Marijuana, Booze, Liability, Oh my!

dkg
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Edited Date/Time 3/17/2016 9:34pm
Reading the recent discussions in the "Marijuana at the Track" thread, a thought came to mind. Most of that thread basically seems to center on the debate over "Is it safe or not?" In the mix are stories about use of other things including alcohol, etc. at the track. Lets look at things from a different angle. Regardless of whether or not it is safe, for the MX community is it wise?

Every month or so, we get one or more threads on this site about tracks closing. As often as not, it is often related to someone suing over injuries and making it too expensive for the track to exist. We have had numerous discussions on here about releases the track owner should get to protect himself. Those kinds of things only go so far. As pointed out in those discussions, the releases don't protect the track (or presumptively other riders) from Gross Negligence. Now let's take the situation where a Track Owner knows that getting high or drinking or whatever is going on with those using the facility. (Reading the other thread, the track operator would probably have to live in a hole to not know); does nothing to stop it and someone is killed or seriously injured by a rider that is under the influence of something. Eventually this track owner and possibly the other rider(s) will find themselves in court before 12 members of the public attempting to defend themselves.

One of the questions our 12 non-moto riding jury members will be asked to answer is, Was the Track Owner or other Rider grossly negligent? In making this decision, they are going to hear arguments by the "for" and "against" pot community as well as from the vehicle code that does allow a DUI for driving while stoned. They may see video of what motocross is all about. They could be looking at an injured party sitting in a wheelchair paralyzed. They may also hear that the track owner knew about the activities going on (getting stoned, etc.) and didn't do anything to stop it (as it would have been bad for business at the time) and that the other rider got high and went out and rode recklessly causing the incident..

So, the question that I pose is, which way do you think the outcome would be? Depending on your answer, is it wise in this of shrinking number of tracks to even run the risk either as a track owner by not stopping things or as a rider for riding while high?
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MR. X
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3/17/2016 10:02am Edited Date/Time 3/17/2016 10:02am
Unless the track owner was doing it with them ,how can you prove he knew it was going on?
3/17/2016 10:10am
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less ride afterwards
cslacker
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3/17/2016 10:12am Edited Date/Time 3/17/2016 10:12am
Is it safe to take adderall and ride? What about blood pressure medication? Having a track in and of itself is a liability.

At the same time, knowingly allowing someone to ride intoxicated in any way would definitely increase the liability. The key word there is knowingly...
dkg
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3/17/2016 10:13am
MR. X wrote:
Unless the track owner was doing it with them ,how can you prove he knew it was going on?
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years that would be a factor. Reminds me of my next door neighbor that was a pothead. Guy would smoke out in his backyard everyday after work. The smell alone was enough that the neighborhood knew all about it.

The Shop

MR. X
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3/17/2016 10:25am
dkg wrote:
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years...
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years that would be a factor. Reminds me of my next door neighbor that was a pothead. Guy would smoke out in his backyard everyday after work. The smell alone was enough that the neighborhood knew all about it.
It still beats living next door to a drunk ,I got tons of stories about my old neighbor.
3/17/2016 11:18am
Question: Would you rather be surrounded by drunk fans or stoned fans??

oshow
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3/17/2016 11:20am
dkg wrote:
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years...
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years that would be a factor. Reminds me of my next door neighbor that was a pothead. Guy would smoke out in his backyard everyday after work. The smell alone was enough that the neighborhood knew all about it.
MR. X wrote:
It still beats living next door to a drunk ,I got tons of stories about my old neighbor.
How long did you live beside me?
beavesmx_44
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3/17/2016 11:27am
harrowguy wrote:
Question: Would you rather be surrounded by drunk fans or stoned fans??

I love all of my fans!!! You talking about a concert?
SweetDaddy
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3/17/2016 11:30am
All track owners need to drug test at the gate.
beavesmx_44
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3/17/2016 11:33am
As Mr.X stated it would only be an issue if the track owner knew about it. That would be tough as anyone who needs a puff while riding is likely using a vape pen in public places which have little to no smell. Looks just like an e-cig and nobody would be the wiser. People are going to do what they do.
dkg
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3/17/2016 11:33am
dkg wrote:
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years...
It would depend on a lot of things, but if it came out that these kinds of thing had been going on for months or years that would be a factor. Reminds me of my next door neighbor that was a pothead. Guy would smoke out in his backyard everyday after work. The smell alone was enough that the neighborhood knew all about it.
MR. X wrote:
It still beats living next door to a drunk ,I got tons of stories about my old neighbor.
oshow wrote:
How long did you live beside me?
Laugh, the guy was a good guy. The smoking didn't bother me. Of interest is that the guy used to ride desert and got pretty jacked up in a crash out there. Don't know if he was stoned at the time.
FastEddy
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3/17/2016 11:35am Edited Date/Time 3/17/2016 11:39am
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less...
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less ride afterwards
I've seen it happen here in the States with my own eyes at local tracks since the late 1970's.
It's quite common.
Personally I dont know how they do it either...
Sativa's make me very alert but paranoid/anxiety and Indica's make me relaxed/veg-out/sleep. Smile

njracer46
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3/17/2016 11:37am
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less...
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less ride afterwards
Some people are just idiots wether they are stoned or sober as a judge. They have no thought of others and do stupid things on or off the track. But you act like everyone who smokes is a brain dead idiot who is not capable of making smart decisions. Just because you or someone you know smoked once and you couldn't function does not mean that is how everyone is affected by it. I don't smoke nearly as much as I use to but when I do it lasts about 20 mins and I'm back to normal.

It makes my mind wonder and I think about everything in a different way. If I'm riding I'm always more cautious, maybe I shouldn't hit this jump. I got a little sketchy through that section last lap, maybe I should back it down going through it this lap. If I didn't smoke before then those things would not concern me the slightest bit. How does that make me a dangerous rider when I'm high? I would be way way more scared to ride around someone new to the sport on a 450 then someone stoned. But then again maybe they're high to?
Prntscrn
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3/17/2016 11:43am Edited Date/Time 3/17/2016 11:44am
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less...
How fucked up do people have to be? I can't even imagine any rider smoking weed at a track here in denmark or germany, much less ride afterwards
njracer46 wrote:
Some people are just idiots wether they are stoned or sober as a judge. They have no thought of others and do stupid things on or...
Some people are just idiots wether they are stoned or sober as a judge. They have no thought of others and do stupid things on or off the track. But you act like everyone who smokes is a brain dead idiot who is not capable of making smart decisions. Just because you or someone you know smoked once and you couldn't function does not mean that is how everyone is affected by it. I don't smoke nearly as much as I use to but when I do it lasts about 20 mins and I'm back to normal.

It makes my mind wonder and I think about everything in a different way. If I'm riding I'm always more cautious, maybe I shouldn't hit this jump. I got a little sketchy through that section last lap, maybe I should back it down going through it this lap. If I didn't smoke before then those things would not concern me the slightest bit. How does that make me a dangerous rider when I'm high? I would be way way more scared to ride around someone new to the sport on a 450 then someone stoned. But then again maybe they're high to?
When you're riding you better be 100% sober and clear in your head. On a mx track where everything happens so fast and you don't only put yourself to a risk but also others. What you're doing on your own time when you don't put others to risk I don't care.

Just like in Germany and Denmark we don't have this problem. I doubt it is a problem anywhere in europe luckily
njracer46
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3/17/2016 11:55am
Prntscrn wrote:
When you're riding you better be 100% sober and clear in your head. On a mx track where everything happens so fast and you don't only...
When you're riding you better be 100% sober and clear in your head. On a mx track where everything happens so fast and you don't only put yourself to a risk but also others. What you're doing on your own time when you don't put others to risk I don't care.

Just like in Germany and Denmark we don't have this problem. I doubt it is a problem anywhere in europe luckily
You don't know how it affects me or anyone else, you only know how it affects you. I'm not saying its a smart idea to smoke and ride but what the fuck else do you do when you're sitting around at the track all day. I never smoke right before I go out and don't everytime I ride. No sense arguing though, just giving my opinion.

Mr. X you may remember me from the acr southwick race last summer. I was on the line next to talking about your fe450. I had the 250sx 2 stroke, pretty sure I was high to haha. I did 3 almost back to back to back motos and I think I got first or second in the race I was sitting on th line next to you in. Idk though I was high Wink
Motoxdoc
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3/17/2016 12:27pm
harrowguy wrote:
Question: Would you rather be surrounded by drunk fans or stoned fans??

I have a friend that worked security at Irvine Meadows Amphitheatre (a large concert venue). He said whenever there was a country western act performing the alcohol-serving lines were huge and there were drunken brawls all over the place. He also told me whenever there was a reggae group performing, often on reggae Sunday's, the entire place smelled like pot.....and everybody was chill, happy-go-lucky and not a single fight...and you could get a beer without waiting in line. You can probably guess how I'd answer your question.
Lucifa.
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3/17/2016 12:53pm
If you were caught being under the influence of drugs or alcohol while racing in my country, you'd get a well deserved beating and told to fuck off and don't come back.
3/17/2016 1:12pm
Good thing you didn't know Anthony Gobert lol
MX45
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3/17/2016 1:16pm
The responses here and the other thread(s) .... this is why we can't have nice things.
3/17/2016 1:20pm
MX45 wrote:
The responses here and the other thread(s) .... this is why we can't have nice things.
So anyone that drinks or smokes is a thief?
GuyB
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3/17/2016 2:33pm
SweetDaddy wrote:
All track owners need to drug test at the gate.
Hey, we could drug test before we allow people to post.

dkg
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3/17/2016 3:21pm
njracer46 wrote:
Some people are just idiots wether they are stoned or sober as a judge. They have no thought of others and do stupid things on or...
Some people are just idiots wether they are stoned or sober as a judge. They have no thought of others and do stupid things on or off the track. But you act like everyone who smokes is a brain dead idiot who is not capable of making smart decisions. Just because you or someone you know smoked once and you couldn't function does not mean that is how everyone is affected by it. I don't smoke nearly as much as I use to but when I do it lasts about 20 mins and I'm back to normal.

It makes my mind wonder and I think about everything in a different way. If I'm riding I'm always more cautious, maybe I shouldn't hit this jump. I got a little sketchy through that section last lap, maybe I should back it down going through it this lap. If I didn't smoke before then those things would not concern me the slightest bit. How does that make me a dangerous rider when I'm high? I would be way way more scared to ride around someone new to the sport on a 450 then someone stoned. But then again maybe they're high to?
njracer46, don't take this as a personal attack, it isn't, nor do I have anyway of disagreeing with how you describe the effect on you. My question is solely an objective question of what will 12 non-moto riding members of a jury do if, they are judging something where on the one hand they have an accident involving a rider that has been using something, pot, alcohol, etc. and on the other side they have an injured paralyzed person making a claim for injuries. Do you think they will believe that getting high makes a the person a safer rider?
Original 44
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3/17/2016 3:23pm
harrowguy wrote:
Question: Would you rather be surrounded by drunk fans or stoned fans??

Hate to be around either one of them.
3/17/2016 7:18pm
Haven't read any of this thread other than the OPs post. I can say from personal experience. When I used to smoke and ride I would feel much more relaxed on the bike and could ride for hours. That just me though.
3/17/2016 7:45pm
Lucifa. wrote:
If you were caught being under the influence of drugs or alcohol while racing in my country, you'd get a well deserved beating and told to...
If you were caught being under the influence of drugs or alcohol while racing in my country, you'd get a well deserved beating and told to fuck off and don't come back.
What's the income tax structure like in NZL? I've always considered dual citizenship and New Zealand sounds like a nice second home (love Rugby, good hunting, moto fans seem like smart and good folks).
gharmon
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3/17/2016 8:04pm
harrowguy wrote:
Question: Would you rather be surrounded by drunk fans or stoned fans??

Neither would be my choice. I think it sets bad examples for the kids that would ultimately be out and about throughout the day.
pCp 252
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3/17/2016 9:34pm
It's been happening on Ski slopes across the country for years. Even more so now in Colorado & Washington. It's raising concern. But any reasonable person would believe its up to the rider if they are in control or not. I'm more worried about an inexperienced rider who is sober as a squirrel than someone who is stoned.

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