Editor, The Friday Flyer
Just to set the record straight, Paul Chapey's letter was in error when he said the California State Supreme Court upheld the Canyon Lake motorcycle ban as legal. The California Supreme Court refused to hear the case. The Canyon Lake POA had also appealed to the Supreme Court.
The reason: The 4th Appellant Court, Division 2, upheld the Riverside Superior Court decision supporting the motorcycle ban, but did not publish the decision. If the decision had been published, the case could be used as a precedent in other California private communities.
So on August 12, 1997, the POA requested to the Court of Appeals that their case be published. On August 21, 1997, the Court of Appeals denies request to publish opinion. On August 27, 1997, the POA appeals to the Supreme Court to publish decision. On November 18, 1997, the Supreme Court denies that Appeals Court decision be published.
The best argument why the decision was never published is because it was simply bad case law and should not apply to other communities.
Perhaps also, the Supreme Court was aware that the previous year, both the state assembly and senate overwhelming approved AB 3056, which would have prohibited private communities from banning motorcycles, and if it wasn't for Canyon Lake's letter-writing campaign to then Governor Wilson, the governor would probably have signed the bill instead of vetoing it in September 1996.