Despite facing fines of up to $300,000 and possible jail time, Malcolm Smith publicly defied the ban on selling kids' ATVs and dirtbikes Thursday afternoon by selling three of the machines before a crowd of cheering onlookers.
Customers and industry notables thronged to the inside of Malcolm Smith Motorsports, his massive Riverside, Calif., dealership to see what had been well-publicized through various social networking websites, the Internet and a national newspaper.
"You all going to visit me in jail?" Smith, 68, asked the gathering after it erupted into applause when he was introduced. He went on to explain the reasoning behind his decision to hold what he was calling the Kids Love 2 Ride Protest.
Smith said he wanted to publicize his frustrations over the law which went info effect Feb. 10, after he found himself telling a customer that he couldn't sell her a child's dirtbike, nor could he sell any children's protective gear or parts for the dirtbike.
The law was not very well thought out, he said. As an example of how ridiculous he believes the new regulations to be, he pulled out a bag of lead split fishing sinkers that he purchased at a sporting goods store down the street from his shop. Anybody could go in and buy them, he said, and most of the time people use their teeth to clamp them down on the fishing line.
Smith joked that his next attempt to get publicity for the issue is to pull the motorcycling version of the Boston Tea Party. He plans to commission some bikini-clad girls to load one of the little banned bikes onto the back of a Sea-Doo, take it out to the Port of Long Beach, tow it around for a bit and then dump it into the harbor.
Smith said that following the protest sale, anybody wanting to buy one of the banned youth machines could come in and leave a $100 deposit. Once the ban is lifted he or she'll get the bike at dealer cost.
The motorcycling legend then sat down at a table set up in the middle of the dealership, and went over the sales documents for the vehicles one at a time. A trio of Smith's industry pals, racing and industry luminaries — Jeff Ward, Troy Lee and Bud Feldkamp — had lined up as buyers in Smith's act of civil disobedience.
Feldkamp, the owner of Glen Helen Raceway in San Bernardino, Calif., signed on to buy a youth quad for his grandson, Luke. As a friend of Smith's for 40 years, he has always known him to be very conservative and soft-spoken, so he was shocked when heard about the protest sale and about how mad Smith was about the situation.
"I think that when standing up for your rights … you can't just talk about it, you have to live it," Feldkamp said.
Ward, whom Smith has known since the racer was a small kid, said that because he's a father the issue is very close to him. What's happening is completely wrong, he said.
"This is the step that we need to take. More dealerships need to follow suit."
The dealership had something of a festive quality to it during the event with children marching around hoisting protest signs into the air. One read "What's next, recess? Let me ride." Another small boy wore a T-shirt that read, "I promise not to eat it. I just want to ride it."
There was also a fax machine set up at the entrance to the dealership where customers could fill protest letters that were immediately transmitted directly to the offices of CPSC commissioner Nancy Nord, U.S. senators Diane Feinstein and Barbara Boxer, both from California.
Smith figures he’s lost at least $5,000 in net profit since Feb. 10, on lost revenues of more than $30,000 for units and parts and riding gear that he couldn’t sell. The Motorcycle Industry Council estimates that the ban could cost the industry $1 billion this year, and Dealernews magazine estimates there is more than $100 million of unsold inventory sitting in dealer storage areas.
Smith currently has about 45 kids' units in his storeroom. In 2008 Smith sold about 1,300 total units, an off year, and rang up about $20 million in revenues. Malcolm Smith Motorsports won this year's Top 100 Grand Prize.
In speaking before Smith's public protest, racing champion and Husqvarna's national sales manager, Scot Harden, told the crowd that Smith was really hanging it out there by selling the machines, especially considering the possible consequences. Harden, who was wearing a shirt emblazoned with the slogan "Free Malcolm Smith," said that he predicted the law was a precursor to further legislation targeting the motorcycling industry.
"This is a case of the federal government gone crazy," Harden said. "Common sense has to prevail. True freedom has to prevail."
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Comments from our Readers
Helmut Clasen / Dundas, ZZ, CANADA
Posted 2009-03-20 09:11:18.0
Step by step the government is taking responsibility away from parents. Absolute dictatorship is not far away. Sabotaging freedom of choice.
JD / Somewhere, OH, UNITED STATES
Posted 2009-03-20 09:42:42.0
Good for Malcolm, it's great to see someone with that high an industry profile standing up for the rights of dealers across the country. This ban needs to be lifted immediately, and the government needs to take a "common sense" approach to this - and all other matters - moving forward.
Gary Surdyke / Festus, MO, UNITED STATES
Posted 2009-03-20 09:49:57.0
Malcolm has been a role model for me ever since "On Any Sunday" the movie in 1971. He still is. My family and I are with you all the way. Our govennment has gone nuts.
forever2wheels / UT, UNITED STATES
Posted 2009-03-20 09:58:44.0
AMEN!!! Its what we need to see an indiviual with some "BALLS" stand up to our so called Goverment for the people by the people. More like for the people by the select few.. Peloski, boxer, etc etc
Posted 2009-03-20 10:33:42.0
Way to go Malcolm!
Brett Hardy / Brainerd, MN, UNITED STATES
Posted 2009-03-20 11:37:12.0
Excellant work, Once again Malcolm Smith shows why he his a hero to many of us.
Posted 2009-03-20 16:50:42.0
This law is complete crap. It needs to be rid of imediatly. I've been riding since 9 and have not had one problem. If you're going to be taken out... you're simply going to be taken out. Wether it be on a motorcycle or not. Might as well be doing something you love.
Mike / Las Cruces, NM, UNITED STATES
Posted 2009-03-21 10:21:36.0
Malcolm has always made hard things look easy. Someone needed to do this, and Malcolm made a career out of doing what others couldn't or wouldn't.
Glenyce / Vancouver, WA, UNITED STATES
Posted 2009-03-22 10:50:15.0
Thank you, Mr. Smith. Our ABATE Chapter backs you 100%. We want to preserve the Freedom to Ride for our children and grandchildren. Our grandchildren love to ride with us. It is good to see a businessman joining the fight! Thanks again.
Bob Sackett / Anaheim, CA, UNITED STATES
Posted 2009-03-22 21:46:11.0
Malcolm, Thank you for your support of our sport and our way of growing our children and grandchildren into fine upstanding citizens. I've enjoyed my many experiences watching and participating with you in off-road and road. As a member of the O.C.Dualies and Desert Vipers M/C's and as a former District 37 Dual Sport Legislative Officer, I commend you and am honored to support you in your fight. Let me know where and when you need help with legal fees. Very Sincerely, Bob Sackett
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Customers and industry notables thronged to the inside of Malcolm Smith Motorsports, his massive Riverside, Calif., dealership to see what had been well-publicized through various social networking websites, the Internet and a national newspaper.
Smith said he wanted to publicize his frustrations over the law which went info effect Feb. 10, after he found himself telling a customer that he couldn't sell her a child's dirtbike, nor could he sell any children's protective gear or parts for the dirtbike.
Smith joked that his next attempt to get publicity for the issue is to pull the motorcycling version of the Boston Tea Party. He plans to commission some bikini-clad girls to load one of the little banned bikes onto the back of a Sea-Doo, take it out to the Port of Long Beach, tow it around for a bit and then dump it into the harbor.
The motorcycling legend then sat down at a table set up in the middle of the dealership, and went over the sales documents for the vehicles one at a time. A trio of Smith's industry pals, racing and industry luminaries — Jeff Ward, Troy Lee and Bud Feldkamp — had lined up as buyers in Smith's act of civil disobedience.
The dealership had something of a festive quality to it during the event with children marching around hoisting protest signs into the air. One read "What's next, recess? Let me ride." Another small boy wore a T-shirt that read, "I promise not to eat it. I just want to ride it."
In speaking before Smith's public protest, racing champion and Husqvarna's national sales manager, Scot Harden, told the crowd that Smith was really hanging it out there by selling the machines, especially considering the possible consequences. Harden, who was wearing a shirt emblazoned with the slogan "Free Malcolm Smith," said that he predicted the law was a precursor to further legislation targeting the motorcycling industry.
Posted 2009-03-20 09:11:18.0
