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Lit_Match

Motorcycles, medical marijuana and Myspace
2-02-08|ClutchandChrome.com

Its a story of motorcycles, free speech and a judicial system gone astray.

The drama, worthy of a daytime soap opera is playing out just south of Portland in the town of Dallas. With a population of approximately 15,000, Dallas is the County Seat of Polk County and the official website describes the community as 'rich in history and heritage. In the midst of vibrant growth, Dallas offers excellent schools, community activities, and commercial & industrial amenities. All with a strong sense of small-town charm.'

The charm of Dallas may be wearing a bit thin for Les Lowen.

Les Lowen (pictured right) led a happy, ordinary life which has been turned upside down by a DUI conviction, his love for motorcycles and some over-zealous cogs in the legal system.

According to Salem-News.com Lowen has tried to serve the probation period handed down for a DUI conviction last year, but faces a changing roster of probation officers.

"In the 8 months I have been on probation, I have seen 6 different probation officers, so it has been impossible to establish any kind of working relationship with my probation officer," Lowen told the Salem-News.

One of the many different probation officers accused Lowen of being in a motorcycle gang because his Myspace page is full of friends who happen to be bikers from around the country.

"Ms. Morse [probation officer] had apparently looked up my MySpace page, and decided that, because I had some people on my friends list that belong to motorcycle clubs, I was a gang member (or at least affiliated). Ms. Morse immediately launched a verbal attack on me, accusing me of being a gang member, or an affiliate, no less than 6 times."

Marty Silbernagel, the head of Parole and Probation in Polk County stands behind the probation officers assertions. "Many of our offenders are regularly checked to see if they have a MySpace account. Several offenders have been in trouble for photos showing them using alcohol, using illegal drugs"

While Lowen's site did not show drug use or illegal activity, it does show his life as a motorcycle rider and features friends he has never physically seen, but they all have a common interest in Harley Davidson motorcycles. By most people's accounts that does not equate to anything illegal. But Silbernagel sees it differently.

"If they have a friend who is a Hells Angel, a group invested in illegal activity, then that is a direct tie to illegal activity."

Unfortunately, Mr. Lowen's problems haven't ended there.

Last year he was involved in a serious motorcycle crash, losing three vertebrae in his back and leaving him with constant neck pain. It was this chronic pain which allowed Lowen to become a legal, Oregon medical marijuana patient. He says it is one of the few things that brings relief to the lingering pain from the motorcycle crash.

But his pain has no sympathy from the Oregon court system in Dallas. The judge in the case allowed no provision for Lowen's pain management, they told him he can not use medical marijuana or he will be arrested and prosecuted. That, in spite of the fact that Oregon voters have not just once but twice to legalize medical marijuana for sick people.

Mr. Silbernagel says medical marijuana is not legal on a federal level, state courts may or may not follow suit with the federal law, but in Polk County, Oregon, he says, they do.

"In Polk County medical marijuana is not allowed by our department staff and if anyone would like to take this up further with the court they can do so."

Lowen says there is no answer in sight, so he simply quit using marijuana and his life is more painful than ever.

The disputes over profiling with networking communities and use of medical marijuana between Lowen and Silbernagel's office has spilled over to MySpace, where Lowen is soliciting help from people to get back on the road.

Silbernagel stands behind the statement. "If he thinks we do not have a right to oppose his views, as stated on his MySpace account, I disagree. Many of our offenders are regularly checked to see if they have a MySpace account."

With no answer in sight regarding the use of medical marijuana Mr. Lowen has simply quit using marijuana and his life is more painful than ever.

The other fight for freedom of speech on public social networking websites however continues.

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