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Judge Dismisses Lawsuit Seeking To End Rallies In Arkansas

FAYETTEVILLE -- A federal lawsuit over loud motorcycles at local rallies has been dismissed for lack of standing.

Ricky Dale Holtsclaw of Uniontown, a former Texas cop, sued the mayors and police chiefs of Fayetteville and Fort Smith in U.S. District Court in Fort Smith. The lawsuit named Sandy Sanders, mayor of Fort Smith; and Kevin Lindsey, police chief. It also named Fayetteville Mayor Lioneld Jordan and Police Chief Greg Tabor.

Holtsclaw wasn't represented by an attorney.

The lawsuit contended noise laws are being violated by the use of loud, aftermarket or modified exhaust systems on motorcycles and nothing is being done to stop it because the defendants and their cities benefit financially from not enforcing the law.

The lawsuit sought $500,000 from each defendant and an injunction to terminate all motorcycle rallies in the state until a policy is in place to protect the public from "the audible assault perpetuated by illegally equipped, illegally loud motorcycles."

Holtsclaw also said he wanted a state law to require quieter mufflers on motorcycles; city noise ordinances enforced at all rallies, and Arkansas State Police to monitor rallies to make sure local officials enforce noise ordinances, according to the lawsuit.

U.S. District Judge P.K. Holmes dismissed the lawsuit July 20 with prejudice, meaning it cannot be filed again.

Holmes, in his opinion and order, said Holtsclaw failed to state a plausible claim and, as a private citizen, Holtsclaw has no judicially cognizable interest in the prosecution or non prosecution of others by authorities.

"Because Holtsclaw was not subject to any prosecution and only seeks to challenge the decision not to prosecute other individuals, the court finds that he lacks standing to bring his claims." Holmes wrote.

Holtsclaw lives some 30 to 40 miles from Fayetteville in a very rural area in Crawford County, according to Fayetteville City Attorney Kit Williams

Bikes, Blues & BBQ has been held each fall for 17 years. Fort Smith hosts the Steel Horse Rally in April.

 



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