Biker Profiling Bill

Motorcycle enthusiasts in any given year will lobby and go to the mat on legislation issues that affect their hobby in the Northwest.

In Washington state one such bill was SB 5242  —  known as the biker profiling bill – it recently passed into law.   The bill prohibits singling out bikers for police stops without a legitimate reason. Motorcycle profiling is defined as when law enforcement officers single out people who ride motorcycles or wear biker “clothing,” stopping, questioning, searching or arresting them without legal grounds.

Motorcycle clubs who feel they have been singled out over the years see this as a major victory.  However, it’s a win for all motorcyclists in a way that the media isn’t really talking much about. Let me explain.

You might recall that I blogged about the NHTSA who recently made funds available to state, county and local law enforcement agencies to run “motorcycle only” checkpoints. The funds were recently applied for and granted in Florida, and as you can imagine during Daytona Bike Week there was a motorcycle only checkpoint in operation and the bikers-as well as the AMA- went ballistic.

Under the new Washington State law this supposedly cannot happen. Washington State Police (WSP) has stated that although they would not have applied for the funds regardless, that would not have stopped sheriffs and city law enforcement from applying. However, under the new bill they cannot … until someone decides to run county or city legislation to override the state law…

UPDATE: May 16, 2011 – Interesting and well articulated alternative viewpoint from Brian O’Neill (LEO) on how SB 5242 targets the wrong folks (police officer training) and this will get in the way of disrupting gang activity in Washington state.

Photo courtesy of Photobucket

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Motorcycle Club Suppression

Imagine for a moment you purchase a new Harley Iron 883.  Before pulling away from the dealer to enjoy a nice spring day ride you slip on a black leather riding vest with a large Harley-Davidson embroidered logo.  Near the bottom of the logo there is a Milwaukee, WI rocker.  Your buddies have similar vest’s and all head out.  Your pleased with the “patch” because it’s public evidence that you’re wearing colors of allegiance to the motorcycle company and it represents a new wind in the face lifestyle.  As your group rolls north up the I-5 corridor you take notice of WSP signaling you to pull over. 

The officer states that your biker “clothing” is a dress code affiliation typical of outlaw motorcycle “gangs” and as part of their early gang identification tactics your name, license number/plate is entered into a new gang watch-list database.

Impossible?  Think again.  Washington state legislators are set to pass an “anti-gang bill” that includes funds for police anti-gang taskforces, increased penalties for gang-related crimes and increased recruitment penalties.  The bill defines a gang as “an association of three or more individuals who share a symbol or name either formally or informally and who’s members participate in a crime.”   Basically a police officer can accuse you of belonging to a gang.  There is no burden of proof and if your name is put into the database you have no due process and there is no judicial overview.  There is no method to appeal – nothing!

What about abuse?  It’s likely.  For example here is a video of WSP taking license plate information from motorcyclists who visited the state capital.  And on a day specifically pre-arranged as the annual motorcycle rights lobbying day (see previous posts at: Giving Bikers A Voice and Expect The Unexpected).  It’s fair to say there is a crucial difference between motorcyclists participating in the democratic process to support motorcycle rights vs. being painted as criminal operatives engaged in a range of criminal activities only because they ride a motorcycle. Imagine the public outcry or media scrutiny if gay-marriage advocates rallied at the capital and WSP “stalked” around attendee vehicles for the purpose of entering licenses into a tracking database?!

Of course there is nothing funny about any of this.  The hard core criminally-committed motorcycle gangs, like street gangs, are primary conduits for the illicit drugs being pumped in the U.S. by the Mexican drug trafficking organizations (DTO).  The consequences of the smuggling can strike anywhere in America.  Undercover work is not a game.  It is an essential part of our national defense against this wave of plunder, violence and corruption. But, have WSP and state legislators reached a point of hysteria with regard to criminal street gangs to allow unchecked power to condemn any three motorcycle riders or riding club affiliation?  Is LE basically executing “color coded” profiling? 

I’m not sure, but I don’t approve of the Black Thursday tactics, I don’t like the potential for anti-gang abuse and I’m not resigned to this riding club suppression law.

Illustration courtesy Australian artist Eamo Donnelly.

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