Jan MacKay: The Candidate of Principle
Smaller Government, Lower Taxes, More Freedom

The repeal of mandatory helmet laws is about individual liberty. It is not really about helmets. Even if you do not ride a motorcycle, you can understand it is about the right to decide. As such, it is very important.

In terms of Jans’ qualifications to be Senator, the experience of doing her absolute best to secure individual rights of citizens, despite extreme odds, trying to prevail for what she believes is right, and never giving up, has been a very learning experience. Simply put, Jan never gives up her principles, and never sells out. Jan has tremendous passion and relentless energy which she will bring to Jones Street in Raleigh, in support of all freedoms, rights, and liberties for all NC citizens. Jan will adhere to the same uncompromising principles when she is involved in fighting for your rights, and she will do it with energy and passion.

Jan MacKay will continue to be in the trenches at the forefront of a battle for individual rights regarding mandatory helmet laws in North Carolina, because, despite others tiring and giving up the battle for our rights, until we regain and secure the right to choose for ourselves, the helmet law war will not be over.

As of now, veterans will come home after fighting for freedom of others in Iraq and Afghanistan, and will find that there are more imposing restrictions here at home. Despite their sacrifice and service, some will be hassled as they try to board an airplane with the pins that are holding their bones together. They will find that the Patriot act has given away their right to privacy. They will find a new society of safety nannies has taken over. And, they will find more restrictions mandating the wearing of helmets.

Here is a message sent on July 17, 2008 to motorcyclists who prefer to choose, for themselves, what protective equipment they wear while riding motorcycles. Just as a protective mother would be overbearing to force her adult child to put on a sweater on a hot summer day, the state should not be involved in this important decision. At the age of responsibility, adults must be allowed to make these kind of decisions.

NC Senate Candidate Battles Safety Nanny Government
Raleigh NC, Bikers USA, September 29, 2008

On April 25th, Jan MacKay says she was nearly run down on Garner Rd, by a highway patrol truck driven by a state trooper, just down the street from Highway Patrol Headquarters. She received a ticket for not wearing a helmet, despite wearing one which she says meets the lawful requirements. Perhaps, it did not appear to conform. Perhaps, it did not meet with the troopers subjective approval. However, Ms MacKay says it was a manufacturer self-certified partial coverage helmet. As such, it is of a type compliant with federal motor vehicle safety standard, FMVSS 218, therefore lawful.

Since then, she has gone to district court four times. The first three times, the court was not ready to proceed. The trooper who is based in Surry and Yadkin counties has driven to Raleigh twice, a 5 hour round trip, and sat in court. The total amount of time the trooper has been away from patrol has been approximately 17 hours, over an infraction which carries a $25 fine. This seems like a travesty not wanted by the taxpayers. Some citizens might also see problems when consumers, rather than manufacturers, are held responsible for complying with federal requirements on motor vehicles and motor vehicle equipment, and in the case of a helmet - what they wear.

On July 1st, Ms MacKay announced her candidacy for NC Senate representing Senate District 15 which is North Raleigh, Wake Forest, and unincorporated areas around Falls Lake, which she says should remain unincorporated despite annexation plans. She is getting lots of well-wishers from all over North Carolina and from other states as well. Her internet campaign is doing well, with a website is top-ranked on Google. "That's good because I do not have money from PAC's and lobbyists in order to support my campaign. I think the pathway to ending corruption in Raleigh is for legislators to stop taking money from special interests. Information, yes. Money, no. I will try to live on the meager $20,659 salary and do my best for the people rather than the well-financed."

On August 27th, she was found guilty in district court and immediately appealed to Superior Court. According to the judge, she was not found guilty due to the leather helmet she was wearing, but because the trooper testified the straps were not tightly cinched under her chin. It was exactly the type of decision she wanted, because an appeal to Superior Court is needed in order to overturn the NC helmet law and stop law enforcement from being overly aggressive in pulling over motorcyclists.

On September 26th, she served a copy of a 26 page legal brief on the Wake County District Attorney Office and filed  it with the clerk of Superior Court.  Jan is not a lawyer, and is defending herself. "I do not recommend anyone represent themselves pro se in major crimes, but if an intelligent person cannot represent herself in court against a minor infraction, and get a fair trial, then our judicial system has serious problems". If the law is overturned, people will still be able to wear helmets. They will be able to wear any helmet they want, rather than being forced to wear one that someone in China says is compliant, and perhaps they will not be forced to attach any device to their heads. This is all about individual liberties and the right to decide such important matters for themselves rather than rely on a safety nanny government to make all decisions for us. The date for the trial in Superior Court is November 10th, six days after the election. Perhaps it will be the first of many rights and individual liberties "Senator" Jan MacKay will energetically fight for.

This press release can be downloaded in any of the following formats: .pdf .doc .odt

Mandatory Helmet Laws mentioned in Keynote Speech of the Libertarian Party National Convention

(message from Jan MacKay, July 17, 2008)

In December, 2007, right around the time of the anniversary of the Boston Tea Party, Doc Dockers and I met with Wake County Libertarians. We ate dinner with about twenty of them in downtown Raleigh.

We were introduced to Mike Munger , a professor of political science at Duke University, who is running for Governor of North Carolina in 2008. We sat directly across from him, and immediately brought up the issue of mandatory helmet use in our state. Mike had good questions for us, and asked what Bikers of Lesser Tolerance is all about. Lesser Tolerance? We explained rights cannot be negotiated, and that in order to secure those rights, we cannot bargain, thus we must take a rigid stance of No Compromise. That includes no additional discriminations such as insurance or mandatory training could be thrust upon us, unless they are also forced upon all other motorists. He listened intently, interrupting occasionally with very intelligent questions as to our constitutional basis for our reasoning. We discussed helmet laws in general, what has happened with the state adopting FMVSS 218, what our planned actions are, and how we are fighting for our rights to make this very important safety decision for ourselves, despite extremely overwhelming odds against us.

Fast Forward to Mike Munger delivering the Keynote Address of the 2008 Libertarian National Convention in Denver.

You can view the entire video, at my issues page (which is currently being worked on).

As they say in Mayberry, NC, ..... Well, Golly!
Helmet Laws were actually mentioned briefly by a candidate for NC Governor during a Keynote Speech at the third largest political parties National Convention!

Watch the video, and if you would like to get right to the mention of mandatory helmet laws, fast forward to approximately 25 minutes into the video. Then back up to the beginning and catch the entire speech.

The helmet issue is also part of the issues page on the NC Libertarian Party site. We have been able to talk many LP candidates into vowing to support repeal.

Each of us CAN convince others that securing our rights, freedoms, and liberty is just as important as life itself. When those others take the message of liberty to the streets, there will be people who scoff, but just as many will listen. Keeping our desire for freedom to ourselves gets us nowhere. Asking for shackles rather than chains, when what you really want is to be free, will probably keep you in shackles forever. Together we can, and will, make a difference. Don't ever give away essential liberty for temporary safety.

Janice "Jan" MacKay
NC Senate Candidate