==========================================================

This e-mail newsletter is distributed by:
New York State Off-Highway Recreational Vehicle Assn., Inc.
PO Box 338
Ravena, NY 12143-0338

Please copy and distribute to all interested parties. Your participation affects the quality of this newsletter: Please submit your pertinent material for inclusion in subsequent issues.

Editor: Alex Ernst, aernst@albany.net

Our Official Homepage is located at http://www.nysorva.org

An index of past newsletter issues is available at http://www.nysorva.org/news/newslist.htm

To request an addition to or removal from the list, e-mail aernst@albany.net listing name and e-mail address.

==========================================================

SUBJECTS FOR THIS NEWSLETTER ARE:

1: ATV Raffle Drawing August 29 at Broome-Tioga MX
2: SATRA Needs MX Volunteers at Broome-Tioga MX
3: Franklin County Adopts Trail Fund Support Resolution
4: Letter of the Month (to DEC)
5: EATV News Subsides
6: Wayne County Dual Sport Announced
7: Motorcycle Summit to be Broadcast Via Internet Radio
8: NYSSA News
9: Horicon Town Board Contests ATV Law

==========================================================

1) ATV RAFFLE DRAWING

The NYSORVA Honda TRX450es ATV Raffle program is drawing to a close and the winning ticket is expected to be drawn, August 29, 1999. We are hoping for a final opportunity to sell tickets prior to the drawing, at the AMA/Suzuki National MX, Broome-Tioga Sports Center, contingent upon the race-day approval of the track management.

The money raised by NYSORVA through the direct sales of tickets, and through co-op sales by NYSORVA member-clubs, will be used to further the cause of bettering the OHV environment in New York State. The generosity of raffle patrons will help pay for continued work in spreading the word about NYSORVA, and in educating citizens and politicians about the ATV Trail Funding Bills and other issues pertinent to the viability of ATV and trail bike recreation in the state.

We look forward to announcing the raffle winner in the next newsletter.

2) VOLUNTEERS NEEDED TO FLAG BROOME-TIOGA MX

Bob Frost of Syracuse Area Trail Riders asked us to put out the word that volunteers are needed to flag the track on August 29 at Broome-Tioga MX Park, for the Suzuki/AMA National Motocross series races. Directions to the event location are available at http://www.broome-tioga.com/directions.htm.

Please contact Bob as soon as possible to register your intent to help, and to get the details on camping, dates/times, etc. His e-mail is rfrost1@twcny.rr.com or call 315-682-5191.

NYSORVA apologizes for the last-minute nature of this request.

3) FRANKLIN COUNTY ADOPTS RESOLUTION

In July, NYSORVA’s government-relations attorney authored a draft resolution and forwarded copies of the text to 53 County Legislatures across New York. The resolution was proposed to the legislative bodies as a way for counties to express their support to the State Legislature for the passage of ATV trail fund legislative bills A1060/S632. (For more information on these bills, please see http://www.nysorva.org/bills98.htm.)

In a recent letter from the Franklin County Legislature, we were informed that the county has already adopted a resolution in support of the bills as they recognize the significance of OHV activity in the lives of the county’s citizens. This makes Franklin the FIRST to adopt such resolution.

The final resolution the county adopted was very similar to the suggested draft. However, the Franklin Co. Legislature was so eager to move on the issue that they started work on the resolution before they even received the draft from NYSORVA.

We express our great appreciation to the honorable members of the Franklin County Legislature and applaud the members for recognizing the importance of ATV and trail bike recreation and its benefits to the county.

We hope that other county legislatures will follow this example and resolve their support of A1060/S632. You can help this happen by contacting your area’s county legislative representative and asking for your county to adopt the resolution. Contact us if you would like a copy of the draft resolution to share with your representative. We will e-mail, mail or fax it to you at your request. Contact us at aernst@albany.net, fax 518-756-3366, phone 518-756-3366.

4) LETTER OF THE MONTH

Below is a letter composed by dedicated motorcycle trail rider and active Wayne County MC member Matt Ryder. It was a response directed via e-mail to a Dept. of Environmental Conservation employee who contacted him regarding riding on public lands. Matt has done an exceptional job of arguing his positions, such that reflect many riders’ sentiments, assembling them cohesively. We applaud Mr. Ryder and encourage everyone to follow his example knowing that communicating with various officials CAN make a difference. Matt’s letter follows:

- - - - - - - -

". . . I'm sorry that your position is not one that would have any influence on getting ATV Trails on public land. However, if you ever get the chance to talk to any of your co-workers who do have any influence in this area, here are some points that I'd like you and your colleagues to consider:

1. With an estimated [200,000] plus ATVs and dirt bikes, in New York State, keeping all of them off of public land is an impossible task. So why not manage their activity rather than trying to eliminate it? If certain portions of state land were made available for off-road recreation, I'm sure that off-road recreation in areas non-designated for off-road recreation would decrease substantially. It is my opinion that the majority illegal trespassing by off-roaders, on state land, takes place simply because of a lack of places to ride.

It is also my opinion that the majority of ATVers and Dirt Bikers are outdoor enthusiast and environmentally concerned. We do not want to ride everywhere and anywhere. We believe that certain portions of public land should be designated for wildlife refuges, hunting, hiking, etc. Besides we don't want to ride on prime property. Give us your remote, ugly, and hilly land. That's what we like.

2. Designate land for ATVs that is unlikely to suffer any environmental impact.

3. If and when land is designated for ATVs, have a set, mapped, and marked trail system. Also, require operators to stay on the trails.

4. If and when land is designated for ATVs, have set hours of operation (i.e. dusk to dawn).

5. If and when land is designated for ATVs, require operators to wear helmets.

6. If and when land is designated for ATVs, close the trail system during certain hunting seasons and during wet seasons (to minimize environmental impact, if any).

7. If and when land is designated for ATVs, require the machines to meet a sound test requirement and be registered with the state.

8. Enforce items 3 through 7, by issuing fines, court appearances, and impounding machines. Also, items 1 through 7 have worked very well for neighboring states.

9. ATV trails made available on public land are eligible for Federal Government grants to create, maintain, and police them.

10. In other states, ATV trail systems have had a very positive effect on rural economies.

Thanks, for taking the time to read this."

Matt Ryder
WCMC member
http://www.satra.org

- - - - - - - -

Thanks, Matt, for taking the time to express yourself. Your words are the chisel that chips away at the stone that is ignorance of the value of OHV activity in our state.

5) EASTERN ATV & OFFROAD NEWS CLOSES DOWN

This comes to us from Dale Wagatha, publisher of the EATV newspaper:

"I deeply regret that I have to announce the discontinuation of the paper [due to personal matters] . . . with all that's going on, there's no time available to produce the paper or attend events."

"We want to thank everyone who supported us and the paper, and hopefully our paths will cross again. We surely want to return to the sport we love so much."

Sincerely,
Dale R. Wagatha
Eastern ATV & Off-Road Rider News

[We have no information regarding obligations of the paper to advertisers or subscribers.]

6) WAYNE COUNTY MC DUAL-SPORT RIDE

The Wayne County Motorcycle Club has scheduled a Dual Sport Ride for October 3rd, which is to be held in the Newark/Fairville area of New York State.

The ride has been described to us as a challenging, trail-oriented ride run concurrently with the club Enduro the same day. "Whiners should stay home" we are told, and you should don your full knobbies for this event.

For information about the ride, please contact club member Matt Ryder at mtr6656@rit.edu. For more information about Wayne County Motorcycle Club, contact John Hamelinck, PO Box 143, Newark 14513, Phone: 716-234-2760, E-mail: malcolm@redsuspenders.com. [Club Type: ATV/MC/E/D/HS ("All forms of motorcycling, ATVs welcome!") Founded 1935.]

7) NATIONAL SUMMIT BROADCAST OVER INTERNET RADIO

This comes to us thanks to INBRadio:

Phoenix, AZ - - Leaders of national motorcycle organizations representing over a half million motorcyclists as well as representatives from manufacturers and trade publications will convene September 17-18, 1999 in Phoenix, Arizona for the 2nd annual National Motorcycle Organizations Leadership Summit (NMOLS). This free, two-day event, co-hosted by Gold Wing Road Riders Association (GWRRA) and the American Motorcyclist Association (AMA), provides a rare opportunity to bring together motorcycle organization leaders from across the U.S. and Canada to address the common issues and trends that affect their respective motorcycle communities.

This years summit will be broadcast live, worldwide, via internet radio. Any on-line computer will be able to access and attend the sessions here in Phoenix from anywhere in the world. On-line coverage for the summit is being provided by INBRadio, the internet radio motorcycle network and can be tuned into at www.inbradio.com. [http://www.inbradio.com/summit.html]

Nineteen organizations participated in the first Summit held in Columbus, Ohio last July. More than sixty organizations are being invited to participate this year. Presentations and panel discussions will include the following:

To register or for sponsorship information for the 2nd NMOLS, please call GWRRA at (800) 843-9460, ext. 215.

8) NYSSA NEWS

Thanks as always to Jim Jennings, Director Hamilton County for NYS Snowmobile Association for the following news bulletin:

LEGISLATION: It's possible Assemblyman Tokasz will conduct a public hearing concerning the [snowmobile] trail fund bill (A5931). To make sure this occurs please contact Assemblyman Paul A. Tokasz, NYS Assembly, Room 716-LOB, Albany NY 12248 or call 518 455-4618. Fax 518 455-5576, email tokasz@assembly.state.ny.us. His home district phone # is 716 852-2791, fax 716 852 2794 and tell him you support bill # 5931. This is the bill which raises registration from $15 to $35. $30 of the registration will be dedicated to the snowmobile trail fund.

SNOWMOBILE DEFENSE FUND: NYSSA is considering setting up a fund to combat groups such as the Blue Water Network. This group is responsible for the closing of many trails in national and state parks out west to motorized recreational users. They have been distorting facts about snowmobiling. PLEASE DON'T THINK IT CAN'T HAPPEN HERE. What can you do? JOIN A CLUB & JOIN THE STATE ASSOCIATION.

BIG EAST SNOWMOBILE SHOW: This show will run from September 17-19 in Syracuse at the OnCenter. NYSSA needs volunteers to help at this show. If interested please contact me.

GRANT IN AID PROGRAM: As it looks now considerable more money will be available to towns and counties this year. According to Vic Wood of OPRHP over $750,000.00 will be available for the 70% payment towns and counties receive. Last year only $538,000.00 was available.

9) HORICON TOWN BOARD CONTESTS ATV LAW

The following is an article from the Post-Star (http://www.poststar.com). Reprinted with permission.

- - Town may contest ATV law - -

By John Gereau
Staff Writer

HORICON -- The Town Board is considering adopting a local law that would challenge the state's ability to regulate the use of all-terrain vehicles on town roads and trails that pass over state forest preserve land.

The law could ultimately set a precedent for the use of all-terrain vehicles on state Forest Preserve land, and the state is closely monitoring the outcome, town officials said.

The local law was formulated after the state Department of Environmental Conservation began issuing tickets to riders of all-terrain vehicles, or ATVs, on roads in the town that pass onto forest preserve lands.

"They've been driving ATVs on these roads for as long as there have been ATVs, but because of the recent attention on motorized access in the forest preserve, the state started enforcing it," explained town Supervisor Ralph W. Bentley.

In response, town officials received complaints from ATV riders and began looking into drafting a local law that would challenge the state's ability to regulate town roads and trails that pass over state forest preserve land.

In essence, the town's argument is that it has the ability to designate highways and public lands open for travel by ATVs through the state's vehicle and traffic laws.

Violations issued to ATV riders in the town were written under state vehicle and traffic laws, Bentley said.

But, in a sternly worded three-page letter, a lawyer representing the DEC told town officials that the town cannot supercede the state's authority over forest preserve land.

The state vehicle and traffic law states that "a municipality by ordinance or local law may designate any appropriate public lands, waters and properties under its jurisdiction as a place open for travel by ATVs."

State DEC attorney Kenneth R. Hamm said the vehicle and traffic statute authorizes the town to open its own lands to ATVs but does not authorize the town to allow ATV use on lands under the jurisdiction of other governmental entities, such as state lands.

"For instance, the statute authorizes the town to open town roads or trails in town parks to ATV use,"Hamm said." The statute does not authorize the town to allow ATV use on lands under the jurisdiction of other governmental entities (such as state lands) which happen to be situated within the town's municipal boundaries."

But that argument is open to interpretation, said David B. Krogmann, the town's attorney.

"There is no existing law designating these roads as open to ATV use, which has given DEC officers the ability to write violations under the vehicle and traffic laws," Bentley said.

A majority of the roadways in question are little-used dirt Jeep trails that have been used for generations by local residents to fish and hunt remote areas in the town, Bentley said.

The proposed local law lists 18 potential roads and Jeep trails to be opened to ATV use, including seven that pass across state forest preserve land.

Those seven include roadways from Padnarum Road to Long Pond; Padnarum Road to Trout Falls Road, Grassville Road to Round Pond, Camp Road to Round Pond, state Route 8 to Lily Pond (known as Lily Pond Road), Round Pond Jeep trail to Buttermilk Pond and Beaver Pond Road to the Culver Field parking area.

Some of the roads, such as Padnarum Road to Long Pond and Lily Pond Road to Buttermilk Pond, are now open to access by four-wheel drive vehicles, but ATVs are not allowed, Bentley said.

"I can drive my four-wheel drive truck into Long Pond and not get a ticket, but the state has been handing out tickets to people on ATVs," Bentley said.

A public hearing, held late last week on the local law, drew a considerable crowd to the Horicon Town Hall, including Horicon residents and advocates of ATV use on public lands.

Some attendees expressed concern over opening the town's paved roads to ATV use, but no one spoke against allowing ATV use on the seven dirt trails that pass over state forest preserve land.

"The state has tried every way they can to shut down these roads that have been open for generations. They are doing it systematically," said Theodore E. Galusha, a disabled Warrensburg resident who has argued for years that the state is denying access to remote Adirondack lands it owns.

"The way they look at it, our votes don't count," Galusha said. " I just want you to know that many of us are behind you. I'm trying to get similar legislation passed in Warrensburg."

Galusha, along with Teena Willard of Wilton and William Searles of Chestertown, sued the state last year, claiming it routinely denies motorized access to people with disabilities while allowing its own employees to travel in motorized vehicles over roads and trails in protected wild forest areas.

The civil rights suit demanded equal treatment for all disabled individuals under the federal Americans with Disabilities law, and argued that federal law should supercede state's rights.

But, on June 23, U.S. District Court Judge Lawrence E. Kahn said that, although the plaintiffs' claims had merit, the state was immune from citizens' lawsuits through the protection of the 11th Amendment to the U.S. Constitution.

Galusha, and Joseph Baum, an attorney for the plaintiffs, are now pursuing further litigation naming Gov. George E. Pataki, state DEC Commissioner John P. Cahill and Adirondack Park Agency Chairman Daniel T. Fitts as the defendants.

In the meantime, environmental groups jumped into the fray in early 1999, filing a cross-claim, suing the state to bar motorized traffic on forest preserve land, arguing it is destructive to the environment.

On Monday, Bentley said it is that ongoing suit that has drawn attention by state DEC officials to the use of motorized vehicles on its public lands.

And both Bentley and Krogmann said state officials are watching the case very intently because of the precedent it would set within other Adirondack municipalities.

"We are in uncharted waters here, and it could turn into huge litigation with huge expenses for the town," Krogmann said.

Last week, the Town Board resolved to leave the public hearing open, accepting written comments at the Town Hall until its next meeting at 7 p.m. Sept. 16.

The board will likely vote on the local law during its Sept. 16 meeting, Bentley said.

If the law is passed, the state could challenge the legality of it through a declaratory judgment, or it could argue the legality of the law through enforcement, if another violation is issued to an ATV rider after the local law is in place, Krogmann said.

"If anybody gets a ticket, fight it, fight it, fight it ... because you'll win," said Roger E. Jones, a Johnsburg resident who said he fought a similar DEC-issued violation and had it tossed out as being without merit.

[Note: NYSORVA reminds readers that it is in no way connected to the Galusha lawsuit, nor does NYSORVA express a position on the matter.]

==========================================================

[Back to News List] [Back to NYSORVA Home Page]