FEDERAL ANTI-PROFILING RESOLUTION INTRODUCED IN U.S. HOUSE
Last December, the United States Senate passed a nonbinding resolution by unanimous consent calling for an end to the discriminatory profiling of motorcyclists by law enforcement, and now the U.S. House of Representatives has introduced an identical bipartisan measure in the 116th Congress, H.Res.255; “Promoting awareness of motorcycle profiling and encouraging collaboration and communication with the motorcycle community and law enforcement officials to prevent instances of profiling.”
Sponsored by Congressman Tim Walberg (R-MI), the anti-profiling resolution was introduced in the House on March 26 to thwart ”the illegal use of the fact that a person rides a motorcycle or wears motorcycle related apparel as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the Constitution of the United States,” as profiling is defined in the resolution’s text.
“Michigan has a strong and vibrant riding community, myself included, that use motorcycles as a source of recreation and transportation,” Walberg said in a statement. “Making sure riders are free from profiling coincides with motorcyclists’ appreciation for our law enforcement community. I’m proud to work with Rep. Burgess on this effort to foster a greater understanding of the issue of motorcycle profiling and ensure our roads and highways are safe for all to enjoy.”
Congressman Michael C. Burgess, M.D. (R-TX) is one of three original cosponsors, among 12 cosponsors from both sides of the aisle, and said that with Texas being home to thousands of motorcyclists, he is committed to advocating for riders both on and off the road.
Walberg and Burgess are also co-chairs of the Congressional Motorcycle Caucus which aims to improve public knowledge of motorcycle issues, promote safety on the roadways, and encourage Americans to enjoy responsible motorcycle riding.
All motorcyclists are encouraged to contact your Congressional Representative and ask that they join their colleagues as a cosponsor of H.Res.255 and help put a stop to law enforcement unfairly targeting motorcycle riders for traffic stops, questioning and citations.
TWIN PEAKS UPDATE — PROSECUTIONS UNRAVEL
It was portrayed in the national press as a gang war shootout at a family restaurant on the edge of a shopping center in Waco, Texas on May 17, 2015, leaving nine bikers dead and more than 20 wounded.
Nearly two hundred bikers were incarcerated in the aftermath of that deadly melee involving police who had surrounded motorcycle club members attending a regularly scheduled Texas Confederation of Clubs and Independents meeting at the Twin Peaks restaurant, raining down a hail of police gunfire.
From the start, lawyers and others pointed out that it was very unlikely indeed that all the 177 arrested had committed any crimes at all, and that the initial $1 million bond set for each of them charged with a blanket crime of “engaging in organized criminal activity” seemed unreasonably punitive. The police strove in the aftermath to keep a detailed account of what actually happened from reaching the public eye, or that of defense attorneys.
Over the next four years, as the cases began moving into the courtroom one-by-one, they each began to fall apart until ultimately only two dozen remained indicted, with not a single successful prosecution to date. The first and only case to go to trial ended in a hung jury and mistrial in November 2017.
McClennan County District Attorney Abel Reyna, the D.A. at the time of the arrests, lost re-election last year, and before leaving office he “dismissed the vast majority of the 154 pending indictments his office sought in the Twin Peaks shootout,” according to the Tribune newspaper. On April 2, 2019, newly-elected D.A. Barry Johnson announced that his office has chosen not to prosecute the remaining 24 cases, calling the way the former D.A.’s office handled the situation “a harebrained scheme” that was “patently offensive.”
“This is a difficult decision which must be made based on the existing facts and evidence in accordance with the laws of this state and in the interest of justice,” stated Johnson.
McLennan County reports that the shootout has run up $1,317,835.96 in total identifiable costs, with nothing so far to show for it, and all the while realizing the final cost is not yet calculated for the defendants and in some cases may never be.
Many of those bikers who’ve had charges eventually dropped, after spending months in jail on million dollar bonds, have subsequently filed civil rights suits, and as of January there were 133 federal lawsuits naming McLennan County, Waco police, the district attorney, the sheriff, police chief and individual officers, charging violations against the 4th and 14th Amendment Constitutional guarantees, plus a number of other civil rights violations.
Texas AIM Attorney Bill Smith will be presenting an update on the Waco situation during the Confederation of Clubs Patch Holders Meeting at the upcoming NCOM Convention in Orlando, Florida, Mother’s Day Weekend May 10-12, 2019 at the Doubletree by Hilton – Universal Orlando.
MONGOLS CASE STILL PRESENTS A THREAT DESPITE PATCH VICTORY
“The recent decision by Judge David Carter in US v. Mongol Nation that the First and Eighth Amendments to the US Constitution prohibits the government’s request to seize the collective membership marks of the Mongols MC, including their club name patch and center-patch, is a victory for all,” writes Kit Maira of Easyriders Magazine in his Biker’s Rights blog. But, he adds; “Beyond the issues of forfeiture, a brand-new strategy to target motorcycle clubs under RICO has been born and legally confirmed. The idea that a motorcycle club can be indicted under RICO as an entity, regardless of other members’ personal guilt, should equally alarm everyone.”
Although the government can’t take a club’s patch, they can seize a club’s property and impose huge fines, he explains, noting that while federal law enforcement spent more than a decade on a failed mission to take away the Mongols’ collective membership marks, their property and patches, they stumbled upon a new theory of prosecution; “determining guilt for an association.”
What element is required to find an association guilty of RICO? An implied connection to leadership is apparently enough. Judge Carter argues that Congress may constitutionally impose criminal liability upon an entity for acts of its agents, even though it’s not necessary for the government to prove that the act was authorized by the entity – thereby setting a very low threshold of proof to establish that an act was committed “at the implied direction of leadership.”
“The Mongol Nation is guilty of substantive RICO and RICO conspiracy,” determined the judge, going on to proclaim that, “The criminal organization is subject to sentencing fines and criminal forfeiture consistent with this Order,” the extent of which will be determined at a sentencing hearing in late April.
“There is no way to predict what the federal government will do moving forward with the newfound strategy of targeting a motorcycle club as an entity under RICO, but there are empirical reasons to believe that whatever strategy authorities employ will not advance civil liberties,’ writes Maira, concluding that; “The Constitution does not seem to be a barrier in the decision-making calculus of authorities’ intent on targeting motorcycle clubs.”
‘LANE FILTERING’ NOW LEGAL IN UTAH
Utah legislators have endorsed lane splitting, or “lane filtering” as it is referred to in HB149, signed into law by Governor Gary Herbert on March 21, making the Beehive State the second behind California to legalize “filtering” through lanes of traffic.
The Utah Lane Filtering Bill does not allow lane filtering on freeways, and only on roads where the posted speed limit of 45 mph or less. Also, the motorcycle can only filter through stopped traffic at 15 mph or less — different from California’s lane splitting law that allows riders to pass moving traffic.
The bill was sponsored by State Rep. Walt Brooks (R-St. George), whom the Salt Lake Tribune reported was rear-ended twice, prompting the ‘safety’ measure. The newspaper further reported that between 2011 and 2017, there were 1,288 incidents of a motorcycle getting rear-ended in Utah.
The bill takes effect May 14, 2019 but contains provisions for the law to expire on July 1, 2022 if the legislature takes no action to extend it.
48 U.S. states, Canada, and a few other countries prohibit motorcyclists from traversing lanes of cars in slow or stopped traffic, though it is common practice throughout Europe and Asia. The only other state currently considering lane splitting for motorcycles is Oregon, HB2314, which like California would allow lane spitting on freeways.
NEW YORK CITY TO IMPLEMENT CONGESTION TOLL
On March 31, 2019, New York state lawmakers approved a first-in-the-nation plan to implement congestion pricing in the busiest parts of New York City, hoping that this new toll will ease traffic congestion during the busiest parts of the day by encouraging people to take mass transit instead of driving a car or, apparently, riding motorcycles
The price has not yet been set, but a trip to lower Manhattan during peak hours may cost $10, and there are no exemptions for any other type of vehicle, though low-income or disabled drivers may be exempt. The city plans to use the revenue to repair their subway system.
These tolls will not go into effect until 2021, so now is the time, New Yorkers, to start making noise to have motorcycles exempted from this toll.
TEXAS LAWMAKERS AIM TO MAKE CHANGES TO HELMET LAW
Legislation is being considered in Texas to make changes to the state’s motorcycle helmet law, aiming to make sure riders who choose to ride without a helmet are still riding legally. House Bill 748, sponsored by Representatives Victoria Neave and Ana-Maria Ramos — both from the Dallas area — would allow police officers to pull over motorcycle riders who are not wearing helmets to make sure they’re following the law. In Texas, you’re allowed to ride without a helmet, but only if the rider is 21 or older, has completed a motorcycle safety course and has adequate health insurance.
The issue the bill aims to fix is that currently police officers are not allowed to pull someone over simply because they’re not wearing a helmet, so that means they’re unable to check to see if the rider is following the rules unless they’re caught breaking another traffic law.
The bill is now in the transportation committee.
NCOM CONVENTION IN ORLANDO WELCOMES ALL RIDERS NATIONWIDE
One of the largest gatherings of motorcycle rights activists in the world will take place in Orlando, Florida as the 34th annual NCOM Convention draws hundreds of bikers from motorcycle rights organizations (MROs) and Confederations of Clubs (COCs), as well as independents and other allied riders from across the country.
This year’s NCOM Convention will be held Mother’s Day weekend, May 10-12, 2019 at the DoubleTree by Hilton – Universal Orlando, and will address such topics as Motorcycle Profiling and “Save the Patch” among the many issues concerning our nation’s motorcycle community.
Agenda items will cover various legal and legislative issues, with additional seminars regarding RICO And Its Effect on Your Organization, Restoring Your Rights, Leadership 101 and “Share the Road” Motorcycle Safety.
A Silver Spoke Awards Banquet will cap off the gathering, highlighted by the recognition of those freedom fighters who have distinguished themselves from within our ranks; Congressman Tim Walberg of Michigan (GOVERNMENT), James “Hollywood” Macecari of Insane Throttle Motorcycle Magazine (ENTERTAINMENT), Jim Wear, founder of the Salute to American Veterans Rally (COMMERCE), with SPECIAL RECOGNITION AWARDS presented to David Duff of ABATE of Iowa, William Bird of ABATE of Florida and Mike Friend of Bikers For Christ. NCOM’s highest honor, the Ron Roloff Lifetime Achievement Award will go to “JR” Reed -1%er of Sons of Silence MC and Smitty 1%er of the Outlaws MC.
For more information, or to pre-register, call the National Coalition of Motorcyclists at (800) ON-A-BIKE (662-2453) or visit www.ON-A-BIKE.com.
QUOTABLE QUOTE: “Yesterday is not ours to recover, but tomorrow is ours to win or lose.”
~ Lyndon B. Johnson (1908-73) 36th President of the United States
ABOUT AIM / NCOM: The National Coalition of Motorcyclists (NCOM) is a nationwide motorcyclists rights organization serving over 2,000 NCOM Member Groups throughout the United States, with all services fully-funded through Aid to Injured Motorcyclist (AIM) Attorneys available in each state who donate a portion of their legal fees from motorcycle accidents back into the NCOM Network of Biker Services (www.ON-A-BIKE.com / 800-ON-A-BIKE).
