<p>As Oak Bluffs selectmen prepare to hold hearings to review licenses of three rental moped companies, their town counsel has advised that effectively banning moped rentals would violate state law.</p>
As the Oak Bluffs selectmen prepare to hold hearings next week to review the licenses of three rental moped companies, their town counsel has advised them that effectively banning moped rentals by eliminating all licenses would violate state law.
In a letter sent March 11 to Oak Bluffs town administrator Robert Whritenour, town counsel Michael Goldsmith addressed a host of concerns put forward in a formal complaint filed with selectmen in January by the Mopeds Are Dangerous Action Committee. The complaint asks the town to declare licenses null and void for the three moped rental companies operating in town: Island Hoppers LLC, King of Rentals of MV, and Ride On Mopeds, alleging license discrepancies and lack of enforcement of town bylaw.
Mr. Goldsmith outlined a process the town should follow to address the allegations, leaving open the possibility that one or more of the licenses could be revoked. But he also cited two court cases from the 1980s that he said limit how far the town can go to stop moped rentals altogether.
Ruling in a case involving the town of Provincetown, the Supreme Judicial Court in 1981 found that a town bylaw that attempted to ban mopeds violated a state law that allows people to operate mopeds on all public ways. The same principle was cited in a 1988 ruling in a Dukes County superior court case involving the town of Tisbury’s failure to renew a moped license, Mr. Goldsmith said.
Mr. Goldsmith, an attorney with Reynolds Rappaport Kaplan & Hackney, LLC, also noted that the Supreme Judicial Court, in deciding the Provincetown case, suggested that the town could seek special legislation to ban moped rentals, “which is an avenue also available to Oak Bluffs.”
He also turned to the town moped bylaws and how Oak Bluffs should address the complaint. The central question raised, he said, is whether inactivity of existing license holders or transfers have rendered licenses null and void or caused them to be forfeited.
A 2002 amendment to the town bylaw included plans to limit the maximum number of licenses and reduce the number of moped rental license over time, he said. At the time, the attorney general’s office cautioned that the number of licenses issued could fall to a point where an outright prohibition was likely to occur, which would be inconsistent with state law.
Mr. Goldsmith also said that if licenses are rendered null and void by inactivity or improper transfer, the license holder is not barred from re-applying and obtaining a new license. Instead, he said, the number of licenses available would be reduced by one, assuming that reduction does not reduce the overall licenses to a number that is an effective prohibition.
He also weighed in on the town requirement that moped rental companies have 50-foot long, 25-foot wide training tracks on their premises, a provision that was discussed at length March 15 at a board of selectmen meeting. Jason Leone, who owns or co-owns the three moped rental companies, filed a request for a waiver of that requirement. Former town selectmen Todd Rebello, speaking on behalf of Mr. Leone, said the moped businesses were already exempt from the bylaw under a grandfathering provision but wanted to follow a more official procedure; the request was withdrawn during the meeting and it was not clear at the time whether the businesses were exempt.
Mr. Goldsmith said under the town’s bylaw, the board is not permitted to completely waive the training track bylaw requirement. Instead, he said, the board can permit the license holder to have an alternative training program, including an off-site training track or a modified on-site track. “In either case, the board should be satisfied that a licensee’s alternative proposal satisfies the purpose of the provision, which is public safety,” he said.
He further stated that while Oak Bluffs is barred from banning mopeds altogether, the town is bound to uphold procedures set forward in the bylaws. “Given the obvious public safety concerns stemming from rental of a moped to an unsafe or an inexperience operator, and given that the board is bound by the strictures of paragraph 7, the board should review any petition for an alternative training program carefully,” Mr. Goldsmith wrote.
He said the town should hold individual hearings on complaints about each of the three business before issuing moped rental licenses for the 2017 season, and afterward the board should decide whether any of the licenses have been rendered null and void and whether the total number of licenses should be reduced, and whether the total number of licenses would be an effective prohibition.
The hearings for the three moped rental licenses have been scheduled for 4:30 p.m., 5 p.m. and 5:30 p.m. on Tuesday, March 28 at the Oak Bluffs library meeting room.
Oak Bluffs Moped Opinion Letter by Vineyard Gazette on Scribd

Comments
It seems quite negligent and
Jameson Rothmann ChilmarkIt seems quite negligent and misguided for the island to wait for yet another moped accident death(s) to ban moped rentals. It is important to note that this would not ban mopeds altogether, which seems to be what the precedent/state law prohibits. Rather, it would be a ban on moped RENTALS to those teens and tourists that are not well equipped or trained in order to operate these vehicles safely. Couple the allowance of rentals with the bypassing of proper training facilities, and it seems that there is extreme negligence on the part of both the town and the companies, especially Leone and Rebello. These men should be ashamed of themselves, and it should be understood that they will be largely responsible for the next island moped tragedy. Additionally, it seems that Mr. Goldsmith may have some incentive to prevent the ban of moped rentals - perhaps there should be an investigation into this man's ties to the moped rental industry, Mr. Leone, and Mr. Rebello.
I guess I'm just confused but
John Aldeborgh Edgartown, MAI guess I'm just confused but where is the consistency, who's responsible for the next auto tragedy in a rented car, or boating tragedy for a rented boat, or bicycle tragedy on a rented bike or alcohol related tragedy by some tourist drinking on the island. Is it different if I own the Moped or rent, if so why, it's still a tragedy. What if I rent a moped off-island? reasonable vetting is fine, banning is not. Within 15 minutes of banning Mopeds people will be working to find ways around the system. Example, marijuana has been banned for most of my lifetime and no one has had any difficulty acquiring that on the island.
John, you have some false
Jordan Kelsey NYC/EdgartownJohn, you have some false equivalency -- a car rental establishment will not rent to you if don't have a driver's license. It's a safe bet the car rental driver has more experience driving a car than a moped renter has riding a moped. I would bet that most moped renters are either first-timers or have only rented once before. That's the danger.
Enforcement will save lives.
John Zarba Oak BluffsEnforcement will save lives. Anyone who is passionate about this issue needs to make time next week to attend either of the two meetings happening on the 28th one in OB the other in VH at the respective Board of Selectmen's meetings. We all have a responsibility to stand up and do what is right. The situation as described by Mr Rothman above seems spot on.
Thank you Gazette for
Reader LibraryThank you Gazette for providing the letter from Mr. Goldsmith. I would love to see a ban and I think it is terrible that Mr. Leone has been allowed to violate the bylaw. I read the article and couldn't see the connection between not allowing rentals and state law allowing mopeds. Then I read the letter. It seems to me his advice was sound, well researched, and protective of the town and its taxpayers. I don't like it, but it seems to be the case. I want to add that I have been disgusted by the attacks on individuals working for the town. The vitriol spewed on social media has been abhorant. The mopeds are dangerous committee and any supporters who have suggested corruption owe the leaders a big apology. They may also wish to consider some self reflection, as it seems good intentions led to some very childish and hurtful behavior. Next step? Special legislation.
Reader, citizens are not
Kevin McMannReader, citizens are not upset at corruption. It's the lack of leadership and kicking the can down the road. Inaction/deficiencies on the annual moped license renewals and the lack of adequate safety measures like a mandated test track is inexcusable. These people aren't elected to office to have a blind eye to public safety while favoring one businessman. On both mopeds and the Island Theatre the selectmen and selectwoman have failed us.
While it's hard to take you
John ZarbaWhile it's hard to take you seriously since you are hiding in plain site with your name - "Reader" - you know it's Oak Bluffs right? If the town officials and the town's counsel had the tax payers best interest in mind - protecting tax payers from potential lawsuits by making sure the actual bylaws were being enforced - thus providing some level of protection against legal actions from moped mayhem might be a higher priority.
Or require the operator have
Neil Off IslandOr require the operator have a Class M (or its out-of-state equivalent) license.
Having walked Circuit Ave
Steven Worcester/Oak BluffsHaving walked Circuit Ave extension many, many times from and to the Island Queen it's clear to me Jason is illegally using it as his test track. I've seen the trial loop he's using with his victims swerving up by the Look Out and turning back down Oak Bluffs Avenue. We used to laugh while having lunch at the Look Out or sitting on the deck at MV Chowder at the tourists getting their moped legs, weaving through a sea of pedestrians. Except it isn't funny anymore. He needs to get an offsite location to train his customers. Get shuttle vans. Be a real business. He's not renting kites. Public safety first.
Whereas I agree with much of
Nicole Brisson EdgartownWhereas I agree with much of what Mr. Rothmann of Chilmark says above, I take issue with him impugning Mr.Goldsmith's motives and integrity. MADAC has brought the violations out into the light as they pertain to the Town by-laws and the Town's responsibility to enforce those laws. This is one legal opinion, much of it based upon a 1981 precedent. Yes, 36 years ago. It would seem that the statute imposes no obligation for the town to maintain a presence of rental moped business. Nor does it preclude the town from legislating them , the rentals, out of business. It offers no protections other than the right to ride one on Commonwealth roads. But not the right to rent one. Regardless of the argument, the fact remains that ENFORCEMENT SAVES LIVES. There has been little to no enforcement of the laws in the last 12 years. We also question the risk/liability of the Town's allowing test drives to be held on Town roads.
One argument is Island roads
Neil Off IslandOne argument is Island roads will be safer if it's just four-wheeled vehicles out there. At least two problems with this. Tourists from places with few mopeds, they're not accustomed to looking for low-visibility vehicles. The other is cell phones and drivers who aren't concentrating on the world around.
Another argument would be to
WashAbhored EdgartownAnother argument would be to reduce (and enforce) the speed limits on Island roads and limit the size of vehicles here. There are way too many large trucks traveling at high rates of speed on roads that were never meant for it.
Build a bridge so truck
Neil Off IslandBuild a bridge so truck drivers won't need to hurry to make their reservation after a delayed unload. But often roadway isn't wide enough for large private vehicles ... which are operated at the same velocities as commercial trucks. Shouldn't there be restrictions on that ownership?
There's speeding and not just with delivery trucks. Speed traps would be a proper reminder, then private drivers might pay more attention to their surroundings.
Limiting the size of trucks
BS OBLimiting the size of trucks doesn't decrease the amount of goods they deliver it just increases the number of vehicles on the road.
The ruling cited by town's
John Zarba Oak BluffsThe ruling cited by town's counsel is 36 years old...36 years ago mopeds were not much more powerful than today's electric bikes and this island was much less congested...it's time to challenge this old ruling and rid the island of these dangerous rental weapons once and for all.
Shouldn't all town's tax dollars (for lawyers), elected officials and people who care about this island be working toward that goal as opposed to kicking the can down the road.
Why are town officials so adversarial with a group of concerned citizens who are simply trying to stand up and do the right thing?
It's time.
Because a court decision is
BS OBBecause a court decision is 36 years old doesn't negate the logic behind it. Do you think we should rethink Brown vs. Board of Education or Roe v Wade or Miranda v Arizona or thousands of court decisions made well before 1981. The rentals of mopeds are legal. That's unfortunate for the well being of visitors but so isn't the sale of tobacco, booze and rental of bikes and autos. Where do we draw the line on the well being of our visitors? Shut down the beaches for fear of sunburns, prevent boating for fear of sinking, shut down hiking trails for fear of blisters, shut down ice cream stands for fear of obesity, cancel the fireworks for fear of hearing loss. I'm not a fan of mopeds nor am I a fan of visitors renting autos or bikes when we provide a great public transportation system. But we've chosen to live in a country that cherishes freedom. One person's righteousness should not deny another's legal pursuit of liberty. If the anti moped crowd wants real change they must pursue it in the legislature where real change has a chance of being successful, not on the local level which cannot deny something that is legal in this state.
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