Idaho House Unanimously Approves Anti-Motorcycle Profiling Bill

By David “Double D” Devereaux

Grassroots manpower is the most powerful tool in the motorcycle rights movement’s arsenal and motorcycle clubs are a critical component. This power was again demonstrated by the Idaho motorcycle club community and ABATE of Idaho beginning on February 21, 2017 when HO 123, a law prohibiting motorcycle profiling, passed out of the House Judiciary committee with a unanimous do-pass recommendation. On February 27th the entire Idaho House of Representatives voted 69-0-1 (one rep. was absent) in favor of HO 123. Which will now go through the same process in the Senate and, if successful, will ultimately be the third state to send similar legislation to their Governor’s desk to be signed into law.

Manpower and The Public Hearing

Bikers filled every available seat during the public hearing, so the adjacent room was opened up in order to accommodate the overflow. Bikers are one of the most visible constituencies actively utilizing the democratic process through grassroots mobilization. The movement to pass anti- motorcycle profiling laws at the state and federal level is proof positive, and legislators are taking notice.

HO 123’s primary sponsor, Representative Robert Anderst, introduced the bill, emphasizing that the goal was to look forward and improve the relationship between law enforcement and the biking community. Rep. Anderst testified that his support stemmed from the perspective of both a legislator and an advocate. Rep. Anderst is a biker himself, and proudly stands with the motorcycle community.

Anderst said, “We definitely aren’t the caricature sensationalized on TV. Just like any large group, we are made up of individuals … tradesmen to attorneys, truckers to clergy – even a few legislators. What I can say is that the vast majority are hardworking, productive members of society who want to be left alone.”

The Motorcycle Profiling Project travelled from Washington State to offer their perspective based on the Washington law- RCW 43.101.419- that passed unanimously there in 2011. Maryland also passed the law without a no vote in 2016. 1

Although the Washington law hasn’t eliminated profiling incidents, it has reduced them noticeably. “There is no downside,” the MPP told the Idaho lawmakers. “HO 123 simply prohibits motorcycle profiling. … It has no fiscal impact. … It also reduces the state’s exposure to civil liability.2

Rep. tells bikers, “This is your house!”

Rep. Christy Perry, R-Nampa, told the big crowd of motorcycle enthusiasts as she moved to approve the bill, “You had us at hello…This is the people’s house, and you are welcome any time, as is anybody who wants to come in and address their government.”

There is every reason to expect that Idaho motorcycle clubs and ABATE members will again show up to the Capitol in huge numbers in support of HO 123 when it receives a public hearing in the Idaho Senate. The only question remaining is whether Idaho will be the third state behind Washington and Maryland to pass similar laws without a single no vote.

1 http://www.spokesman.com/stories/2017/feb/21/idaho-house-panel-unanimously-backs-motorcycle-pro/

2 Id

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Source:: Idaho House Unanimously Approves Anti-Motorcycle Profiling Bill

Profiling Survey sponsored by the Motorcycle Profiling Project.

The data collected in this survey will help motorcyclist rights advocates throughout the country gather information that is needed to build an effective argument in the request for legislative relief in protecting all aspects of your motorcycling lifestyle.
Moreover, this survey will provide quantifiable up-to-date data from a national perspective, as well as a state and local perspective. This information will help identify the geographical areas that have a higher propensity of motorcycle profiling and discriminatory acts directed towards bikers. This survey will also help identify the core issues and support legislative relief efforts on a state and national level. We would also like to identify the biker friendly areas and share this information with the communities so they can look into the best practices and what is working, and help build a better social environment for all.
This survey will take about 15 minutes to complete. HOWEVER, it will provide a lifetime of benefits.
In its entirety, this survey will run no less than 12 months with quarterly updates published through the sponsors’ websites, the first quarterly update will be released around 1 January 2017

 

Click here to complete this survey.

National Survey

 

national-motorcycle-profiling-survey-featured-image

Recently, the National Motorcycle Profiling Survey 2015-2016 concluded and the results definitively demonstrate that motorcycle profiling is an epidemic in America. Many motorcyclists in America have been targeted based on appearance, not behavior. The NMPS 2015-2016 is 99% reliable with only a 1.4% deviation.

 

The 2016-2017 NMPS is intended to more accurately define profiling trends so resources and attention can be focused on the areas that need it the most. As the movement to end motorcycle profiling continues to gain momentum, statistical data and demographic information are an important tool in the efforts to obtain legislative relief across the country.

 

Please take the time to take the survey. Note: NO PERSONAL DATA IS REQUIRED! YOUR PRIVACY AND ANONYMITY ARE IMPORTANT AND RESPECTED. By asking for no more than your zip code and email, which is completely voluntary, there is no personal information to maintain or protect.

 

Participation is critical and will have long lasting, positive impacts on the community. Remember. Silence is consent.

Click the link below to take the Survey
http://www.motorcycleprofilingproject.com/national-motorcycle-profling-survey/

Maryland Governor signs anti-profiling bill into law

By Richard Lester

MARYLAND GOVERNOR SIGNS ANTI-PROFILING BILL INTO LAW

Hundreds of bikers descended on the State House in Annapolis on Thursday, May 19, 2016 for a historic bill signing ceremony as Governor Larry Hogan signed only the second Motorcycle Profiling measure in the country into law in Maryland.

The motorcycle anti-profiling legislation passed unanimously through both chambers of the legislature, without opposition from law enforcement, and emulates anti-profiling legislation passed in the state of Washington in 2011.

Spearheaded by the Confederation of Clubs of Maryland with the help of ABATE of Maryland, and with assistance from other COCs across the country, HB785/SB233 passed through the legislative process without a single no vote; 47-0 in the Senate on 4/4 and 137-0 in the House on 4/7.

The legislation requires a specified statement condemning motorcycle profiling to be included in police policies and require training of officers on “motorcycle profiling,” defined in the legislation as “The arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual.”

Previously, the COC and ABATE worked effectively against motorcycle profiling and discrimination by passing legislation prohibiting motorcycle-only checkpoints, which also passed the Maryland legislature with unanimous approval, and next on the political agenda will be an equal access bill to prevent anti-biker discrimination in public accommodations, such as No Colors policies by businesses open to the public.

THE AIM/NCOM MOTORCYCLE NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. For more information, or if you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit us on our website at www.ONABIKE.com.

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Source:: Maryland Governor signs anti-profiling bill into law

Idaho COC members sue Eastern Idaho State Fair for civil rights violations

By Richard Lester

The law offices of Richard M. Lester have filed a Federal Court law suit against the Eastern Idaho State Fair on behalf of members of the Idaho COC. The suit was filed in Idaho Federal Court for civil rights violations stemming from an incident where they were told to leave the fair for wearing so-called “gang-colors”.

On September 1, 2013, members of the Brother Speed, Black Hand, Draugr, and Ph*ts motorcycle clubs attended the Eastern Idaho State fair with AIM attorney Michael DeKruif to confront fair personnel regarding the fair’s policy of discriminating against certain motorcycle clubs. The fair has a policy where anyone representing themselves as part of any outlaw/criminal motorcycle gang, or wearing attire that associates them with gang attire, will be asked to leave the fairgrounds. The fair claims that Brother Speed is a so-called “gang”, and that the other clubs are so-called “support clubs.” Rather than removing their colors, the club members decided to leave the fair, and they were given refunds.

In the lawsuit, we are seeking damages and an injunction prohibiting the fair from enforcing such a policy as it violates the members’ rights of freedom of expression, assembly, and due process.

The Law Office of Richard M. Lester, AIM, and NCOM will remain united in the fight for bikers’ rights as we have been doing for over three decades and will continue to do so.

The case is in the discovery phase, with more depositions planned in the near future.

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Source:: Idaho COC members sue Eastern Idaho State Fair for civil rights violations

NCOM Board calls for unity in fight for biker-friendly legislation

By Richard Lester

The Board of Directors of the National Coalition of Motorcyclists endorses and will support any legislation that benefits all motorcyclists starting with the national anti-profiling bill.

It is time for National and State motorcycle rights organizations, along with independent riders, to become a true legislative force. Far too long have the rights of motorcyclists been ignored by the Federal government along with the State legislatures. Everyone must come into the 21st century and become the legislative and voting force of this great Republic.

“If a house is divided against itself that house will not be able to stand”, we will stand.

The National Coalition of Motorcyclists

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Source:: NCOM Board calls for unity in fight for biker-friendly legislation

PRESS RELEASE – NATIONAL COUNCIL OF CLUBS

By admin

2016-02-01_14-10-27

RE: Law Enforcement Associations With The Iron Order MC
Date: 2/25/2016
Contact: David Devereaux- Spokesperson, media@councilofclubs.org

The National Council of Clubs is the largest unifying movement in the history of motorcycle clubs. We represent the voice of thousands of motorcycle clubs across America. These clubs are comprised of riders from all walks of life. The movement consists of Christian clubs, Military Veterans clubs, Clean and Sober clubs, Women only clubs, Child Abuse Assistance Clubs, 1% clubs, riding clubs and many others, reflective of the rich culture and history of our country and the multitude of personal interests available to us all. We are dedicated to defending the political, legislative and legal interests of millions of motorcycle riders across America and of all of our clubs and club members.

There is an irrefutable disparity in the treatment of members of the Iron Order motorcycle club relative to the treatment of traditional motorcycle clubs by law enforcement and prosecutors. The IOMC is comprised of a number of members in law enforcement who have demonstrated a continuously increased level of aggression against members of other clubs. The fact that these law enforcement members, even though they are off duty, can still inflame a situation in their personal time and then pull a badge out to trump their conduct is unconscionable. When local law enforcement is called upon to deal with one of these situations as a result of a shooting or other injury to another biker by an IOMC member, they are confronted with an aggressor with a badge who is usually then given preferential treatment.

This disparity in treatment, substantiated by a pattern of violent incidents involving the Iron Order over the last several years, is an injustice made possible by the club’s direct connections to law enforcement. From the killing of Zack Tipton in Jacksonville, FL to the recent killing of Victor Mendoza at the Denver Motorcycle Expo, a clear pattern of preferential treatment is evident that places the Iron Order and its members above the law. For example, a photograph shows that the suspected Iron Order “shooter” in Denver was taken out of handcuffs and allowed to use his personal cell phone in the parking lot after he shot and killed a biker associated with another club and attempted to kill another.

Compare this to how law enforcement dealt with the Waco tragedy last year, where an incident between a very small group of bikers resulted in the mass arrests and detention of EVERY SINGLE PERSON there with a motorcycle or wearing motorcycle associated attire.

Motorcycle club members from across the nation – from big clubs to small – routinely report that the Iron Order deliberately provoke violent incidents with other club members. These incidents are not the result of the unrelated actions of individuals as is normally the case with incidents involving clubs. Unlike other Law Enforcement Motorcycle Clubs (LEMC’s), the Iron Order seems to be PREMISED on provoking confrontations with other motorcycle clubs for the purpose of initiating deadly force based on the belief that many clubs will not talk to authorities and that when local law enforcement is called in, that nothing will be done.

Like many other disenfranchised classes, many motorcycle clubs have lost their trust in law enforcement. Members have experienced a long history of discrimination and abuse at the hands of some in law enforcement who just don’t like bikers. This attitude is not much different than the conduct of some in law enforcement who just don’t like other people who are not like them. Different religions, different colors, different backgrounds, different languages, different nationalities. In recent years advances in technology, like recording equipment on cell phones, is capturing much more of this inappropriate behavior and discriminatory conduct. Compounding this distrust is the fact that not only does harassment clearly occur against the biking community, but law enforcement members of other clubs take these same attitudes into their personal lives and still use their employment and their badges as some cloak of protection and moral authority. The actions of the Iron Order, because they are tied to law enforcement, tarnishes and further erodes the relationship between law enforcement and the taxpaying citizens they are intended to protect.

LEMC’s like the Blue Knights have publicly condemned the Iron Order and reminded us all that LEMC’s do not normally find themselves in conflicts with other clubs. The Iron Order, and clubs like them, are anomalies in the world of motorcycle clubs. GC Bengal, a member of the Blue Knight LEMC, in a letter to

motorcycleprofilingproject.com, writes:
“As a Blue Knight I don’t support any violence towards any club. The IOMC has had several incidents that make all LEO’s and LEMC’s look bad and, as a LEO, I would never associate with them or support them. Yes, I have a job to do and yes we carry on and off duty because we are LEO’s 24/7. But the Blue Knights do not advocate nor do we really have many issues with other clubs unlike some other so called LEMC’s like the Iron Order.”

This miscarriage of justice is so reprehensible that motorcyclists and concerned citizens in every state should be demanding to know why every law enforcement agency in their state has not publicly condemned the Iron Order and mandated that all officers and employees sever all ties to the organization. It’s time to change the dialog. It’s time for law enforcement to police themselves. The escalating frequency of violent incidents involving the Iron Order must not be allowed to continue under the umbrella of government approval and protection.

The National Council of Clubs

Source:: PRESS RELEASE – NATIONAL COUNCIL OF CLUBS

Thank You

On behalf of not only the MONGOLS MC COLORADO but the entire MONGOLS NATION worldwide we would like to thank everyone for the many expressions of kindness, support and love shown to us during this difficult time. All of your presence this past weekend during our brother Victor “NUBZ’ Mendoza’s memorial service spoke volumes not only to us but to the family of our fallen brother. Again thank you, we will never forget what you all have done for us.

CAT DOGG

MONGOLS MC