The Consumer Product Safety Improvement Act (CPSIA) went into effect Feb. 10, making it illegal to produce, import, sell or resell items designed for children 12 and under that may contain trace amounts of lead.

Local impact very negative

Many businesses have been forced to pull products and are protesting the broad array of consumer items included in the definitions of the CPSIA, like safety equipment and recreational vehicles not intended for teething toddlers.

Last week we interviewed the mini motocross racers on what they thought of the ban. There’s a whole other set of children who free ride mini all-terrain vehicles (ATVs/quads) on public lands with their families.

Ethan Bender, 8 ½, of San Clemente rides his black Yamaha 90 Raptor quad with a large group that stages either at Glamis or Ocotillo Wells.

"[The ban] makes me feel like it’s unfair," he said. "I like to ride with my friends.

"Last time we went to Glamis it was Valentine’s weekend and my quad was broken. My dad couldn’t get the parts [to fix it] so I didn’t get to ride."

"We have…an average of 30 motorhomes with around 120 people," said Ethan’s father, Kirk. "We meet once or twice a month for the whole [sand dune] season, which lasts from about Halloween ’til Easter while the weather is cooler.

"All of our family members used to work for Weekend Warrior a few years back, and you know they’re out of business just like Monaco and Fleetwood Motorhomes.

"That’s 10,000 local jobs all gone. That’s crazy. And now this law shutting down the kids’ minibike industry – that’s even crazier."

On the industry side

Ella Harman of Valley Center is a certified instructor for the All Terrain Vehicle Safety Institute (ATVSI).

"Every child age 16 and under in the State of California has to pass the ATVSI course in order to legally ride on public land if they’re on an ATV," she said, "or [be] in the direct supervision and presence of an adult who is certified.

"If you buy a new ATV for your kid from the big brand manufacturers the state has a program that entitles the kids and sometimes up to three family members to take the course for free.

"Some major manufacturers offer financial incentives including rebates or gift certificates for future purchases. That’s really nice.

"Sometimes the ATVSI schedules the adult courses separate from the kids’. I can restructure the course as a family class so that Mom, Dad and the kids all take the course together in one session. It makes for a better learning environment."

"I wish for more kids and families to join me in riding," said Harman’s granddaughter, second-grader Trinity Jennings. "I’ve taken my Nana’s class 20 or 30 times.

"I’m her little helper and show the other kids what to do. It’s interesting the kids I get to meet.

"I also like to ride with my cousins Kaitlyn and Meghann. When they ride with me we have a good time together."

"The Easter Bunny and Santa Claus always bring me gifts for riding," she added.

Harman shook her head. "I don’t know where the Easter Bunny and Santa Claus are going to get her next gift," she said. "She’s been a really good girl."

Revolt from the big kids

Last Thursday, off-road racing icon Malcolm Smith staged a peaceful revolt at his dealership in Riverside by publicly selling minibikes to three industry legends. There were approximately 160 people to witness the event.

Smith sold a mini-quad to Bud Feldkamp, owner of Glen Helen Advertisement

Diamond 8 Cinemas Raceway, and one 65cc KTM minibike each to MX racing legends Jeff Ward and Troy Lee.

After the minibikes were sold Smith asked the audience, "Are you all gonna come visit me in jail?"

Fellow legends Scot Harden and Jeremy McGrath spoke in support of Smith’s decision to break the law and how serious the consequences could be.

If enforced by the State Attorney General’s Office, Smith could face penalties of $100,000 per sale and up to 15 years of imprisonment.

"This is not a publicity stunt. This is very serious," said Harden. "If you knew this man and knew how much he’s hanging it out and laying it on the line to protest this ban, you’d understand.

"Under the political atmosphere right now, this is just the beginning of what is going to happen to our sport. [State Senators] Feinstein and Boxer are very happy."

"I’ve got three kids who race and I’ve been riding since I was 5 years old," added Ward. "It’s wrong what they’ve done. I’ve worked with government agencies before; they’d like to see motorcycling go away."

"We have a petition signing station," Smith said, pointing toward the entrance, "with an assistant to help you fax your petition to Feinstein and Boxer’s office, and you won’t get a reply from them. If you do, it will be about them needing help with the budget crisis."

Larry ‘Supermouth’ Huffman emceed the act of civil disobedience. He asked Smith, "What caused you to do this crazy thing?"

Smith replied quizzically, "Crazy?" The audience cheered.

"What’s next?" Smith continued. "Okay, I’m going to take a minibike, put it on the back of a Sea-Doo with a bunch of girls in bikinis – four of them – ride around the LA Harbor, get the attention of the importers – the girls will help with that – and get some press, then head out to sea and dump the bike in the ocean.

"That’ll be my Boston Tea Party. Oh, yeah – that is, after I have the bike certified that it has no oil or gasoline in it."

McGrath summed up the day’s events: "Asking the kids what they think about the minibike ban? Good. Kids are honest; they’ll tell the truth. Motorcycle riding is a good way to keep kids in tune with life.

"This ban jeopardizes their dreams of the future and their trust in government. By all means, let them speak about this ban. They’re the future."

On the political front

The Lake Elsinore City Council has presented a resolution modeled after one that recently passed the Missouri House 143-13.

Langston Racing owner Gerald Langston, by invitation from Mayor Bob Magee, was among those who spoke to the City Council in favor of the resolution.

"Yes, there was lead at some stage that created concerns in the past with the government," Langston began.

"At this point you’d have to grind up the motorcycle and feed it to the child in order to ingest just trace amounts of lead," he added, laughing. "It’s never been recorded that any kid, any child, has ingested lead from a motorcycle. If a kid sucked on a motorcycle, he would get burnt."

Magee addressed the City Council as well: "Some of my fondest memories when raising my son in the Lake Elsinore Valley area was watching him ride and race his dirt bike.

"He never ate any of his bike parts or ingested lead from the experience. Right now he’s firing lead at the Taliban."

The resolution passed unanimously.