Professional Documents
Culture Documents
MICHIGAN
November 2014
Michigan Bicyclist
Copyright 2014
On the Cover: On Sunday, September 21st, the
Michigan Department of Transportation opened
up a stretch of I-96 and invited people to walk,
bike, run a 4-lane section of westbound I-96
before the highway reopened after months of
reconstruction. See page 9.
Photo courtesy MDOT Photo Unit.
Editor, Art & Design: JOHN LINDENMAYER
Letters/Comments/Advertisements may be
directed to: john@LMB.org
LMB Directors
What a magnificent fall! The weather has been perfect, and many organized
rides benefited. My hometown favorite, the Tour de Troit, set a new attendance record of over 7,000, and next year we will have even more, particularly
since Rich Moeller, his children and grandchildren will be my guest.
Once again, I am thinking about my trainer in the basement, and am already making plans for
next year. Which of the LMB tours should I ride: Shoreline West, MUP, Pedal & Paddle, or Sunrise?
My day dreams already have me on every one.
The work of the LMB, however, is not a dream, and has produced noticeable, viable results for
you and other cyclists in Michigan. In 2014, LMB was instrumental in the right turn hand signal
revision legislation and we led the charge for the adoption of the Nathan Bower Act (see page 7)
to ensure drivers education will now emphasize bicycle awareness within the curriculum. We are
also working hard to pass vulnerable roadway user protections and to define safe passing standards. The LMB has hosted law enforcement trainings, and has now distributed over a 360,000
copies of our What Every Young Michigan Bicyclist Must Know and What Every Michigan Bicyclist
Must Know booklets. The LMB also assisted with addressing whether a road commissions can
demand a bike tour to pull a permit and to buy special insurance (see page 10).
The LMB needs your help to build on these successes and I am asking you to please help LMB
financially so we can continue to be the voice of bicycling in Michigan. Our year-end appeal starts
this month. Several generous donors have established a Challenge Fund to match your gift this
year (see back cover). This is a great way to increase the bang for your buck. Please make a donation this year. The LMB is a non-profit, tax-exempt statewide membership organization, and your
donation qualifies as a charitable deduction. I thank you in advance for your support!
MEREDITH BEGIN
DAVE BOURGEAULT
ERICA BRIGGS
JIM CARPENTER
LINDSEY DESARMO
AMY DUGGAN
DAVID JONES
VIC LUKASAVITZ, Treasurer
ANNE READETT, Secretary
STEVEN ROACH, Chair
SARAH COLEGROVE
MICHAEL SHEEAN
Staff
RICH MOELLER
Executive Director
rich@LMB.org
Printed with
recycled content
JOHN LINDENMAYER
Advocacy & Policy Director, Webmaster
john@LMB.org
Kyle Kirkby
Administrative Assistant
kyle@LMB.org
As noted in Richs open letter on the next page and LMBs recent press release, Rich Moeller is
retiring. John Lindenmayer will succeed him as the LMBs third executive director. This has been
the single most important event while I have been on the LMB board; one that both saddened
me and filled me with joy.
I have enjoyed working with Rich, and admire him. I first met Rich nine years ago, shortly after
he became the LMBs second Executive Director. As part of an outreach program, Rich attended
a DetroitBikes! ride in the spring of 2006 followed by a board meeting at Nikkis in Greektown.
The prior year, my younger son, Mike, then nine years old, and I rode the Peddle and Paddle on a
borrowed tandem. We so enjoyed both the tour and riding, that I joined the LMB and bought my
own tandem. When I heard that the LMB Executive Director would visit our city, I told Mike that
we were going, and he was excited to participate.
After meeting Rich in early Spring, 2006, Mike and I again rode the Peddle and Paddle, which is
when we first met John Lindenmayer. With his long red mane at the time, John was unmistakable
on a bike, and earned our fond nickname The Lion King.
Rich later asked me to run for an open position on the LMB board. I was honored to throw my hat
in the ring, and joined the board in 2007. Since that time, I have watched John grow as a person,
See Retiring on page 14
When I took this job I fully expected that I would be here until 2020.
What better way to enjoy life than to talk bicycling and get paid for it.
But in 2011 two events happened that changed my life forever. These
were the birth of my two grandsons, Alex and Phin. This past spring
we welcomed our first granddaughter, Silje and in mid October we will
welcome another grandson, Andrew.
I was not prepared for the impact that grandchildren have on your life.
Those of you that are grandparents, know what I mean. Those that are
not, it is hard to describe the feeling. These little guys
and gal convinced me that I needed to retire at 65 and
devote the rest of my life to spoiling them.
Fortunately I was able to enjoy the company of my
grandsons and sons on two of LMBs tours this past season. In the spring my son Chris and grandson Alex rode
the Pedal and Paddle with me. Alexs only disappointment is that he didnt get to talk in the microphone.
Then in July my
son Steve and
grandson Phin
rode MUP with
me. Phin is still
searching for the
cheese crackers
that SAGs hand
out at each SAG
stop. Words cant
explain how special this was to
me.
As I fade to a distant memory for
all of you, I feel
good that I have
left you in good
hands with John and thank all of you for your support over the last
nine years.
To paraphrase one of my favorite sayings (The reason I paraphrase so
much is that I can never remember how they really go.) May all your
hills be down hills and all your winds be tail winds.
Thank you and God bless.
2014
LMB Tours
Round Up
This past summer marked LMB's 28th year of organizing multi-day bicycle tours. Over the years we have hosted thousands of bicyclists both
native and out-of-staters. LMB tours give riders the opportunity to take
in Michigan's magnificent scenery and people as they pedal past charming towns, picturesque countryside, historic Great Lakes lighthouses,
and our abundant freshwater lakes, rivers and streams.
Participating in LMB tours has become a tradition for many families and
friends, who reunite each year to make new memories and reminisce on
old ones. LMB hosts bicycle tours for three main reasons: 1) To promote
bicycle tourism and show off the beauty of Michigan; 2) To demonstrate
that bicyclists can ride responsibly; and 3) To financial support LMB advocacy and education efforts.
We started our season off with Pedal and Paddle in May. Not surprisingly
the weather was a little cool with lows at night in the 30's and highs only
in the upper 40 to 55 range. But our riders were hardy and had a wonderful time despite the cooler temperatures. Tour highlights included
two days of paddling one day on the Portage River and the second
day on the Rocky River. The three days of bicycling led riders past a farmers market in Vicksburg, through the historic Langley Covered Bridge,
through Amish country and past many beautiful inland lakes.
Sunrise Tour
Our Sunrise Tour in June enjoyed slightly warmer temperatures, although they were still below normal. After a wonderful wine and
cheese party to kick off the tour, riders enjoyed the Hubbard Lake area
(including Mt. Mariah) and Maplewood Bar tended by 93 year old barkeeper Clarise Kramer Cadarette Grzenkowicz who holds the Guinness
Book of World Records for the longest career as a bartender. Riders then
pedaled to the Presque Isle Harbor Wooden Boat Show and past scenic
Thunder Bay River.
3 MICHIGAN BICYCLIST | November 2014
MUP Tour
The Michigan Upper Peninsula (MUP) Tour was blessed with more reasonable temperatures, which really helped showcase the beauty of
the eastern UP. Notably, 70% of our MUP riders were from out-of-state.
The weather was great throughout the tour with the exception of the
stretch between Newberry and Paradise where it rained all morning
and temperatures were in the lower 50s. Disappointingly, we had no
moose sightings this year as in years past, but we did have a few bear
sightings. The main highlights were Mackinac Island, Tahquamenon
Falls, Whitefish Point, the Soo Locks, Sugar Island, Drummond Island
and the beautiful views along Lake Superior, St. Mary's River and Lake
Huron. Registration filled up in March, so if you are interested in joining
us in 2015, please register early.
Shoreline West riders experienced the best weather of all our tours. It
lightly rained only one night out of the weeklong ride. Riders experienced the many sights along the Lake Michigan shoreline from Montague to Mackinac City. These included the Cherry Market and dune
rides in Silver Lake, the SS Badger in Ludington, the "3 sisters" between
Manistee and Frankfort, the dune climb at Sleeping Bear Dunes, Glen
Arbor, Old Mission Peninsula (including a Quilt Barn Tour), the sunflower
fields between Traverse City and Elk Rapids, the mushroom houses in
Charlevoix, the Tunnel of Trees, and a magnificent view of the "Might
Mac" as we concluded in Mackinaw City.
2014 was another great year of hosting bicycle tourist in Michigan. If you
joined us this year, thank you! Please know that by riding in our tours, you
are supporting LMB's efforts to make Michigan a more bicycle-friendly
state. If you weren't able to ride with us, we hope you can join us in 2015.
Registration opens January 1st at www.LMB.org/tours.
CL
MUP (Michigan
Upper Peninsula)
July 12-18
Shoreline West
Bicycle Tour
August 2-8
Registration opens January 1st
at www.LMB.org/tours
4
Zagster, a Boston-based
startup, has taken a different
approach to bike sharing
setting up boutique systems
for universities, multifamily residences and corporate
campuses. Yet unlike other
industry programs, Zagster
does not rely on public funding to provide bike sharing
to its customers and their
communities.
Update on ArborBike
ArborBike, Ann Arbors bike share program, is
now live! The program has five active stations on
the University of Michigans campus and one at
the public library. For a complete station list visit
ArborBike.org. ArborBike is designed to help visitors, residents, students, and commuters get around
the area using a non-motorized form of transit.
ArborBike membership options include a daily pass,
monthly access, and an annual membership. Once
registered, members can checkout a bike, ride, and
return the bike to any of the stations. All memberships can be purchased online at ArborBike.org or
at any of the kiosk locations. The current stations will be open through the fall and into
early winter, weather permitting. To find out more information about ArborBike, connect on
Facebook, follow on Twitter @arborbike, sign up for our email list, or email info@arborbike.
org. You may also call program supervisor, Heather Seyfarth at 734-585-5720 ext. 21.
IMPORTANT DATES:
Event Submission Deadline: 10/20/14 (email john@LMB.org to request extension)
Advertising Reservation: 11/17/14
Print Version Available: 2/1/15 (or sooner!0)
6
Drivers education will now include lessons on bicycle and motorcycle awareness
On October 14th, 2014 Governor Snyder signed Public Act 317, the
Nathan Bower Act, into law. The new law adds information about
bicycle and motorcycle awareness to Michigan drivers education
curriculum, and emphasizes the importance of motorists being aware
of their surroundings while driving.
The bill (HB 5438) saw broad bipartisan support in the Legislature,
collecting 89 out of 110 Representatives as co-sponsors before passing
unanimously in both the House and Senate. LMB played a leading roll in
ushering the bills through both chambers by organizing supportive testimony before the House and Senate Committees on Transportation and
urging LMB members to contact their legislators.
LMB hopes that the passage of the Nathan Bower Act signals an
important change, where Michigan lawmakers and citizens realize
and embrace the fact that motorists, motorcyclists, and bicyclists all
have the right to use Michigan roads, and that everyone deserves to
be protected.
Governor Snyder released the following written statement after
signing the Nathan Bower Act, along with two other bills that focused
on keeping drivers safe that dealt with impaired driving.
Keeping Michigan motorists and travelers safe is always a priority.
This legislation will help law enforcement crack down on all kinds of
impaired driving. Im proud that were also making sure new drivers
receive the necessary training to understand how to safely share our
roads with motorcycles and bicycles. These common-sense bills will
help save lives and raise awareness of the need to be alert and responsible when behind the wheel.
LMB encourages all bicyclists and drivers to review basic tips on how
to share the road by taking the Share Michigan Roads safety pledge at
www.shareMIroads.org.
Photo Courtesy Michigan Senate Democrats. L to R: State Representative Paul
Muxlow, State Representative Terry Brown (bill sponsor), Governor Rick Snyder,
Clint Bower - father of Nathan Bower, Tammy Bower - mother of Nathan Bower,
John Lindenmayer - League of Michigan Bicyclists Advocacy & Policy Director
and State Senator Morris Hood III at the October 14th bill signing of the Nathan
Bower Act, which adds information about bicycle and motorcycle awareness to
Michigan drivers education curriculum.
2014 was bookended with two major LMB policy victories. In January, Governor Snyder signed Public Act 1,
updating the Michigan Vehicle Code to allow bicyclists
to signal right turns using their right arms. LMB then
helped to lead the charge to improve drivers education in Michigan. After successfully ushering HB 5438
(Nathans Law) unanimously through the House. LMB
rallied similar bipartisan support in the Senate. The bill
was signed into law on October 14th as Public Act 317.
LMB extends our sincere appreciation to all of our members who contacted their legislators on this important
legislation. We couldnt have done it without you!
The LMB board and staff would also like to thank the
Bower Family, Lisa Cook-Gordon, and all of our coalition partners who worked together to advance Nathans
Law. We also would like to extend a special thank you to
State Representative Terry Brown for sponsoring HB 5438
and we extend our deepest appreciation to the entire
Michigan Legislature for supporting the legislation.
We encourage LMB members to take a moment to write
their Representative and Senator to thank them for
voting in favor of HB 5438.
Please help us build on the success of Nathans Law by supporting ongoing efforts to enact a 5-Foot Passing law and
Vulnerable Roadway User Legislation to further safeguard
bicyclists using Michigan roads. Learn more/engage at:
www.LMB.org/takeaction
8
On Sunday, September 21st, the Michigan Department of Transportation opened up a stretch of I-96 and invited people to walk, bike, run
a 4-lane section of westbound I-96 before the highway reopened after
months of reconstruction. When I heard this was happening, I was anxious to check it out. A brand-new, long stretch of fresh concrete unimpeded by traffic and lights? Id be crazy not to attend and invite all my
cyclist friends to join me! It wasnt what I expected.
When I learned of the event and read the description on 96fix.com, it
reminded me of a Cyclovia, a Spanish term used internationally to signify the closing of certain streets to automobiles for cyclists and pedestrians. Officials in cities from Los Angeles to Louisville and from Bogota to
Belgium have opened streets to create a safe, public space that encourages healthy, active lifestyles and an opportunity to try out active transportation. The website encouraged activity of all types saying people
can crawl, jump, cartwheel, break dance... on the highway. It seemed
to me like a great way to encourage active lifestyles and multimodal
transportation.
Michigan Department of Transportation wanted to create a multimodal event that allowed the community to enjoy the newly re-constructed I-96 freeway prior to its opening, stated Kimberly Avery, PE.,
MDOT - Metro Region Deputy Region Engineer. The celebration was
a thank you to the community and commuters where bikers, walkers, and families could see all the new freeway improvements prior to
opening to traffic. The project began with outreach to the community
and we wanted to end the project with outreach to the community.
Despite the periodic rain and strong winds, turnout was exceptional.
With estimates between 10 and 15 thousand people in just under a
two-mile stretch, people were everywhere some darting here, others
9 MICHIGAN BICYCLIST | November 2014
This law applies solely if there is a request to close a road. It simply does
not apply to a bike tour unless the sponsor requests a road closure. KBC
did not make that request, and neither did the Tour de Taylor. Both tours
require participants to follow all rules of the road, including riding no
more than two a breast. State law, MCL 257.660b, expressly permits cyclists to ride two abreast. Moreover, cyclists who lawfully use the road
are not impeding traffic that is they are not closing any road merely by
using the road as legally permitted.
Mr. Hummell stated that he interpreted the term parade as including
a bike tour because a fee was charged. This makes no sense at all. The
impact is the same whether a fee is charged or not. There are many parades, with bands, floats and even politicians, where no fee is charged.
But, these parades do require street closures, which is the key issue.
There is nothing in common between a bike tour and a parade. A bike
tour does not close a road, but rather uses the roads in a lawful manner.
A bike tour is not a parade. The Van Buren County Road Commission
had no legal basis for its permitting and insurance demands. It appears
Mr. Hummel and the road commission have overstepped their legal authority.
UPDATE:
On Saturday, September 6th, the Kalamazoo Bicycle Club sponsored a
hastily organized 50 mile loop tour between Kalamazoo and the home
of the Van Buren County Road Commission in Lawrence, Michigan. Our
primary purpose was to let the Van Buren County Road Commission
know we do not accept their interpretation of the law.
In addition to notifying the Van Buren County Road Commission in advance about the tour, we also spoke with the County sheriff in advance
who expressed his agreement with our interpretation of the law.
See Parades on page 11
Approximately 100 riders turned out on relatively short notice on September 6th for a Civil Disobedience tour through Van Buren County hosted by the Kalamazoo Bicycle Club (KBC) to protest
the Van Buren County Road Commissions demands that organized bicycle tours obtain costly permits and exorbitant liability coverage in order to utilize the public roads. LMB maintains the
position that this gross overstep of authority has no basis in Michigan law (see page 11 for LMBs statement). KBC sent the proceeds to the Tour de Taylor to reimburse them for the $500 they
were forced to pay their insurer (directly out of funds that otherwise would have gone to the Make a Wish Foundation) to satisfy the road commissions unwarranted insurance requirement.
10
Hundreds of cyclists patronize the Dancing Crane Coffee Shop in Bay Mills each year during LMBs Michigan
Upper Peninsula Tour, just one example of the economic impact organized bicycling events have on
communities throughout Michigan.
LMB Position on
Bike Tour Permitting
It is the LMBs position that MCL 247.323 does not
require a bicycle tour to obtain a permit unless the
sponsor plans to close a road. Any attempt by a road
authority to require a tour sponsor to obtain a parade
permit or to obtain insurance coverage has no basis under Michigan law. Rather, all cyclists, including
those who are participating in bike tours, have the
absolute right to bicycle on all public roads (with the
exception of limited access highways). Tour sponsors
with legal questions are strongly encouraged to consult with legal council.
A recent study by the Michigan Department of Transportation shows that bicycling provides approximately $668 million per year in economic benefit to
Michigans economy. LMB finds it perplexing as to why
any road commission would restrict this activity and
subsequently obstruct local communities ability to
financially benefit from bicycle tourism.
A recent Michigan Department of Transportation press
release titled MDOT reminds motorists and bicyclists
to share the road supports this position:
Motorists are reminded that bicyclists are legal
users of the roadway and groups of bicyclists
are legally allowed to ride on the roadway
without special event permits or accommodations while following all applicable laws.
If a road commission or other road agency has contacted you, your club, or other organization to demand
permits or insurance for a bike tour, please contact
John Lindenmayer at john@LMB.org.
was elevated over the roadway. A neighbor reported the fallen tree to
the County Road Commission two days later, but the tree was not removed. One week after the neighbor told the County Road Commission
about the road hazard, a motorcyclist traveling on that road was unable
to avoid the branches that encroached into the road and was thrown
from his motorcycle, suffering severe injuries that ultimately caused
his death. The Estate of the motorcyclist alleged that the County Road
Commission was liable because it had not maintain the road in a reasonable manner and the lack of maintenance caused the death. The County
Road Commission claimed governmental immunity.
Outcome: The Court of Appeals held that in order to trigger the Highway Exception to governmental immunity found at MCL 691.1402, the
hazard must be part of the physical structure of the roadbed itself. The
motorcyclist is not entitled to recover for his injuries because a tree laying across a portion of the road is not a defect in the physical structure
of the roadbed. Estate of Truett v Wayne County Dept of Public Services.
A similar ruling was made by the Michigan Supreme Court in Hagerty v
Board of Manistee Co Commrs. A motorist was killed while driving on
an unpaved highway when she became disoriented by a cloud of dust
caused by an oncoming motorist. The Michigan Supreme Court held
that the County Commission was not responsible for the death of the
motorist and was entitled to governmental immunity, because a cloud
of dust rising from an unpaved road is not a defect in the physical structure of the roadbed, as required for liability to arise under the highway
exception, MCL 691.1402(1).
DEFECTIVE NOTICE PURSUANT TO MCL 691.1404(1) DOOMS HIGHWAY-DEFECT CLAIM.
Facts: Plaintiffs, two motorcycle riders, were riding as part of a group.
While rounding a curve, one of the plaintiffs lost control of his motorcycle that caused both riders to sustain injuries. The police arrived at the
scene and completed a report. The report listed the names of the plaintiffs, the driver of a car that was struck by one of the motorcycles, two
other motorcyclists directly involved with the accident and two more
motorcyclists that witnessed the crash but were not directly involved.
The police report was submitted along with the motorcyclists notice to
defendant Michigan Department of Transportation. The notice did not
list the four other motorcyclists who were riding with plaintiffs.
Outcome: When suing under the Highway Exception to governmental immunity, a precursor to recovery is that the injured person
must provide notice to the governmental agency pursuant to MCL
691.1404(1). The statute provides that the notice shall specify the
exact location and nature of the defect, the injury sustained and the
names of the witnesses known at the time by the claimant. The Court
found that the plaintiffs did not comply with all of the requirements.
Plaintiffs failed to identify four witnesses known to them at the time
in their initial notice and failed to correct this error within the statutory
period. These unnamed witnesses (riding ahead of the two plaintiffs)
had knowledge of the condition of the road as plaintiffs passed over it,
See Legal Decisions, next page
Membership/Donations
Retiring continued from page 1
an advocate, and as a leader. I also watched Rich initiate important structural changes
at the LMB, developed new programs, authored the What Every Young Michigan Bicyclist
Must Know booklet for children, and most importantly helped to groom John for the day
when he would retire as the Executive Director.
That day is fast approaching. Richs last official day as Executive Director will be December
31, 2014. John becomes our third ED effective January 1, 2015. Rich will continue to work
with the LMB until March, 2015, and has promised always to be no more than a phone
call away.
My sadness is obvious. I will miss working with Rich. But, I am joyful that he will now have
more time to spend with his lovely wife, children and grandchildren. I also am filled with
joy that John will be our next ED, and will continue his excellent work for all cyclists.
Rich shared with you his guiding philosophy on being a positive influence on a young
person. This philosophy guided Rich as the LMB ED, and also guided him on the timing
of his retirement. It is similar to an Iroquois philosophy, summed up as In every deliberation, we must consider the impact on the seventh generation Rich is leaving the LMB
a stronger, better and more vibrant organization. John and the LMB will continue to be a
positive influence on youth cycling and will continue to advocate for positive change for
generations to come.
Highwheel continued from page 12
Annual Memberships
q New
qRenewal
qIndividual/Family . . . . . . . . . . . . . . . . . . . . . . . . . . $30
qOrganization/Club/Shop . . . . . . . . . . . . . . . . . . $60
qLife-Individual . . . . . . . . . . . . . . . . . . . . . . . . . . . $450
(3-Pay Plan - $170/yr)
qLife-Organization/
Club/Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1000
(3-Pay Plan - $350/yr)
State
Zip
Phone
The adrenaline rush of completing 52 miles in 2 hour 50 minutes, a 6 hour 29 minute century, winning the International Veteran Cycle Association World Championship road race
in 1991, or just besting my time for the local 20 mile ride keeps me wanting more. This
past April I participated on a 30 mile ride around the boroughs of New York City. What a
fantastic time meandering around the city, through Central Park, and over the bridges. It
reminded me how great every ride is. Most of my riding however is done locally on the
west side of Lansing and I still look forward to each and every opportunity to mount the
highwheel. Im still infected from the bug that bit me 27 years ago. I collect, research, and
ride every chance I get. And the best ride I will ever have is the one Ill take tomorrow.
Legal Decisions continued from previous page
namely, whether there had been debris or some other dangerous condition on it. Also,
one of the unnamed witnesses took photographs of the accident. Since these four fellow motorcyclists, known to the plaintiffs and potential witnesses were not listed on the
Notice, plaintiffs are prohibited from pursuing any liability for their injuries. Karwacki v
Dept of Transportation.
Bottom Line: When injured while riding a bicycle, it is critical to seek immediate and
experienced legal help. There are often hidden or complex legal issues and timelines
that need to be addressed, when seeking redress for injuries or property damage. If you
ever have any questions about any of our articles or a legal issue you are facing, do not
hesitate to email or call us. As always, be safe and enjoy the ride!
2014. Todd E. Briggs and Sarah W. Colegrove. Todd and Sarah are lawyers in
private practice. In addition to helping athletes injured in bicycle and sportsrelated accidents, they concentrate in the areas of civil litigation, including
personal injury, commercial litigation, probate and estate planning law. Todd
and Sarah are competitive cyclists, triathletes and adventure racers. Each has
competed in many national and state running, biking and triathlon competitions, including the Hawaii Ironman. Sarah also serves on the LMB board.
Briggs Colegrove, P.C. 660 Woodward Ave., Suite 1523 Detroit, MI 48226
(313) 964-2077 | briggscolegrove@aol.com
E-mail
Website
Same as Above)
Grand Total
$
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MICHIGAN
BICYCLIST
NON-PROFIT ORG
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LANSING MI
PERMIT #686
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to the ona
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do n te
ub d o be
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yo he re
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im ar
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!
All winning images will be printed in the Michigan Ride Calendar and/
or other LMB publications.