Bad news in Minnesota on MX noise

[oldguy]

I took this from the wisconsinmx.com site as it was posted by motobill

Over on the www.cwira.com board this memo from a Minnesota lawer was recently posted. As you read this remember that the "contact" information refers to MINNESOTA:


"Attorney at Law
1150 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN 55431

(952) 944-5150
FAX (952) 944-5087
website: www.brandenhofflaw.com
E-mail: [email protected]

May 5, 2006
URGENT - TRACK UNDER ASSAULT - ANY MINNESOTA TRACK COULD BE NEXT
Dear Track Owner or Promoter:
YOUR HELP IS NEEDED TO PROTECT YOUR RACE TRACK!

The first shot in an assault on Minnesota race tracks was fired this week.

A lawsuit was initiated against Deer Creek Speedway, Spring Valley, Minnesota, by a group of neighbors regarding race track noise, dust and other environmental issues.

Without corrective or protective legislation, all other Minnesota race tracks, in somewhat of a domino effect, could be faced with similar lawsuits in the future.

Because of a recent court case, ALL MINNESOTA RACE TRACKS, although most are currently exempt from the state noise standards, ARE STILL SUBJECT TO POTENTIAL CIVIL LAWSUITS for noise, as a common law nuisance, or as a violation of the Minnesota Environmental Rights Act.

PROPOSED LEGISLATION WOULD PROTECT ALL MINNESOTA RACE TRACKS FROM SUCH POTENTIAL LAWSUITS:

Proposed Amendments to Minnesota Statutes, Section 116.07, Subdivision 2a, modify the exemptions to noise standards, in the following manner:

1. Change the exemption date from July l, 1983 to July 1, 1996, which expands the race tracks that are exempt from the state noise standards to all Minnesota race tracks.

2. Under amended language in the House bill, “motor vehicle race events”, that are exempt from state noise standards, would also be exempt from private lawsuits under Section 561.01 and Chapters 116B and 116D.

House File 3496 has passed out of two committee and will go to the House floor for a vote.

Senate File 3422 has not been granted a hearing in the Senate. In order to get the contents of this legislation considered in the Senate, and in an eventual conference committee, it is necessary to lobby and pressure the Senate to have the language of the bill inserted or added to another bill in the Senate as an amendment.

PLEASE ACT NOW - CONTACT SENATOR DEAN JOHNSON, AND YOUR SENATOR AND REPRESENTATIVE, as follows:

1. Contact DFL Senate Majority Leader Dean Johnson and request that Senate File 3422 be considered and inserted or added to another Senate bill by amendment. Senator Johnson can be reached as follows: [email protected]

OR at 651-296-3826

2. Contact your Senator and Representative to seek their support for considering Senate File 3422 and inserting or adding it to another Senate bill by amendment.

Information on determining and contacting you Senator and Representative, as well as obtaining additional information regarding the contents and status of the two bills, can be found on the Minnesota Legislature web site: http://www.leg.state.mn.us/ (Click on “Who represents me” on the home page) (OR click on House or Senate and locate your legislator) OR Senate 651-296-0504 House 651-296-2146

If you have questions, please e- mail or call me at 952-944-5150.

Jerry Brandenhoff "


I did a little checking on this track and it's not some little place. the tracks web site is http://www.deercreekspeedway.com and it's located in the Southeast corner of Minnesota - kinda like Millville.

 

[Wolf]

....and coming to a neighborhood near you.
This really sucks. They just keep suing and shutting down tracks.
In Darien, WI (which is about 15 minutes south from where I live, they just passed an ordinance to prohibit operation of ATVs on your own property, and they did it without anyone finding out about it until it was too late. What a bleeping load of crap.

 

[robwbright]

My local track has a unique situation. It's built on the County Fairgrounds and the County Commission gets a large cut of the take. Thus, they make about $1500.00 per event for the County.

There have been noise complaints and an official hearing. The Commissioner of the track told me off the record that as long as the track is making the County that much money, they won't be shutting it down - regardless of complaints. Such is the nature of a democracy. It gets shut down if there are noise/dust complaints and the government isn’t getting enough of a “payoff”.

The complaint about tracks getting shut down is an example of the weak point in democracy - and was predicted by the Founding Fathers (who actually hated pure democracies and created a constitutional republic instead)

For example:

“A Democracy will vote away its rights.” Ben Franklin

“A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine.” Thomas Jefferson

It is nice to see that there has been legislation proposed to protect the tracks, but it will be interesting to see if there is enough of a lobbying contingent for the tracks to get it passed.

 

[wanaride]

Don't count on it. The AMA and others had a reasonable compromise worked out in Riverside County CA, and the commissioners there voted it down anyway despite intense lobbying by moto heavyweights and passionate landowners/riders.

 

[oldfrt613]

There are more of "them" than "us", eventually we are all screwed pooches. Our only hope is to expand the sport.

 

[weez440]

this is minnesota and well I HATE IT first they are taking away all the leisure trails to take my atv and dirtbike on now they are taking away the tracks to play on. i've had it with this crap other then fishing what in the hell are we supposed to do for fun? when i get home from a long hard honest day of work nothing relaxes me more then atving and riding my dirtbike so they can take that crap and shove it up their butt i will make my own track if they take any of the ones i ride on away and there is no way in hell they can stop me from riding on my track on my land that i pay the taxes on.

 

[oldfrt613]

Want to bet -

Get involved, contact the people suggested and have everyone you know do so too

United we stand ...........

 

[oldfrt613]

We just had a neat local track close near us. It even had lights, with open practice on Friday nights - really cool riding under the lights after work. There was no legal grounds ( though the neighbors tried ) their noise complaints were unfounded by the local board ( even took db readings at the boundaries ), but the owner/operator shut down anyhow. He just decided it wasn't worth the agrivation, intimidation or threats of the complaining neighbors. The one who yells the loudest always seems to win. Not everyone is hard headed or able to stand on their own - help those who need the help, let them know we support what they are trying to do, maybe then we can keep our riding places. Sitting back wait until happens to you will make it too late. Right now the other side seems to be gaining momentum, we need to do something to swing it the other way. While some guys think its cool to rip wheelies up the street ( yes in my youth I was silly too ) it only serves to piss people off. Let younger guys know when they're being irresponsible. We need to be responsible and considerate as well as stand our ground. I am fortunate enough to have my own ground and race track to ride on. We don't ride late or start early in the morning. I have lots of visitors. I won't hesitate to send someone packing who is irrisponsible, has a loud bike or rides on the road which borders my north side. I help my neighbors whenever I can. I have no issues with my neighbors.

 

[weez440]

i was in a town nearby on saturday at a bar b q and i was sick to my stomache watching guys not maybe 100 yards away on the dirtbike track and i sooooo wanted to be out there in the worst way but you know how women are. so anyways i am there enjoying myself and watching these guys then one of the guys that lives there is doing nothing bout complaining about the dirtbikes. well every friday night on the other side of town he is racing race car creating all kinds of noise till abou 10 at night. so why is this ok but dirtbikes aren't? and then a guy i work with lives about 200 yards from this same track and he does nothing but complain about dirtbikes. is it because people are unhappy that they want other people to be unhappy to? dunno just hate this state it is becoming to restrictive and i am getting to the point of giving up cause i have been fighting this battle for to long.

 

[biglou]

is it because people are unhappy that they want other people to be unhappy to?

Pretty much. You'd be surprised at how many people have nothing better to do.

 

[oldfrt613]

Misery loves company

 

[Butcher-Boy]

I fear that I must contribute to this thread. I too live in minnesota and it sickens me to now have to travel way up north just to ride my bike. All my old stomping grounds have fallen victom to housing developments filled with mindless, missguided people who do nothing but work, go home, watch tv and pay overwhelming bills. What I believe the problem is is that life has become way to conveiniant for most people. It's people that have everything at their fingertips and nothing else to do but complain just to get a little drama in their lives.

While most of us are busy having fun, These poor slobs have no idea of what fun is and I sorta feel sorry for them that they were brought up that way. We need to recruit more people into this beloved sport because power is indeed in numbers.