ABATE of the Black Hills Served with Cease and Desist
A collection of false statements preceded an irregular meeting culminated in the erosion of trustworthiness of the organization
John Dale's membership in ABATE of the Black Hills is unclear due to the haphazard invocation of process by the ABATE of the Black Hills Board of Directors. He looks forward to receiving clarification that he is a member in good standing and in seeing, in his opinion, the dubious behavior of the ABATE of the Black Hills Board properly and legally evaluated and reconciled.
Spearfish, SD: ABATE of the Black Hills is a non-profit company headquartered in Sturgis, South Dakota. After being evicted from their former meeting location, they possessed the VFW in Sturgis to hold their regular (and irregular) meetings.
Requests to share motorcycle safety and profiling information with the chapter were denied. Requests that the President of the chapter ask for declaration of conflicts of interest were denied. The organization seemingly attempted to dictate the employment of one of its members and the board's personal grudges seem to have affected the board's willingness to follow the rules of its own bylaws.
After member John Dale attempted to use Robert's Rules of Order to flush out the reasons for the censorship of this article, the board reacted poorly, ignoring the recommendations and rules of its own bylaws, then attempting to excommunicate one of its most promising up-and-coming members.
A secret meeting was held by the board wherein a "color of law" vote was held to expel member John Dale based on what John Dale claims are false pretenses. Was this done in order to facilitate, encourage, or secure donations to their non-profit organization? Mr. Dale thinks it is worthy of some investigation by neutral parties to sus-out the facts and correct misunderstandings.
"The moment the board held an irregular meeting without convening an impartial committee and without properly notifying me of the charges and providing me an opportunity to defend myself, it was obvious to me that the board was morally bankrupt, ignorant, or outright corrupt in my view, and I was unwilling to participate in some color of law proceeding designed to bring me to heel. I'm already a very good dog, thank you very much."
After the production of a video calling the board out on its actions, the board shape-shifted into damage control mode as the video caught the attention of the state board and other ABATE chapters within the state of South Dakota who likely did not want the ABATE of the Black Hills actions to anchor the organization to the stigma of corruption.
Below, you'll find the cease and desist that was served to ABATE of the Black Hills Board during a regular meeting. Just prior to that meeting, the board held another irregular meeting masquerading as an official hearing to consider John Dale's expulsion in Mr. Dale's view. He comments.
"In my opinion the ABATE of the Black Hills board has no idea what it is doing and is blissfully unaware of the reasons why Robert's Rules of Order are required in the bylaws of their own organization. Spoiler alert - it is specifically to avoid the type of corruption that I'm seeing out of their board. I will be happy to attend a hearing in defense of their claims that follows an investigation by an impartial committee should a recommendation be made to expel even after a good faith investigation. I have zero trust and faith in the board to follow the rules and conduct an impartial assessment of our situation. As I read the Robert's Rules of Order, the board should also schedule the hearing at a regular meeting that also has a corresponding agenda item that is clearly communicated to the entire membership in advance. Since this process was not followed - a valuable lesson for other ABATE chapters - legal action may be necessary to restore my reputation since the board's obstinate disposition seems to indicate they will not acknowledge that mistakes were made on their part."
After John Dale's service of his cease and desist, the board responded with a letter again misrepresenting material facts of the matter including implying that the validity of the method of delivery of the cease and desist notice that was provided to the board during a regular meeting in person and on video lacked efficacy. In John's view, the actions of the ABATE of the Black Hills Board has "injured the good name of ABATE", has painted ABATE as a corrupt totalitarian organization, has "disturbed the well being of its membership", and has "hampered it in its work." In what Mr. Dale considers a primary feature of their actions - secrecy - the letter sent to him by the ABATE of the Black Hills board was that the matter was not resolved in secret. John Dale continues.
"What do they have to hide? In my view, they have behaved like real turds. My Grandma would have called them chicken-shits I'm sure. Now, instead of taking responsibility and apologizing like grown-ups for the good of ABATE, they're trying to fling their own proverbial excrement onto me. Robert's Rules of Order were not followed, and this is the reason for the discord! I've created a timeline of events in this matter clearly identifying several misrepresentations of material facts. In addition to a cease and desist notice served to the board in person, I'll be forwarding the timeline and relevant information to an attorney. In my opinion, the board is not paying attention or willing to take account of their reprehensible and possibly illegal conduct. I will ask that my attorney, if he sees efficacy in my claims, draft a complaint on my behalf to the Consumer Protection Board of the Office of Attorney General of South Dakota. If ABATE of the Black Hills status as a non-profit could be revoked if an investigation finds them in error in this matter, I would be sad for ABATE, but happy for future members who might be subjected to such tyranny in my view."
Mr. Dale volunteered dozens of hours recruiting affiliate members, attending state meetings, providing entertainment at events, and providing feedback and help on the chapters website. He laments the way things are turning out, but he has optimism that standing up to what he thinks are bullies will inspire others to do the same. He remains optimistic that, despite this painful moment in the organization's history, taking actions as such will eventually improve the reputation of ABATE chapters across South Dakota.
"I love the mission of ABATE and its history as an organization that champions individuality and other important motorcycle issues. I love riding, but I don't want to be part of a Motorcycle Club. I am already civically engaged, communicating regularly with my friends, family, elected representatives, and administrative staff about important issues for South Dakota. ABATE was a great fit, and I simply don't understand why all this hateful and dark energy is directed my way. I've been put into the unenviable position where doing nothing will soil my reputation because of some false claims bye ABATE of the Black Hills Board. My mom always told me to stick up for myself. So, that's what I am going to do to honor her memory. We were very close."
Below, you'll find the contents of the cease and desist notice served by John Dale in person to the ABATE of the Black Hills Board during a regular meeting at the VFW in Sturgis, South Dakota.
To: ABATE of the Black Hills Board of Directors
PO Box 761
Sturgis, SD 57785
09/26/2024
To Whom It May Concern;
In a letter received by John Dale from the ABATE of the Black Hills Board (BH Board) on 9/6/2024 several false claims have been alleged about John Dale that have damaged his reputation within the ABATE of South Dakota (ABATE SD) and ABATE of the Black Hills (BH ABATE) organizations (ABATE). The defamation of his character has interrupted his work, damaged his reputation to other ABATE members, and damaged ABATE's reputation.
The claims are as follows:
Item 1 - Using the name of the organization in an unapproved publishing:
In an article written by John Dale located at https://PlainsTribune.com/rf, the following text appears at the top, "by John Dale, ABATE of the Black Hills Member." John Dale's membership in BH ABATE is a statement of fact and does not legally imply endorsement of his writing by BH ABATE or ABATE SD. The publication PlainsTribune.com is wholly owned and controlled by John Dale, not BH ABATE or its affiliates, so no endorsement of the content is neither stated or implied. The First Amendment of The Constitution prevents ABATE from prohibiting John Dale from exercising his Free Speech on his own website in matters of fact such as his membership in BH ABATE. At the time of the writing of his article, John Dale was a member in good standing of BH ABATE and any demand under threat from ABATE to remand this statement of fact is a civil rights violation of John Dale's right to speech guaranteed in the First Amendment of the US Constitution. The fact that a BH Board member believes John Dale needs its approval before publishing represents a gross misunderstanding of US Law, and reflects a surprising overstep in leadership for a rights advocacy organization like ABATE. Cease and Desist immediately from asserting any claims that John Dale does not have the right to publish facts as per in any of the publications he owns.
Item 2 - Conducting a survey without the permission of the ABATE of South Dakota at the Whitewood Social:
While attending the Whitewood Social, a networking event for ABATE members from around the nation, John Dale engaged in conversations with members of other chapters from several other States. In total, he spoke with 12 people about the same two issues in what amounted to an informal survey of the thoughts and feelings of other members from other chapters in other states. It defies credulity to assert that ABATE has the authority to prevent such conversations between members in good standing as there is no reference to restricted speech guidelines in ABATE Bylaws. As per the ABATE SD Bylaws in Article II on the first page, the stated purpose of ABATE is to "promote communication." In making its restrictive statement, BH ABATE demonstrates it does not understand this central feature of ABATE SD Bylaws, which govern and supersede BH ABATE Bylaws. None of John Dale's conversations were recorded on paper as survey results, but John Dale did keep a mental count of the feelings and opinions of his fellow members in good standing. In the August regular meeting of BH ABATE, John Dale attempted to add an item to the agenda in accordance with Robert's Rules of Order to share information about these conversations, referring to it as an "informal survey." In the midst of hostility exhibited toward John Dale from the BH Board, the proposed agenda item was voted down unanimously by the membership in accordance with Robert's Rules of Order. John Dale accepted those results and thanked the membership for following the process immediately after the vote. John Dale never represented to anyone that he was conducting an official survey or that he was acting on behalf of ABATE. Cease and Desist immediately from asserting that John Dale was not acting in accordance with ABATE Bylaws, The laws of the United States, or in accordance with common standards of good character in conducting these conversations with other members of ABATE at a social event created and held explicitly for the purpose of communication, information exchange, and networking.
Item 3 - Harassing emails regarding financial compensation for services not approved by all Members:
The referenced emails provided to the ABATE of the Black Hills board were politely and respectfully construed. John Dale's emails politely and respectfully responded to assertions made in an email that was originally sent to him by Susan Lettau, Treasurer and Membership Secretary of BH ABATE. The contents of this email exchange have been formatted for readability at the following website: https://plainstribune.com/bh-abate-leadership-communication/email.html. Original versions of these emails can be provided upon request. In addition, upon politely and respectfully requesting the latest versions of the Bylaws for ABATE SD and BH ABATE via email from Susan Lettau, John Dale was refused multiple times and then questioned! BH ABATE Bylaws clearly state that the chapter is supposed to provide a copy of its Bylaws to every new member. Emails sent from John Dale to the BH ABATE board do not rise to the level of Harassment. John Dale did not request compensation, but pointed out that the Bylaws of BH ABATE allow the chapter to compensate anyone, including members if it chooses. Cease and Desist immediately from assertions that John Dale's communications with the ABATE of the Black Hills board rise to the level of Harassment or that John Dale specifically requested compensation of any kind from ABATE.
Item 4 - Violation of ABATE SD and BH ABATE Bylaws by the BH Board, using Color of Law to sow discord:
The ABATE SD Bylaws clearly state that Robert's Rules of Order are used to govern processes that are not covered in the Bylaws. According to the Bylaws, expulsion of a member should occur at a regular meeting wherein the member under accusation may defend himself against the allegations. In violation of the spirit and intent of Robert's Rules of Order, and in opposition to ABATE SD Bylaws, the BH board conducted an irregular meeting wherein new Board members were misled regarding John Dale's actions, intentions, and character, creating discord between John Dale and other members. Cease and Desist immediately from opposing the Bylaws of ABATE SD and BH ABATE and thus creating undue discord between other members, new Board members, and John Dale.
Item 5 - The letter received by John Dale on 9/6/2024 from the BH Board claims that John Dale's effort to add his mother's picture and funeral fundraising information to his tip jar at the 2024 Whitewood Social was not proper etiquette, or that John Dale has only a personal financial interest in his membership with ABATE.
John Dale volunteered 6 hours of his time playing music for past events not including rehearsal, travel, and planning. He requested permission at BH ABATE regular meetings let a tip jar. Permission was granted. John collected $9 in tips in return for his 6 hours of volunteerism. John Dale never complained or requested any additional compensation from ABATE. John Dale received accolades for his musical volunteerism and President Darlene Gilby asked John Dale to play again at the 2024 Whitewood Social. having lost his mother closely prior to the event funeral costs were immediately debilitating to his family. In lieu of his normal tip jar location, at the event John politely asked Vice President Dianne Hendrickson if he could place his tip jar affixed with a funeral fundraising flier along side the 50/50 container at the Vice President's table. The Vice President's response was, "Well that's ballsy." After two years of volunteerism, John thought it best to leave the event without playing music to avoid an emotional scene (he and his mother were very close and he felt his mother's memory had been disrespected). John never complained about these events to anyone in ABATE or asked for enrichment beyond changing the label on his normal tip jar and asking to relocate his tip jar on the 50/50 table. Cease and Desist immediately from making claims of uncouth or inappropriate behavior on John Dale's behalf regarding his mother's funeral costs.
Item 6 - The letter received by John Dale on 9/6/2024 from the BH Board claims that John Dale did nothing to follow the prescribed process to have his motorcycle safety and profiling issue heard at the ABATE SD Board meeting. It also claims that he did not follow proper protocol for the BH ABATE to allow him some time to review the contents of his discoveries regarding motorcycle safety and profiling in a regular chapter meeting.
In the August 2024 meeting the BH board became unreasonably hostile toward member John Dale after he asked that Conflicts of Interest be declared at the beginning of the regular meeting, in accordance with Robert's Rules of Order. The Bylaws of ABATE SD clearly state that the purpose of ABATE is to "make roads safer for motorcycles" and to "promote political involvement for motorcyclists" and to "warn our membership against adverse motorcycle legislation." John Dale surmised that a Conflict of Interest might explain the BH Board's behavior toward his sharing of relevant motorcycle safety and profiling information. John Dale's authored article is in accordance with the stated goals of ABATE SD and BH ABATE Bylaws, so in censoring the contents of the article the BH Board was acting in opposition to its own Bylaws. Cease and Desist immediately with censorship of safety and profiling information communicated by John Dale to his fellow members of ABATE. John Dale is a member of ABATE in good standing and the BH Board's censorship of his work is in opposition to ABATE Bylaws relating to communication, brotherhood, safety, and profiling.
Item 7 - The letter received by John Dale on 9/6/2024 from the ABATE of the Black Hills Board, claims that John Dale sought personal enrichment, that he didn't willingly volunteer of his own free time for the ABATE, and that he expected compensation.
John Dale willingly volunteered his own time and asked for nothing in return save the afore mentioned tip jar which was approved and supported by the BH Board before the 2024 event which featured his mother on the jar. He never expected compensation. He never sought personal enrichment beyond what is allowed in the Bylaws of ABATE where it clearly states that "[The purpose of ABATE of the Black Hills] is to hire and employ agents, servants, and employees" and to "carry out contracts of every kind and character." Cease and Desist making any assertions that John Dale did not act in accordance with ABATE Bylaws and that he didn't willingly volunteer his time to the benefit of BH ABATE or that his participation in ABATE is solely for his own personal enrichment.
Sincerely,
John Dale
239 W. Jackson Blvd.
Spearfish, SD 57783
605 644 7337