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Feds to Release Mountain Bikes for Bikers' Promise Not to Sue and Small Fee

We are pleased to announce that Oceanside Attorney Richard L. Duquette has reached a favorable settlement with MCAS Miramar officials to immediately release his clients' valuable mountain bicycles. In exchange for the mountain bikers' promise not to sue the government for civil rights violations, and payment of a $250 civil fee, the Feds agreed to immediately give the bikes back.

This avoids any criminal conviction on their records and having to appear in court. Mr. Duquette's settlement negotiations will pave the way for the immediate return of the other 40 bikes, and the resolution of the other mountain bikers' criminal cases as well.

This settlement was reached with the assistance of Presiding Chief Federal Magistrate Judge Nita Stormes and Retired Brigadier General David Brahms, Esq.

Mr. Duquette would like to thank all the involved parties in bringing this unfortunate situation to a successful resolution, including Susie Murphy of the San Diego Mountain Bike Association. Moreover, signage issues along the historic Stowe trail boarding private and federal land has been substantially improved with the addition of many new signs, so bicyclists and hikers will likely receive better notice before accidentally crossing over onto military land.

Looking forward, when conducting the military base security analyses, it is the hope of Mr. Duquette's clients the military will factor in adequate signage in rural areas; or, better yet, resume negotiations with County Supervisor Dianne Jacob for a limited recreational easement on the base's eastern edge.

Richard J. Duquette, Esq. has been a bicycle rights attorney and advocate since 1983. He is a graduate of the prestigious Gerry Spence Trial Lawyers' College in Wyoming and is rated "AV-Preeminent" by his peers. He may be contacted at RLDuquette@911law.com.

Documents Related to the Settlement

Motion and Order Granting Joint Motion to Dismiss Civil Action

Joint Motion for Return of Seized Property - Misdemeanor Citation Settlement

Orders Resolving Misdemeaor Citations