Many are currently fighting the injustice of the CPSIA – which has banned the sale of youth OHVs – by going by the book to make their voices heard. But Malcolm Smith remembers a time when motorcyclists were rebels. He, and a number of others in the motorcycle industry, decided to take the rogue path and protest to the CPSIA in a more aggressive manner.
Yesterday, industry, media and supporters rallied at Malcolm Smith Motorsports in Riverside, California to witness Malcolm publicly selling three banned youth OHVs.
“We’re selling a few bikes, and only a few because I can only afford so many fines!” Malcolm Smith said with a laugh. “I’m going to have to ask the public to donate to pay them if they put me in jail.”
Husqvarna’s Scot Harden was ready for the worst…
In the most extreme circumstance, Smith was prepared for the possibility of being arrested in his bold act of defiance, but no such thing happened… which may have been a let down for some. Husqvarna’s Scot Harden showed up with a “Free Malcolm Smith” t-shirt on that he had made just for the occasion.
While “Johnny Law” wasn’t present at the rally, Malcolm Smith Motorsports could still face harsh penalties from the federal government – namely a fine of $100,000 per offense (totaling a possible $300,000 fine).
“I don’t think they’ll do it, but if they do, it’s going to hurt right now considerably,” Smith admitted. “I’ll have to get a loan to pay it. Hopefully everybody will send five dollar checks in or something.”
Smith went into the rally with eyes wide open, aware of the possible consequences. In fact, he’s ready to take the next rebellious step in protest if the CPSC doesn’t respond in the next few weeks. Malcolm has declared he’s going to “Boston Tea Party it” in the Long Beach harbor.
Jeff Ward’s kids look on as he completes the sale of a banned youth OHV at the Malcolm Smith Motorsports protest.
“I’m going to get a little motorcycle, get it certified that you don’t have any oil in it or any pollutants – gasoline or anything – put it on the back of a Sea Doo, get a couple girls with bikinis and ride around Long Beach Harbor where all the containers are coming in, go in front of the Queen Mary and push it in the ocean,” Smith declared.
One thing is for sure: Malcolm’s not going to stop protesting until something is done to resolve this issue.
What does the rest of the industry think of his bold tactics? While the MIC and SVIA are keeping it clean and taking the proper channels, they are (on the record) steering clear of being associated with Smith’s renegade tactics. Still, on a personal level, Smith has received overwhelming support from just about everyone in the industry.
“I actually had some high up industry people call me and say, ‘This isn’t the official word, but we’re personally backing you. We’re glad you’re doing it,'” Smith said.
Glen Helen Raceway owner Bud Feldkamp wheels out his newly purchased ATV.
He’s not afraid to put his name and his business behind his public act of defiance, and neither are Troy Lee of Troy Lee Designs, Glen Helen Raceway owner Bud Feldkamp or racing legend Jeff Ward, all of whom purchased an OHV from Malcolm Smith Motorsports yesterday at the protest.
“This has been ridiculous for a while so I’m glad Malcolm is putting his foot down and saying, ‘Hey I’m going to sell bikes and I’m willing to face the consequences,'” Troy Lee commented just after buying a KTM 65 SX for his son, Max. “I want to ride with my kid. He’s at a really fun age and we have some of our best times on our way to the races and from the races, talking about the day and what happened. I just feel it’s so wrong.”
Kids made their own picket signs in the parking lot of Malcolm Smith Motorsports, while inside, the “grown-ups” signed letters which were faxed to California Senators on the spot.
Outraged by the youth OHV ban, Malcolm Smith is determined to be heard.
Malcolm showcased his outrage at the “lead law” by carrying around a baggie of pure lead fishing weights which were purchased that day by his wife.
“We’re trying to make the government listen to us that we have a right to ride and that the ruling is just absurd,” Smith said.
Smith has been in contact with mainstream media including USA Today, and even had a spot on KFI 640 AM with John and Ken on March 19, following the protest.
Smith summed up his intentions to the crowd of supporters on hand at the protest: “It’s just a big hill and I’m going to go up it one way or another.”