in this case, it is up to the landowner to keep his land posted. Most of the new ordinances being passed stress the uri·posted clause: Even if un-posted, a motorcycle rider must stiU have written permission to ride on the land. Kern County, as said before, has no such ordinance at this time and it doesn't need one if individuals can still be cited for trespassing without it. The third test. We now face what possible effects it may have on the indsutry. If, indeed, the 150 persons receiving the citations are judged guilty, the consequences would be devastating. Motorcycles could be declared illegal because they are judged as doing damage to the ground. Also, it would override the tradition in America that you "cannot rope off the only waterlwle in the desert" or allow a person the right to "just pass through" to get somewhere else. What it all boils down to is this: Motorcycling will never be the same in American as we know it. A person will no longer ride a motorcycle on a dirt road, or even paved, without fear of possibly letting the bike's tires touch private property thereby destroying it and not knowing about it until nearly a year later when he receives either a citation in the mail or a warrant-bearing police officer at his door. It's a very grim pic~ure, but it could happen very easily once the restrictions get a foothold. Each motorcyclist is a victim, but hardest hit is to be the dealers and distributors who make a living in the industry. Nobody wiD b;Jy a motorcycle for fear of being arrested and fined the maximum in cash each time he rides a mini-bike across a vacant lot up up a dirt road. This feeling and fear is already creeping into the motorcycle society. Take, for an example a letter Cycle News received recently from Art Ragnor: "Now that the future of off the road ,,"otorcycling riding is in immediate jeopardy, I wonder how many of om friendly -motorcycle ~ealea, distributors and accessory distributon will rally to the side of the accused riders and the motorcycling cause. .Unless those who are commercially involved in the motorcycle industry take a more active role in assisting the motorcyclist in his fight to maintain reasonable motorcycling legislation, their (the dealers etc.) bread and butter will soon be no more." Or try selling a motorcycle to Ron David, a young man just issued a citation with bail set at $65 for riding in Bean Canyon seven months ago. When you try, be'll probably.say the same thing he said at the beginning of this article. Rlck.. n' lletl..e (114) 893-1051 open monday through saturdoty . .' BIMS and parts available Immediatel,. Deal. inquiries invited. Wlldat Distributor: FRAN K WHEE LER 659 W. Lancaster Blvd., Uncastllr, Ca. (805) 942-2312 7574 Wesbnlnster A.... Westmlnsl., Ca. ·ONLY· ALL NEW MOTORCYCLES SOLD WITH FACTORY WARRANTY Dyno Tuning & Custom Engine Work Steve's BULTACO 7627 Van Nuys Blvd. 780-6300 Penton - Hodaka - BSA~"",,, Yamaha - Norton Husqvarna Nevv & Used Sales Financing & Insurance Available MASTER CHARGES BANK OF AMERICA ) Discount to Ascot Racers Parts-Service & Access. 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