<p>Two moped dealers went to court against the town of Oak Bluffs Friday, seeking an immediate order compelling the town to renew their licenses for the summer season.</p>
Two moped dealers went to court against the town of Oak Bluffs Friday, claiming recent efforts by the selectmen to regulate their businesses violate state law and seeking an immediate order compelling the town to renew their licenses for the summer season.
The Hon. C.J. Moriarty, an associate justice of the superior court, agreed to set a hearing for next Wednesday on the request for a temporary restraining order and preliminary injunction. The hearing is at 3 p.m. in Dukes County superior court.
The complaint filed on behalf of moped company owners Jason Leone and Aguimar Carlos by their attorney Kelly Malone claims the town is acting arbitrarily and selectively in enforcing its moped bylaw, and harming the three town moped rental businesses: Ride-On Mopeds Inc., Island Hoppers and King of Rentals of MV.
Selectmen voted unanimously two weeks ago to deny the three dealerships waivers to a requirement that they have a test rack for training on the premises, leaving their annual license renewals in a state of limbo.
The test track is required under the town bylaw but has never been enforced until now. Selectmen made it clear that they were denying the waivers, not the licenses.
The flurry of court documents was filed Friday afternoon.
The complaint describes the town’s “selective enforcement of an unlawful bylaw that defendants are using as a pretext to deny the renewal of plaintiffs’ licenses to rent mopeds, the result of which is the immediate closure of plaintiffs’ businesses.”
The dealers seek an injunction to prevent the town from enforcing the training track requirement, and from refusing to renew their moped licenses. They also ask for a jury trial on the matter and seek attorneys fees and costs.
Two days before the complaint was filed, the Oak Bluffs selectmen held a meeting to approve written decisions on the moped test track denial, and to formally accept an earlier document from town counsel Ronald H. Rappaport that advised mopeds could not be completely banned but the training track requirement could be enforced.
The complaint filed Friday claims that the town’s actions violate laws which state that moped rentals cannot be banned, and that licenses have long been granted though selectmen were aware moped rental companies were operating without a test track.
It also notes that moped rental dealers have been under a spotlight since last summer, when a visitor was seriously injured in an accident while driving a rented moped.
And it makes pointed reference to the Mopeds Are Dangerous Action Committee, which had filed a formal complaint against the town earlier this year asking the selectmen to declare moped rental licenses null and void.
“In response, and in concert with MADAC and in direct contradiction to its custom and practice, stated intentions and prior actions, as well as [Mass general law], for the first time the selectmen refused to issue waivers to plaintiffs,” the complaint says.
Comments
"unlawful bylaw"? Interesting
Nicole Brisson Edgartown“Selective enforcement of an unlawful bylaw that defendants are using as a pretext to deny the renewal of plaintiffs’ licenses to rent mopeds?" Interesting wording, seeing as Mr. Rebello takes great pains to claim that he was the Selectmen who wrote it back in 2002 when he sat on the OB Board of Selectmen. If the bylaw were "unlawful" I am certain that it would not have been certified by the Attorney General of the State of Massachusetts. Sadly for Mr. Leone and his representative, Mr. Rebello, their argument that the moped dealers were exempted from that bylaw holds no water. Exemptions must be filed at the time the by-law is approved by the Attorney General and no such thing exists. Mr. Rappaport's presentation to the OB Selectmen stated very clearly that the violations presented by the MADAC complaint were superseded by the fact that the Selectmen had been issuing licenses during all that time. He stated very clearly, however, that GOING FORWARD the dealers can be held to the stipulations and requirements of the bylaws. Additionally, "for the first time the selectmen refused to issue waivers to plaintiffs,” is an erroneous statement. It has been proven that no mention nor any written proof of a waiver being granted appears anywhere in the Town's licensing documentation. It is a shame that Mr. Leone and his representatives have not been doing more to work with the Town to change their moped businesses into other kinds of businesses (the rental of Smart cars or the like - environmentally-friendly vehicles that would make them look like they actually care about our community, for example). IF, for some unlikely reason, the moped dealers are allowed to open, the stringent safety requirements that have been written into the by-laws at Town Meeting in April, and which were agreed upon by Mr. Leone and Mr. Aguiar at a working group held by the OB Police Chief, must be enforced (i.e. weighing riders and their belongings so as not to exceed the legal weight limit of the vehicles (335 pounds, reading, initialing and signing a stringent risk information form, etc. ). If the business cannot comply with laws that have now been brought to light and held up for enforcement, then there is no violation of state law nor a prohibition.
With the possibility that my
Penny WongWith the possibility that my husband might lose his livelihood, the least you could do, Ms Brisson, is get his name correct. It is Aguimar Carlos. Thank you
You beat me to it, Ms. Wong..
Marianne Burbank Canton, CTYou beat me to it, Ms. Wong... I noticed also the complete mangling of your husband, Mr. Carlos' name. He and his co-owner, Mr. Leone are being railroaded and have my sympathy.
Nicole may have spelled his
Kevin McMann VineyardNicole may have spelled his name wrong, but her points are valid. Buggy whips went away and I'm sure a lot of buggy whip makers and sellers had to adjust. So, too, must your husband. Read Nicole's words closely. She has very valid ideas on how your husband can prosper going forward.
My apologies. I know very
Nicole Brisson EdgartownMy apologies. I know very well what your husband's name is and am not personally attacking him. I'm sure he is a good man. MADAC came before the OB BOS EIGHT MONTHS AGO, and the safety issues for mopeds has been around since your husband has been working and then owning the business. We are merely requesting that it be safety of our roads and community first. ENFORCEMENT SAVES LIVES.
I do not find either Ms.
Marianne Burbank Canton, CTI do not find either Ms. Brisson's or Mr. McMann's responses to be sincere. Ms. Brisson has claimed not to be attacking Mr. Carlos and said that she is sure he is a good man . Yet she did attack him in her original comment, insinuating he did not care about the community. Both Ms. Brisson and Mr. McMann seem to think that Mr. Carlos and Mr. Leone should and could just switch their moped rental business over to another business and they give smart cars as an example. Do Ms. Brisson and Mr. McMann really believe that one just snaps one's fingers and then one magically own a fleet of smart cars? It appears that the good people of OB who are trying to ban moped rentals altogether are not living in reality, in a number of ways.... as very well described by a commenter below who discusses the risks of numerous activities on the island.
Penny, a girl lost her leg
JudyPenny, a girl lost her leg and you are worried about your livelihood?
Should be a quick hearing,
BillyB OBShould be a quick hearing, going something like this:
Judge: I've read your complaint. One question - do you have a test track?
Moped Lawyer: Our clients do not, but....
Judge: Case dismissed.
It is my understanding that
Sara Crafts Oak BluffsIt is my understanding that there is land available adjacent to one of the moped rental sites that would be large enough for a test track, if the owner(s) would or could rent it. Myself, I am known to tell tourists on mopeds that people have died or been badly injured on mopeds here, which news usually comes as a fair shock to them. There is nothing redeeming in the moped business, and Mr. Rebello (who wrote the law) and his clients should be, as commented above eloquently by Ms. Brisson, turning their sights (and sites) into renting smart cars and stop being so offended that the laws are finally actually being upheld.
How could you possibly
Jane D Rhode IslandHow could you possibly mislead tourists in such a way. To convince someone visiting our great island that one of it's biggest attractions, riding mopeds, is more life threatening than the alternative. Is wrong. Just like anything else you could try on this island, you can get hurt and you could die. From driving in cars(especially the smart ones), and riding jet skis or boats to eating a bad bit of sushi; you. could. die. But you just don't go around telling strangers this morbid fact. It is our human nature to tell ourselves everyday we are invincible and so we are able to go out into our dangerous world and do the things we have to do. Although every minute of that day we are as likely to die in a freak accident as a moped. For comparison, 450 people die annually due to just falling out of bed, which is significantly higher than the amount of moped incidents we have had on this island in the past 15 years. So I ask, would you tell people not to sleep in their bed because of their potential to get hurt and rather they sleep on the floor? Along with this, if we did act as so, and we all slept on the floor rather than beds, what would be of the mattress sales man. He would have no customers, no money to make, no livelihood to uphold, he would be in major trouble. Nevertheless, this would not happen, we as people would not live our lives in such fear. It would be ridiculous and unnecessary, you just as well should live in a bubble. You would not do this to the mattress sales man, so why do it to the moped rentals.
Jane D, I struggle with your
Mike N NHJane D, I struggle with your logic. The old "you could die in any number of ways today" argument is thin. Moped renters are vulnerable, uninformed, and unskilled. We can pretend we live in a libertarian society where anything goes, but that's not the case, and I'm glad for it. Could you imagine if a bungee jump operator said "we only had one fatality last summer." That business would be closed down immediately. Don't blame the moped accidents on other drivers or other circumstances. These companies are putting these mopeds on the roads, and people are getting hurt and killed. It's entertainment they are selling, just like bungee jumps, scuba companies, balloon rides, whatever. It's gotta be safe, or it shuts down. Period. As for the chance I might die today, I'll take my chances and sleep in my bed tonight, no guard rails. But I would never get on a moped on the island.
While you're not wrong that
readerWhile you're not wrong that many activities are dangerous, and yet we as people still partake in them, your assertion that riding mopeds is not inherently more dangerous is wrong. Mopeds offer no safety features in the event of a vehicle collision. Rental companies make no effort to ensure that riders are outfitted with appropriately safe clothing, the roadways here on the island lend themselves greatly to the measure of danger associated with the activity, and if you cared to know, Oak Bluffs was at one point known to be the most dangerous city/town in the state when it came to moped accidents. I also tell people that they are engaged in dangerous and possibly life-threatening activity when on a moped, especially when riding with a passenger; but I say the same thing to myself when I choose to ride my motorcycle, and have been on the receiving end of that very danger when I have been involved in collisions. The difference between me and a moped rider is that I ride these roads often and have many years of riding experience, while they have likely never been on a two-wheeled vehicle since giving up bicycles as a child. I don't say this to be demeaning or condescending, only to illustrate why the activity is as dangerous as other commenters have stated.
You don't know anything about
EdYou don't know anything about this island if you consider moped riding to be one of its greatest attractions.
Maybe the Scooter renters
Daniel Phelan Oak BluffsMaybe the Scooter renters should go with a better vehicle. Something faster and safer. Three wheeled Spider trikes like I've seen in San Francisco come to mind. The scooters are janky and slow.
Daniel, those Spider trikes
Carol Lampson formerly ChilmarkDaniel, those Spider trikes are only on the Embarcadero; are not for rent, only operated by drivers; and can't turn well at all. They're risking in SF, which is less congested than MVY. There are buses on MVY now; people should use those.
I worked in SF for years and
Daniel Phelan Oak BluffsI worked in SF for years and I'll tell you with no uncertainty that those trikes were rented (they have "rent me" plastered on them) and navigate the busy streets and hills of SF with relative ease. Also....SF is insanely more congested then MV. Maybe you are thinking of a different SF? ;)
Wow!! I can't imagine this is
Chris Klein EdgartownWow!! I can't imagine this is happening... let's spend time on drugs and the drug dealers we all know and not mopeds.
Chris, I invite you to start
Nicole Brisson EdgartownChris, I invite you to start an initiative with other concerned citizens to do that! It takes hours of research and lobbying the police departments and Selectmen and garnering what is already there, which is the public's wish for change to save lives. If anything, MADAC's persistence, perseverance, and new way of looking at this little nag-standing safety issue has brought about change for the community. If we can do it, then others can as well. It is hard work - and it can become almost a full-time job.. You also have to keep going until you see change happening.
why not both problems? Is it
readerwhy not both problems? Is it really so impossible to focus on more than one problem at a time? Is this not the role of local government: to address to issues raised by the members of the community?
Has anyone ever mentioned
Ken Edg.Has anyone ever mentioned restricting mopeds to driver only and no passengers...never heard a thing.
I've been on the side of
BJI've been on the side of bannning mopeds up until the last few days. READING comments here and on facebook appear to be taking on a negative narative. I believe this effort is asking to much of the courts to remedy. Attacking any business owner for defending his or her livlihood is not gonna win the day.
I've said this before and I
Sara Piazza EdgartownI've said this before and I'll say it again: mopeds are not the problem. The combination of narrow roads, speeding automobiles (with little to no enforcement), and the attitude that the car is king and everybody had better get out of the way so that I can continue to drive unencumbered. I'm all for safety and better training, but there are so many other factors here. How about slowing down and sharing the roads? How about some education by way of flyers and one big sign at the ferry terminals advising visitors of the speed limits (and enforcing them!) and the fact that island roads are narrow and share the road and don't cross the yellow line, and slow the hell down? This campaign, in my opinion, is quite simply a witch hunt, with the goal of getting the annoying moped off the roads and out of the way. I'd rather ban the speeding cars, trucks, and buses.
I agree that our roads are
Peter Simon ChilmarkI agree that our roads are precarious. But I find that the average driver here on MV is more patient and considerate than those I contend with in New York, New Jersey and even Boston! The reason mopeds create a particular problem is that they go fast enough to make it difficult to pass them, as opposed to cyclists and joggers. And I do think they are dangerous. In Bermuda they are welcomed and and an accepted way to travel, but there are many fewer cars allowed there, and speed limits are very low. I think the moped dealers here should be given a sur charge to pay for all the extra EMT and emergency room times that are involved. I have friends of friends who have been in terrible accidents through the years. Every summer I drive past at least three gut wrenching accidents, particularly Up Island. Our roadside shoulders are sketchy and sometimes rutted and sandy. As much as I think that people deserve to earn a decent living, I personally couldn't sleep at night knowing I was profiting off a potentially hazardous occupation.
Is there a middle ground?
Rob Burnside Kingston, PAIs there a middle ground? Couldn't the mopeds be phased out over a period of time, say three to five years, with early compliance incentivised by pro-rated compensation for the business owner? "All or none" hasn't worked for anyone.
Rob Burnside, in my very
Nicole Brisson EdgartownRob Burnside, in my very first meeting with the OB Town Administratot I brought up the possibility of the Selectmen granting him a sunset clause, thereby ending the argument that I and MADAC were aiming to put the moped dealers out of business. The OB BOS chose the route they took, and dragged their feet to find a resolution, so here we are. Regardless, instead of accusing MADAC of trying to put them out of business, if the moped dealers were committed to adhering to the existing laws and making their "2.2 million dollar business" viable under the enforcement of such laws, everything might be different. As a comment mentions above, perhaps he could rent an off-site location with shuttles and increase prices. When your livelihood is at stake you need to figure out alternatives. Even if that were to happen, the safety measures included in the revision to the bylaw must be respected and enforced, one of which is the maximum weight limit which will, in many cases, limit ridership to one person per vehicle. The moped dealers are not victims. We know who the victims are.
Thanks for your illuminating
Rob Burnside Kingston, PAThanks for your illuminating response, Nicole. I'm "from away," only see the Vineyard in September, and truly have no call to intrude as I have. Still, I can't help wondering how the ship will be righted without teamwork (compromise across the board). It also makes me curious about the time when horses and early autos shared the road. Are there parallels and how were conflicts resolved? Finally, how does law enforcement feel about all this? Pulling over a wobbly moped could be quite risky. Because the police are sworn to protect life and property in addition to enforcing traffic regulations, I would be inclined to give their opinion extra weight.
My wife and I have been
Ken Providence, RIMy wife and I have been visiting the Vineyard for years now and one thing I look forward to the most is riding around on a moped. It would be a great travesty if tourists can't rent mopeds while visiting. This is a big attraction for the island and though an accident happened, it was an accident. Everything we do on a daily basis could be a danger to us but we as people can't live life being worried about the unknown. I will be very disappointed if there are no moped rentals this year. The owner of the business is very friendly and personable and he should be allowed to open this year for business.
if you love riding a moped
readerif you love riding a moped every time you visit, and you visit often, why not purchase a moped? Or ride over on a moped on the ferry.
I commend Ms Brisson. She has
Debra Polucci West TisburyI commend Ms Brisson. She has done a wonderful job. I'm tired of seeing moped customers lost, broken down or dead on the road...literally. Let's stop the madness! Stop Moped Mop-up that our hardworking volunteer firefighters and EMT's need to deal with. Cars passing them can also lead to bigger problems. I'd favor motorcycles that can keep up with cars, not slow down traffic and does require some brain waves!!!
There arent any moped rentals
Ken .EdgartownThere arent any moped rentals on the cape. You can only rent them here and Nantucket. I see nowhere for a test track in OB. They are effectively shut down.
I am a college student and
Olivia B MassI am a college student and every summer my friends and I take a trip to the Vineyard and rent mopeds. This is something we all look forward to, and I would be very disappointed if mopeds were not allowed this year. I have never felt in danger while driving a moped aside from the overly aggressive drivers in cars and trucks who think they own the road- this is not an issue with not the mopeds, but an issue with the way the island treats the mopeds. Driving a moped is not difficult at all. If you follow the rules of the road it is no different that driving any other vehicle. People get hurt doing anything. I'm pretty sure when you compare the statistics, the number of people are killed driving cars is exponentially higher than people driving mopeds... does this mean we should ban cars too?
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