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Oct 10
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Hundreds of drunk scooter riders lost their licenses at Germany’s Oktoberfest this year

By General Posts

21 September 2019, Bavaria, Munich: “NO E-Scooter” is on a sign on the way to the Oktoberfest, next to it there are E-Scooters parked. The largest folk festival in the world lasts until 6 October.

by Zac Palmer from https://www.autoblog.com

Drinking and riding carries the same penalty as drunk driving

Oktoberfest just wrapped up in Munich, and surprisingly, there’s some pretty alarming transportation-related news coming from it. Ride-sharing scooters and drunk party-goers don’t make for a good combination, but that’s exactly what German police had to fend with throughout the 16-day-long event.

According to German news outlet Deutsche Welle, and picked up by The Drive, local police say they caught 414 people riding scooters while under the influence. Of those, 254 riders had their driver’s licenses revoked on the spot. Germany treats scooters the same as cars, so there are serious consequences for not following the rules of the road — similar to America, there are repercussions for drunk driving. What remains unreported is how many accidents or injuries occurred as a result of all the drunk scootering.

German police were on high alert when it came to the scooters, as they were just unleashed on the public in June this year. The numbers are slightly better for folks who were driving an actual car in the city of Munich during the festival. Police found 315 drunk drivers and forced 215 of those to give up their licenses immediately.

Millions from all over the globe attend Oktoberfest every year. Beer is consumed in copious amounts in massive beer glasses known as steins — the only size of beer served in the beer tents amounts to 33.8 ounces. Drinking tasty German beer and singing all day may have given some folks a little too much confidence to pilot an E-scooter home rather than walking like the rest of the crowd. Police did a great job of keeping the scooters from entering onto the Oktoberfest grounds, banning their use during the festival itself.

We’ll leave you with a few fairly obvious words of advice: Don’t drink and scoot at the same time. Traveling at the pace of a brisk jog is not worth losing your driver’s license.

Oct 05
Love0

Hogs & Heifers served eviction notice, owner vows to keep fighting

By General Posts

by Joe Bartels from https://www.ktnv.com

LAS VEGAS (KTNV) — The Downtown Grand is in a downtown dispute with its tenant Hogs & Heifers. Now the bar has been served an eviction notice and a cease-and-desist letter.

13 Investigates has been following the situation since July when owner Michelle Dell was at odds with her landlord over the use of 3rd Street between Stewart and Ogden in downtown Las Vegas.

Ultimately, the parade and gathering went on as scheduled, but then a new issue emerged.

“For me, I’m fighting the fight of my business, I’m fighting for the 40+ people I employ,” said Dell.

Dell says just 5 days after the Patriot’s Day parade and gathering she hosted, she received a 30-day notice to quit her lease.

The paperwork provided to 13 Investigates shows the bar was required to vacate the premises by mid October.

“I made a massive investment, I changed my entire life to be in [Las Vegas] and I have built a thriving business, I have been a solid contributor to our community and I love this neighborhood,” said Dell, who relocated from New York to start her bar in 2004.

On Tuesday, Dell received a second notice which demanded she stop speaking out against the Downtown Grand.

The letter claims Dell has made and continues to make false statements against the Downtown Grand on both her social media accounts and in the news media.

“On the eve of our 14th anniversary, they have sent us a cease-and-desist letter, claiming I am running a concentrated media campaign to disparage them,” said Dell.

A judge will try and sort things out next month when both sides are scheduled to be in court.

According to documents obtained by 13 Investigates, the courtroom confrontation has been building for years.

Lawyers for the Downtown Grand say Dell and her clientele have been less than ideal, writing in court filings:

“H and H has created an unsafe environment that has consistently spilled into the common areas surrounding the bar.”

“H and H routinely uses a megaphone and vulgar language to solicit pedestrians and guests of neighboring properties into its bar.”

“Numerous police and incident reports have been filed, documenting the dangerous events that are permitted and sometimes encouraged by H and H.”

13 Investigates asked Dell about the incidents and while she admits there have been troubles, including bar fights, she and her security team keep the peace and involve police when necessary

A search of online crime reports show at least 30 incidents ranging from disturbing the peace, to assault, and indecent exposure in the 200 block of 3rd Street within the past 6 months.

13 Investigates reached out to the Downtown Grand’s public relations representative but a did not receive an immediate response.

Dell says she is not backing down and she will fight the battle in court.

Aug 03
Love0

Extra staff hired, jail space prepared for Sturgis motorcycle rally

By General Posts

STURGIS, S.D. — Law enforcement agencies in Meade and Pennington counties are hiring more officers, temporarily opening a second jail and keeping a courthouse open seven days a week for the Sturgis motorcycle rally and the hundreds of thousands of free-wheeling visitors it will attract over the next several days.

“We’re already busy,” Sturgis Police Chief Geody VanDewater said before the rally officially began Friday, Aug. 2.

VanDewater wouldn’t say how many temporary officers he hires but said they come from South Dakota, North Dakota, Colorado, Minnesota and other neighboring states. Some are working the rally for the first time while others, like one officer who is returning for his 41st rally, are repeat visitors.

Permanent officers will continue to work 12-hour shifts with no days off during the 10-day event, VanDewater said.

Meade County Sheriff Ron Merwin also hires temporary deputies, mostly relying on the office’s own reserve deputies and officers with Game, Fish & Parks. The Pennington County Sheriff’s Office hired eight deputies from South Dakota and neighboring states and will also have about 10 of its reserve deputies working full-time, said Chief Deputy Willie Whelchel.

The eight temporary deputies are assigned to two-person foot patrols in the office’s contract communities of Wall, New Underwood, Keystone and Hill City, Whelchel said.

The Rapid City Police Department didn’t hire extra staff and isn’t requiring its officers to work overtime as they have in past years, said Captain James Johns.

During the rally, the Meade County court remains open during the weekends and the old jail — located in the basement of the courthouse across the parking lot from the new jail — is reopened, Merwin said. Extra staff from the area is hired to help the corrections officers, but they don’t carry handcuffs or weapons.

The old jail has large group cells made of “old iron bars” and “doors that clang and bang” that hold about 25 people, Merwin said. When people are arrested, they’re first brought to the old jail to be booked and detained until their court date the next morning. Guards take away their belts and shoes for safety reasons, but let them wear their street clothes. If defendants can’t make bond, they’re moved to the new jail.

“Every day, we clean out the old jail and get ready for a new batch,” Merwin said. “It is quite a procedure. It’s been working for years and everybody is pretty conscientious about everybody’s rights, and we try not to do anything different than we do any other time of the year.”

The Pennington County court functions as normal during the rally and while no extra jail staff is hired, workers aren’t allowed to take vacation or do any special training, Whelchel said.
Enforcement priorities

“You name it, we have it here,” VanDewater said about the crimes he sees during the rally.

But he said the most common issues Sturgis police officers deal with are people parking where they’re not allowed to, followed by drunken driving and drug use.

Cars and motorcycles illegally parked in alleys, handicap spots and other off-limits areas are ticketed and towed to impound lots, the police chief said. “If we just leave them there, we’re not fixing the problem.”

“We allow officer discretion. We just ask that the issue is addressed,” VanDewater said when asked if his officers have to let some violations slide since they’re so busy. “We give more verbal warnings than we do citations.”

VanDewater said officers may give warnings to people urinating in public, carrying open alcohol containers and breaking traffic rules by speeding or not wearing a seat belt. But anyone charged with violent crimes or DUIs will be arrested.

“They will go to jail, and we don’t need them hurting themselves or especially someone else,” he said of drunken drivers.

James said most of the Sturgis activity in Pennington County takes place outside city limits, on the highways, and in Wall and the Mount Rushmore areas. Rapid City officers are mostly focused on road safety and noted some popular stores and venues, such as the Harley-Davidson dealership in Rapid City, provide their own security. He said the department’s goal is to make sure things go smoothly and seem normal for those who work and live in Rapid City.

Pennington County deputies focus on traffic safety and stopping drunken drivers as they prepare for six or seven major motorcycle rides that cross through the county, Whelchel said. Deputies make sure they’re visible and stationed around the county so they can quickly respond to emergencies.

“We want to be able to save lives. That’s our goal every day we come to work,” he said.

Whelchel and James agreed that it’s important to distinguish between those who are recklessly breaking traffic laws and those who may make a mistake because they’re tourists who aren’t familiar with the area.

“We got to help educate folks and guide them,” Whelchel said.

James and VanDewater said they’re not worried about how the rally will be impacted by South Dakota’s new law that says permits aren’t needed to carry a concealed weapon. They said officers are already trained to act as if anyone could be armed.

May 17
Love0

Four years later: Twin Peaks survivor hopes to change biker profiling

By General Posts

A Twin Peaks shooting survivor says he trying to rebuild his reputation after he was one of the bikers arrested at the Waco restaurant in 2015.

Friday marks four years since the deadly shootout at the Waco Twin Peaks.

“This was a scheduled meeting,” said Paul Landers.

Landers said he got to the restaurant early that day to set up for a meeting about biker profiling, recent biker legislation and their rights on the road. “That day was different because there were people there that never participated at all in what we do,” he said.

He said he was hanging a banner when he heard the first shots. “Some automatic fire broke out, obviously not small arms fire broke out,” he said.

Nine people were killed and at least 20 were critically injured. If you were there as a biker, chances are you were arrested by Waco Police.

Landers was one of them. “That incident happened 12:30, one o’clock. We were on the hot concrete in 97-degree weather until five that evening. People (were) looking for a restroom. It was total chaos. You don’t know what’s going on, who’s involved. Then we sat on the bus until midnight. I was in handcuff until midnight, plastic cuffs,” he said.

Landers said he spent the next 23 day in jail. He along with 177 others faced felony charges — engaging in organized criminal activity, resulting in murder and aggravated assault.

Charges for Landers were dropped three years after his arrest. In early April, the remaining charges were dropped after a new DA took office.

Landers said his life still hasn’t been the same since his arrest. “I’m not a criminal,” he said.

Before the shooting, Landers said he worked for a well-paying company but was terminated within a week after his arrest. He said the reputation he built as an advocate for biker safety with policy makers at the state Capitol started to diminish. “If you want to single out the bad deed of a couple, but don’t indict the whole group on the actions of few,” he said.

Landers is now part of a civil suit suing the former McLennan County District Attorney, Waco Police and the detective that signed off on the affidavit. He said he’s not suing for financial gain but to prevent bikers from being profiled like he feels they were on May 17, 2015 in Waco.

“Never let this happen again,” he said.

Apr 03
Love0

Prosecutors drop all charges in deadly Waco biker shootout

By General Posts

Prosecutors drop all charges in deadly Waco biker shootout case that left nine dead, 20 injured and 177 arrested

  • Nine bikers from rival gangs died and 20 were wounded in the deadly shootout when rival Cossacks and Bandidos clashed inside and outside Twin Peaks, Waco
  • The deadly shooting happend outside a Twin Peaks in Waco on May 17, 2015
  • Police took away 12 long guns, 133 handguns and found 44 shell casings
  • Some 177 were arrested and 155 charged engaging in organized criminal activity
  • Police officers monitoring the group also fired on the bikers, killing at least two
  • Prosecutors announced today that no one will be convicted for the shootout

No one will be convicted for the 2015 shootout between rival biker gangs in Waco restaurant parking lot that left nine people dead and at least 20 injured, prosecutors in Texas said Tuesday.

In a statement announcing all charges will be dropped in the deadliest biker shooting in U.S. history, McLennan County District Attorney Barry Johnson said any further effort to prosecute the case would be a ‘waste of time, effort and resources.’

‘In my opinion, had this action been taken in a timely manner, it would have, and should have, resulted in numerous convictions and prison sentences against many of those who participated in the Twin Peaks brawl,’ Johnson said.

‘Over the next three years the prior district attorney failed to take that action, for reasons that I do not know to this day.’

The shooting outside a Twin Peaks restaurant in Waco on May 17, 2015, involved rival biker gangs, the Bandidos and Cossacks, and occurred as bikers from various groups were gathering to talk over matters of concern.

Fights and gunfire broke out. Waco police officers monitoring the gathering also fired on the bikers, killing at least two.

Surveillance footage showed many bikers running from the scene and ducking for cover after gunshots rang out.

A smaller number could be seen pointing and firing weapons, slinging a chain or participating in fistfights.

Law enforcement officers recovered dozens of firearms, knives and other weapons from the restaurant and adjacent parking lot, many of which officers organized indiscriminately into piles on the pavement and in the back of a police vehicle, dash-cam video showed.

Law enforcement officials took the extraordinary step of arresting 177 bikers after the shooting, then charged 155 of them with engaging in organized criminal activity. Many were held on a $1 million bond.

Former District Attorney Abel Reyna ultimately dropped charges against all but 24 and re-indicted them on riot charges. Those were the cases that came to an end Tuesday.

Only one case was prosecuted in court and that ended in a mistrial.

More than 100 bikers have filed civil rights lawsuits alleging McLennan County, the city and others violated the plaintiffs’ civil rights by arresting them without probable cause after the shooting,

‘It’s a travesty that so many people were rounded up and then investigated, instead of vice versa,’ Mark Snodgrass, president of the Texas Criminal Defense Lawyers Association, said Tuesday. ‘A lot of these people’s lives were put on hold for four years.’

In a statement, Reyna said he disagrees ‘with the overall result as well as several statements and accusations within Mr. Johnson’s press release; however, it is solely his decision on how to proceed with any case in the District Attorney’s Office.’

Mar 20
Love0

Thousands of Outlaws attend Dayton funeral for Taco Bowman

By General Posts

Illinois, Texas, New York, North Carolina, Wisconsin and Connecticut were among the dozens of states represented Saturday at the funeral of the infamous former international president of the Outlaws Motorcycle Club – known to all as Harry Joseph “Taco” Bowman, at the Montgomery County Fairgrounds.

Police estimate there were more than 2,000 people at the funeral Saturday morning, coming in from all over the world on 1,200 motorcycles and hundreds of other vehicles.

Mark Lovett, a detective in the Columbus Police division’s intelligence unit said he saw patches from England as Outlaws drove in, and the crowd was large because many drove up Interstate 75 from Daytona Beach Bike Week, which is running from March 8 through today.

Lovett has been to more than 15 Outlaws motorcycle funerals in the last 20 years and this is by far the largest one he has witnessed. Even larger than the funeral for Dayton’s Harold “Stairway Harry” Henderson, Bowman’s mentor and one of the last International presidents of the Outlaws, Lovett said.

“This is one of those events that really only happen once in our career, to see something this big,” Lovett said.

Several police agencies and task forces were at the funeral outside of uniform to observe. Most of the funerals are peaceful, Lovett said. But uniformed police and fire departments were ready to respond to any needs, including general health concerns of members attending the services.

“You just never know what’s going to happen at a motorcycle gang funeral. They say they’re not a gang, but they fit the description,” he said.

Members of the Outlaws would not comment to the Daily News Reporters, but they said Bowman is a legacy.

Bowman died March 3 at age 69. He was serving two life sentences in a North Carolina prison after being indicted in Florida on murder, bombing, drug trafficking and racketeering charges. He had previously been a fugitive on the FBI’s Ten Most Wanted list, according to CNN.

The Outlaws were established in 1935 and have 119 chapters including in Dayton, Columbus, East Columbus, Warren, Middletown, Toledo, Sandusky, Canton and Athens, according to its website.

PHOTOS: Thousands of bikers attend funeral for former Outlaw Motorcycle Club president

Mar 07
Love0

Texas Man Charged with Unlawful Carry Solely for Being a Bandido

By General Posts

The MPP has heavily reported on the recent trend of individuals being arrested for possession of handguns merely for membership in a motorcycle club. This includes individuals with no criminal records and License To Carry holder’s. The MPP has even issued a travel warning to motorcyclists traveling through Texas.

One such case against a member of the Bandidos Motorcycle Club (Ashley Becker) in Lubbock, TX continues with a refiling of charges for Unlawful Carry for mere membership in the club, which authorities label a criminal street gang.

Law enforcement and prosecutors should dismiss all such cases in the name of justice because they rely on an unconstitutional application of statute which ignores the basic principle of personal guilt.

Texas Penal Code 46.02, the statute prohibiting gang members from carrying weapons, is being misapplied to individuals simply for being members of motorcycle clubs. Take Ashley Becker, who was originally charged with Unlawful Carry and suspicion of possessing a controlled substance in Lubbock, Texas in 2018. The weapon wasn’t illegal, and no crime was committed. He was arrested under 46.02 for being a Bandido in possession of an otherwise legal weapon. The alleged controlled substance, after being tested multiple times, turned out to be inconclusive.

While prosecutors make no admission that they misapplied statute 46.02, they filed a motion to dismiss. The motion reads, “The interest of justice cannot be served through further proceedings in this matter.”

Although the 2018 indictment was dismissed without prejudice, on February 9, 2019 charges were refilled against Becker on the Unlawful Carry charges. The affidavit identifies Becker’s membership in the Bandidos as the only probable cause for arrest.

Authorities persist despite absurd, unconstitutional interpretation of law.

Despite the fact that their interpretation of statute is unconstitutional and in violation of established state and federal rules of evidence, law enforcement and prosecutors persist in wasting public resources targeting individuals like Becker for participating in Constitutionally protected expression and association. This absurd interpretation of 46.02 would mean that carrying a weapon is unlawful for any individual that is a member of the Bandidos Motorcycle Club, with no other evidence, even with a License to Carry.

“If this seems outrageous, your instincts are correct. The MPP, after conducting cursory research on 46.02, has identified precedent, Ex Parte Flores 483 SW 3d 632 (2015), that clearly articulates how law enforcement is currently misinterpreting and misapplying Texas statute in violation of the basic rules of evidence and the US Constitution.”

“Law Enforcement and prosecutors should immediately cease and desist misapplying Texas statute. Applying Texas Penal Code 46.02 to members of clubs with no criminal records, and even LTC’s, would chill 1st Amendment Association and ignore the doctrine of personal guilt, “a cornerstone of American Jurisprudence.”

In the name of justice, prosecutors in Lubbock should again file a motion to dismiss all charges against Becker, this time with prejudice. Furthermore, prosecutors and law enforcement in El Paso, Dallas, and across the state of Texas should follow suite.

http://www.motorcycleprofilingproject.com

After motorcycle clubs, who’s next?
Everyone should ask themselves, “After motorcycle clubs, who’s next?” Every large identifiable group has individuals that have committed crimes. Should your civil liberties be taken based on the actions of other individuals you associate with even if you had no involvement in criminal activity?

The blatant attempt to disarm the entire community regardless of an individual’s personal involvement in criminal activity will not stop with motorcycle clubs if authorities are successful. Every American should be deeply concerned about this assault on basic civil liberties. Unpopular speech, including unpopular association, is the most important speech to protect. Or so long has held the Supreme Court.

Mar 03
Love0

An Eye on Recent Motorist Rights Court Cases

By General Posts

FROM National Motorists Association https://www.motorists.org

Motorist rights cases have made news and even history recently. There have been so many as of late, we are dedicating two separate newsletters to provide some insight on the legal rulings that are affecting drivers around the country.

This week’s newsletter focuses on recent rulings and pending US Supreme Court and federal court cases. Part 2 next week will outline state court decisions.

TheNewspaper.com, featured prominently in these two newsletters, is a great supplement to the NMA’s Motorists.org site for the latest news and opinions on the politics of driving.

The US Supreme Court (SCOTUS)

Last week’s unanimous decision that curtails excessive government fines and property seizures has provided further impetus for one of the NMA’s primary lobbying initiatives: civil asset forfeiture (CAF) reform. The decision received broad bipartisan praise. Justice Ruth Bader Ginsburg wrote in the ruling that the excessive fines clause is a fundamental restriction that applies to the states under the due process clause of the Fourteenth Amendment. While the SCOTUS decision is monumental, the fight is far from over. Some states still allow the seizure of property from citizens — motorists are prime targets — who have never been charged with a crime. Our work for reform at the federal and state levels continues in earnest.

Additionally, SCOTUS accepted a case in January that will decide whether an unconscious drunk person has given implied consent for a blood draw to determine alcohol level. The case might resolve an important constitutional question: Can state legislatures obviate the warrant requirement by “deeming” that citizens can consent to Fourth Amendment searches without explicitly expressing that consent?

Federal Appeals Court Cases

Judges for the Fifth Circuit Court of Appeals ruled in late January that a person driving a registered vehicle on a public road is not “reasonably suspicious.” Federal authorities appealed a motion to suppress evidence obtained from a border patrol traffic stop in Freer, Texas. The driver turned onto a public road that happened to bypass a checkpoint 50 miles inland from the Mexican border. The U.S. government has declared anything within 100 miles to be under Border Patrol jurisdiction. The Court ruled that turning onto a road that is “known” for smuggling in a truck registered to an individual is not enough to support reasonable suspicion. If it were, then virtually anyone driving within 100 miles from the border could automatically be deemed suspicious.

In December, judges in the Eighth Circuit US Court of Appeals ruled that it is appropriate for officers to use force to ram a driver with an expired registration sticker off the road. The driver sued the Arkansas state trooper for using excessive force and a US District Judge agreed with the plaintiff that the officer was out of line. She felt that at the time the trooper turned on his lights to make the stop, she could not reasonably do so on the shoulder which was unlit, dark and narrow. She continued to drive 20 mph under the speed limit for 42 seconds to find a safer spot, but after she passed an exit the trooper used a precision immobilization technique (PIT) maneuver to push her vehicle into a ditch. She and her young daughter were both injured. The Appeals Court sent the case back to the same district judge who now must determine if the lawsuit can proceed on the basis of malicious intent.

In early February, the Ninth US Circuit Court of Appeals ruled that police do not need a reason to place American citizens on a ‘Suspicious Person’ list. Judge Milan Smith wrote, “Tips and leads required only ‘mere suspicion,’ a lower standard than the reasonable suspicion required for criminal intelligence data and is up to the discretion of law enforcement and other government officials. This case is chilling in the sense that the government can put anyone on the list for not much more than a whim.

The Ninth Circuit US Court of Appeals ruled in January that police cannot demand ID from car or truck passengers without a reasonable suspicion of a crime. The judges agreed that in this Arizona case, the US Supreme Court ruling in Rodriquez v. US, which prohibits police from prolonging a traffic stop by asking unrelated questions, established precedent.

In January, the Eleventh Circuit US Court of Appeals upheld a traffic stop over a fast blinker. Apparently, driving with a turn signal that flashes “too fast” is potentially a criminal act in Georgia. The blinker was actually working properly; the Georgia Code does not stipulate how fast a turn signal should blink, only that all equipment be kept in “good working condition.” The appellate panel suggested that the plaintiff’s blinker was not in compliance because it was in working condition, just not “good” working condition. American jurisprudence at its best.

Check out Part 2 next week when we showcase recent state cases that could impact motorists.

The National Motorists Association is a membership-based organization dedicated to protecting the rights of the motoring public.

Mar 03
Love0

Motorcycle Profiling is Official Daytona PD Policy

By General Posts

Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims.

Chief Capri’s Statement Proves Unconstitutional Practices Are Policy

Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution.

Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015)

Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid.

Exposure To Civil Liability

Motorcycle profiling as a matter of policy implicates the entire Daytona PD at an organizational level. Independent of individual officers and incidents, each profiling stop exposes the Daytona PD as an entity to civil liability. Chief Capri is the highest authority at the Daytona PD and clearly articulates a policy of discrimination and Selective Enforcement. 42 U.S.C. Section 1983 provides:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.“

An Epidemic In Florida

The National Motorcycle Profiling Survey validates the Florida’s profiling epidemic. The 2018 NMPS lists Florida as one of the top motorcycle profiling concerns in America. According to the 2018 NMPS, 65% of Florida survey participants reported being the victims of motorcycle profiling at least once since 2012. These survey statistics are 99% reliable with less than a 2% margin of error. (See NMPS Executive Summary 2018).

Despite promises, Daytona PD has failed to address motorcycle profiling

There is a long history and pattern of evidence establishing that motorcycle profiling is engrained in the Daytona Beach PD. And the Daytona PD has made empty promises when caught with their hands in the cookie jar.

While attending the 2017 Biketoberfest rally in Daytona Beach, Florida, members of the Iron Horsemen Motorcycle Club (IHMC) were the target of blatant profiling and discrimination at the hands of the Daytona Beach PD. The incident, caught on videotape as a result of quick thinking, is irrefutable. The impact on civil liberties motivated the combined efforts of the North Florida Council of Clubs, the National Council of Clubs, and the Motorcycle Profiling Project to immediately respond with a formal complaint and public record requests. These inquiries, based on the video, sparked an investigation into the actions of the officers involved and a review of Daytona PD policies regarding motorcycle clubs, said a source inside of Chief Craig Capri’s office. As a result of the State Attorney’s inquiry, a curriculum was supposed to be constructed and all Daytona PD officers were to be re- trained relating to motorcycle profiling.

Unfortunately, almost 2 years later, motorcycle profiling is alive and well in Daytona Beach. As articulated, motorcycle profiling is still official policy.

A Legislative Solution

Motorcycle profiling is a legitimate national policy discussion. In December, the US Senate unanimously approved S.Res.154 which directs all states to follow the lead of Washington State and Maryland by legislatively addressing and condemning the practice of motorcycle profiling. A prohibition combined with injunctive and actual relief for victims is a simple solution with no fiscal impact. A legislative prohibition would immediately increase exposure to the issue therefore reducing incidents of profiling.

The post Motorcycle Profiling is Official Daytona PD Policy appeared first on Motorcycle Profiling Project.

http://www.motorcycleprofilingproject.com/‘

https://councilofclubs.org