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Breaking Motorcycle News on Clutch and Chrome!
Motorcycles, medical marijuana and Myspace
By the Staff of Clutch and
Chrome
March 2nd, 2008
Its a story of
motorcycles, free speech and a judicial system gone astray.
The drama, worthy of a
daytime soap opera is playing out just south of Portland in
the town of Dallas. With a population of approximately
15,000, Dallas is the County Seat of Polk County and the
official website describes
the community as 'rich in history and heritage. In the midst
of vibrant growth, Dallas offers excellent schools,
community activities, and commercial & industrial amenities.
All with a strong sense of small-town charm.'
The charm of Dallas may be wearing a bit thin for Les Lowen.
 Les
Lowen (pictured right) led a happy, ordinary life which has
been turned upside down by a DUI conviction, his love for
motorcycles and some over-zealous cogs in the legal system.
According to
Salem-News.com Lowen has
tried to serve the probation period handed down for a DUI
conviction last year, but faces a changing roster of
probation officers.
"In the 8 months I have
been on probation, I have seen 6 different probation
officers, so it has been impossible to establish any kind of
working relationship with my probation officer," Lowen told
the Salem-News.
One of the many different
probation officers accused Lowen of being in a motorcycle
gang because his Myspace page is full of friends who happen
to be bikers from around the country.
"Ms. Morse [probation
officer] had apparently looked up my MySpace page, and
decided that, because I had some people on my friends list
that belong to motorcycle clubs, I was a gang member (or at
least affiliated). Ms. Morse immediately launched a verbal
attack on me, accusing me of being a gang member, or an
affiliate, no less than 6 times."
Marty Silbernagel, the head
of Parole and Probation in Polk County stands behind the
probation officers assertions. "Many of our offenders are
regularly checked to see if they have a MySpace account.
Several offenders have been in trouble for photos showing
them using alcohol, using illegal drugs"
While Lowen's site did not show drug use or illegal
activity, it does show his life as a motorcycle rider and
features friends he has never physically seen, but they all
have a common interest in Harley Davidson motorcycles. By
most people's accounts that does not equate to anything
illegal. But Silbernagel sees it differently.
"If they have a friend who is a Hells Angel, a group
invested in illegal activity, then that is a direct tie to
illegal activity."
Unfortunately, Mr. Lowen's
problems haven't ended there.
Last year he was involved
in a serious motorcycle crash, losing three vertebrae in his
back and leaving him with constant neck pain. It was this
chronic pain which allowed Lowen to become a legal, Oregon
medical marijuana patient. He says it is one of the few
things that brings relief to the lingering pain from the
motorcycle crash.
But his pain has no
sympathy from the Oregon court system in Dallas. The judge
in the case allowed no provision for Lowen's pain
management, they told him he can not use medical marijuana
or he will be arrested and prosecuted. That, in spite of the
fact that Oregon voters have not just once but twice to
legalize medical marijuana for sick people.
Mr. Silbernagel says medical marijuana is not legal on a
federal level, state courts may or may not follow suit with
the federal law, but in Polk County, Oregon, he says, they
do.
"In Polk County medical marijuana is not allowed by our
department staff and if anyone would like to take this up
further with the court they can do so."
Lowen says there is no answer in sight, so he simply quit
using marijuana and his life is more painful than ever.
The disputes over profiling with networking communities and
use of medical marijuana between Lowen and Silbernagel's
office has spilled over to MySpace, where Lowen is
soliciting help from people to get back on the road.
Silbernagel stands behind the statement. "If he thinks we do
not have a right to oppose his views, as stated on his
MySpace account, I disagree. Many of our offenders are
regularly checked to see if they have a MySpace account."
With no answer in sight
regarding the use of medical marijuana Mr. Lowen has simply
quit using marijuana and his life is more painful than ever.
The other fight for freedom
of speech on public social networking websites however
continues. |
