A publication supporting the rights, safety and freedom of all motorcyclists through education and not legislation. SEPTEMBER 2011
VOLUME XX, ISSUE V
abate’s tbfs
Nonprofit Org US Postage Paid Permit #1662 Phoenix, AZ
position paper
A.B.A.T.E. of Arizona, Inc. ("ABATE") recently was asked to shut down its annual fundraiser, Too Broke for Sturgis ("TBFS"), after a shooting at the event campground left three people dead and one critically injured. Although many details may not be entirely clear at this point, it is obvious that the tragedy had nothing to do with bikers in general or ABATE in particular. As many commentators have already explained, it was something that could have happened anywhere.
abateofaz.org
ABATE of AZ. 7509 N. 12th St, #200 Phoenix, AZ 85020
In the wake of the shooting, the first incident of its kind in 20 years of TBFS, ABATE faced very difficult decisions. First, it had to decide whether to continue TBFS despite the shooting and secondly had to address questions regarding refunds. Although ABATE was in no way responsible for what happened, ABATE agreed with Mormon Lake Lodge (“MLL”) personnel to shut down the event. Ultimately, ABATE's decisions were influenced by respect for the deceased and their families, concern for the safety of the participants and its legal rights and responsibilities. Also considered was the fact that ABATE is not an event promoter, but rather a non-profit corporation whose ability to achieve its intended purposes depends heavily on its credibility and legitimacy as an organization.
ABATE had in no way violated any of the terms of its agreement with MLL and had every right to remain on the property. However, respecting the points made by MLL, but without conceding anything with regard to its legal obligations, ABATE did not physically resist its removal from the premises and fully surrendered the property to MLL on Saturday, July 23, 2011. Initially, everyone in attendance was asked to leave by MLL. After ABATE had surrendered the property to MLL control, MLL decided to let the campers stay. People who chose to remain in the event campground that night, did so of their own volition and as guests of MLL. ABATE's decision regarding refunds has been similarly difficult as the situation is complex. Many attendees arrived late on Friday, July 23, 2011 and experienced very little of the event. Many people demanded refunds though relatively few were among the last to register. Many of those requesting refunds had been at TBFS from the beginning and stayed on the grounds until Sunday, July 24, 2011. It is impossible for ABATE to verify each attendee's arrival and departure times. Additionally, many attendees asking for refunds signed in under aliases or entered the event without paying. The logistics of issuing refunds and the potential for fraud factored heavily in ABATE's decision regarding refunds. Moreover, the flyer for TBFS explic-
itly stated that there would be "no refunds." In light of these facts, ABATE will not be issuing refunds. ABATE acknowledges that many vendors undertook significant effort and expense to travel to TBFS, but inherent in any business endeavor is a certain amount of risk. ABATE surely would not have issued refunds had weather prevented vendors from operating at TBFS and there is no reason why this unforeseen circumstance, not caused by ABATE, should be treated any differently. While ABATE understands that many attendees paid for an event they were not able to fully enjoy, the tragic events at TBFS affected all those in attendance as well as ABATE as a whole. Any money paid to ABATE for TBFS will not profit any individual, but will go to support a cause that should be of great importance to all attendees – MOTORCYCLISTS’ RIGHTS. ABATE has done its best to react to the situation in a way that is consistent with its intended purpose and that will enable it to continue serving that purpose for years to come. ABATE offers it deepest condolences to the victims' families and friends involved in this tragic chain of events and wishes a speedy and complete recovery to the survivor.