Free Speech and ABATE of Wisconsin

by John Stumpner

The First Amendment to the Constitution of the United States guarantees the people freedom of speech. ABATE of Wisconsin has been using this right on behalf of the motorcyclists of Wisconsin since its beginnings way back in 1974.

In 1966, a law was passed which forced the states to require bikers to wear helmets in order for the states to get their Federal highway funding. Now, be aware that bikers are not opposed to wearing helmets. Many bikers (including many ABATE members) routinely wear helmets while riding. To wear or not to wear a styrofoam lined plastic hat (helmet) should be a personal choice, not required by someone who has never ridden a motorcycle. Not giving the states their highway funding if they didn’t have a helmet law is similar to a parent not giving food to their child unless they clean their room.

The requirement to wear helmets was almost immediately challenged in court. The Outlaws MC of Milwaukee even took the case all the way to the Wisconsin Supreme Court. The Wisconsin Supreme Court however upheld the law in a decision in 1969. This meant that the only way to overturn the helmet laws would be to pass a law changing it. After many years of work by a motorcycle club in Connecticut, among others, in 1976 it was decided Federal highway funding could not be used to force the states to have helmet laws. It was then that the organization that would become ABATE of Wisconsin used their right to free speech to start getting the law changed in Wisconsin.

In early 1977, the Wisconsin State Senate and Legislature began debating repealing the state helmet laws. The leaders of ABATE were ready to exercise freedom of speech and spoke in favor of repealing these laws. Federal bureaucrats showed up with so-called expert witnesses to ask to keep the helmet laws. ABATE was ready and had its own experts, with data and charts and graphs to support them. When the State Senators and Assembly members asked the Federal bureaucrats for their data, they had nothing to back up what they said.

In the fall of 1977, the repeal law was being held up by one of the committee leaders in the State Assembly. To force passage, ABATE again exercised its right to free speech and organized a bike rally to the Capitol. Since its formation, ABATE had organized several “helmet” rallies, but this would top all of them. ABATE leaders organized a massive rally, got all the necessary permits, notified and worked with the police, and got parking and places to stay all in place. Then, on Labor Day weekend in 1977, 50,000 motorcycles rolled in to Madison for a rally at the State Capitol. The State Legislature could not ignore this and in 1978, repealed Wisconsin’s helmet law. (Important note, after the rally, the Capitol grounds were cleaner than before).

As you can see, ABATE has effectively used the right to free speech to insure freedom of the road. To this day, ABATE continues to exercise its First Amendment rights to insure the rights of bikers in Wisconsin.

( For more information about the history of ABATE, read the excellent history written by Tony “Pan” Sanfelipo. Go the ABATE’s web site, abatewis.org, click on the “ABOUT” tab, then click on “History.”)

John