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MRF Call To Action: anti-motorcyclist profiling resolution

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Where Does Your State Rank?

Last month the Motorcycle Riders Foundation released our first call to action of 2022. The call to action was related to H. Res 366, the anti-motorcyclist profiling resolution in the House of Representatives. Since its release, over 1,600 bikers have taken a moment to click a few buttons and have their voice heard.

One great part about this call to action is that if your lawmaker has already been supportive of the resolution, they get a thank you email. While if your member of congress has yet to act, it explains the issues and asks for support.

We’ve seen great results from this effort. Since the beginning of February, 26 new representatives have signed on as cosponsors!

If there is one thing we know about bikers, they are a competitive bunch. So, to inspire even more engagement, here’s a list of the top 5 states who’ve taken the time to answer the call.

1. Wisconsin – 176
2. Michigan 155
3. New York 136
4. Texas – 124
5. Arizona 118

The map also shows you how many bikers from each state have contacted their member of the House.

If you have already done the call to action, we thank you! But let’s keep the pressure up! You don’t need to do it again, but you can share the link below, forward this email and hit social media. Let’s get as many bikers as we can to take 2 minutes out of their day to spread the word on profiling.

If you want Washington D.C. to address the profiling of bikers click here.

As always, Ride Safe and Ride Free!

About Motorcycle Riders Foundation
The Motorcycle Riders Foundation (MRF) provides leadership at the federal level for states’ motorcyclists’ rights organizations as well as motorcycle clubs and individual riders.
Website: https://mrf.org/

Troublesome news for motorcyclist community in Europe

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Threats from Europe

The last few months have seen troublesome news for the motorcyclist community in Europe. Yesterday, the website motorious.com reported on a new threat to motorcyclists in Paris, France. Officials there are taking aim at motorcycles and using sound pollution as the justification. According to the report, “Paris authorities have been experimenting with sound radars as a way to fight excessive noise pollution in the city. Such devices allow police to pinpoint which motorcycle is emitting more decibels than is allowed, then fine the rider.”

This news for Paris comes on the heels of a Politico report late last year, that the European Commission has plans to dramatically change emission requirements on vehicles. While motorcycles were not included in the initial blueprint, fears are high in Europe. A ban on internal combustion engines “Would be a disaster,” said Michael Lenzen of the German Motorcyclists’ Association.

Don’t forget that in 2020, the Federation of European Motorcyclists’ Associations (FEMA), issued a warning about end-of-life vehicle directives. Such a policy would require the collection and destruction of motorcycles that have come to the end of their life. At the time, Wim Taal, FEMA’s communications officer said, “Inclusion of motorcycles in the scope of the directive could also mean a serious threat to historical motorcycles. These bikes are especially dependent upon available and affordable original spare parts to keep them in working order. And who wants to see old-timers disappear into state approved demolishing facilities?”

The Motorcycle Riders Foundation (MRF) is committed to working with and supporting our partners in Europe. As MRF President Kirk “Hardtail” Willard has repeatedly warned, “Policy ideas that first appear in Europe have a history of popping up in the United States.” The MRF is dedicated to opposing policies that destroy the motorcycling lifestyle. Thank you for your continued support as we fight to maintain our rights and freedoms.

Do you really think it couldn’t happen here?

To read the motorious.com article click here.

To read the politico.com story click here.

About Motorcycle Riders Foundation: The Motorcycle Riders Foundation (MRF) provides leadership at the federal level for states’ motorcyclists’ rights organizations as well as motorcycle clubs and individual riders.
See Website at: http://mrf.org/

National Roadway Safety Strategy Announced

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Thursday afternoon, U.S. Secretary of Transportation Pete Buttigieg announced a new national road safety campaign. The plan, known as the “National Roadway Safety Strategy,” comes in response to increased year over year fatalities on our nation’s roadways. In 2020, an estimated 38,680 people died as a result of a motor vehicle crash. Of those, approximately 9% were motorcyclists’ fatalities.

What is most alarming about the increase in fatalities, is that the total number of miles traveled on our roads decreased during the pandemic. Americans traveled 13.2% less miles in 2020 than we did in 2019, but we saw a 7.2% increase in deaths.

The preliminary numbers for the first 6 months of 2021 are also troublesome. From January through the end of June 2021 an estimated 20,160 people died in crashes. That is the largest number of projected deaths in that time frame since 2006.

To combat this trend the plan outlines five key objectives:

  • Safer People: Encourage safe, responsible behavior by people who use our roads and create conditions that prioritize their ability to reach their destination unharmed.
  • Safer Roads: Design roadway environments to mitigate human mistakes and account for injury tolerances, to encourage safer behaviors, and to facilitate safe travel by the most users.
  • Safer Vehicles: Expand the availability of vehicle systems and features that help to prevent crashes and minimize the impact of crashes on both occupants and non-occupants.
  • Safer Speeds: Promote safer speeds in all roadway environments through a combination of thoughtful, context-appropriate roadway design, targeted education, and outreach campaigns, and enforcement.
  • Post-Crash Care: Enhance the survivability of crashes through expedient access to emergency medical care, while creating a safe working environment for vital first responders and preventing secondary crashes through robust traffic incident management practices.

The recently passed infrastructure bill has components and funding to help achieve some of these goals. For example, $14 billion in new funding was specifically allocated for road safety. The National Highway Traffic Safety Administration also announced plans this week to increase the data it collects on crashes. The agency wants to boost the number of crashes investigated and add additional studies that examine crashes involving medium-duty trucks, pedestrians, and workers who are hit on the road.

We at the Motorcycle Riders Foundation are encouraged to see that the U.S. Department of Transportation is taking a complete view of traffic safety, incorporating multiple factors to make our roadways safer. We also remain committed to the theory of crash avoidance, as a crash that doesn’t happen is always safer than one that does.

To get more detail and read the 41 page report click here.

About Motorcycle Riders Foundation: The Motorcycle Riders Foundation (MRF) provides leadership at the federal level for states’ motorcyclists’ rights organizations as well as motorcycle clubs and individual riders.
See website at: http://mrf.org/

Patriots Motorcycle Ride throughout USA

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by Stuart Price from https://www.fourstateshomepage.com

JOPLIN, MO – Today was an ideal day to spend on a motorcycle, and that’s what a large group of riders did.

A group, that made its only official stop in the state of Missouri, in Joplin.

Hideout Harley-Davidson in Joplin was the one and only stop in the Show-Me State for the Nation of Patriots motorcycle ride.

An event that takes a single American flag on tour throughout the U.S. which starts on Memorial Day and ends on Labor Day.

Roger Beckley, who spent nearly 30 years in the U.S. Army had the honor of bearing the flag through his native state of Kansas.

“I retired in 2009. I’ve been to Iraq, Afghanistan and Kuwait, in today’s world, I don’t know how much respect is still out there for this flag and so when we can put it on a bike and ride it down the road and people see it coming, it makes them think what it is and what’s it stand for,” Says Beckley.

Beckley took an oath to carry the flag to honor the nation’s veterans, the enlisted, and their families.

On Saturday many of these same riders will be joined by others from Arkansas for its next destination, which will be fort smith, before eventually making its way back to Nevada.

This is the 12th year for the event and each year it starts and ends in the same state, this year it ends in Las Vegas.

But veterans aren’t the only riders who take part in the event, so do people like Ryan Mitchell, the regional commander for the Nation of Patriots, who rides with the procession through three of the four states: Missouri, Oklahoma, and Kansas.

He says it’s his chance to serve those that did serve their country.

“Raising money and helping veterans, I’m not a veteran but I do everything I can to help veterans and so this just fills my heart to see all these bikes and all these people show up and raise money to help the veterans that need it, um they’ve already gave us our freedom, it’s time for us to give them their freedom back.” Says Mitchell.

Once the flag makes it back to its state of origin, it’s retired and donated to a worthy veteran or volunteer.

Automated Driving Systems and SMRO Visits

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RIDING FREE FROM DC: Your Weekly Biker Bulletin from Inside the Beltway

­Automated Driving Systems (AKA Autonomous Vehicles)

Late last year, the National Highway Traffic Safety Administration (NHTSA) announced a rulemaking process for developing a “Framework for Automated Driving System (ADS) Safety.” As part of the process public comments were solicited by NHTSA. This week the Motorcycle Riders Foundation (MRF) submitted a 6-page formal letter outlining our thoughts on the development, testing and deployment of ADS.

Building on past submissions to both Congress and the U.S. Department of Transportation, the MRF laid out important priorities that NHTSA should consider. Some of the main topics the MRF highlights include the need to account for the unique attributes and characteristics of motorcycles, cyber security concerns, liability provisions, the role of individual states, the need for public transparency, threats to the protected communication spectrum and the challenges of regulations keeping pace with this technology.

While ADS has promising potential, the devil will be in the details. How this technology is developed, tested and deployed will impact all Americans. We at the MRF will continue to fight to ensure motorcyclists are included in these discussions.

To read the full letter from the MRF to NHTSA click here.

SMRO Meetings Around the Country

January and February are traditionally the busy season for state motorcyclist rights organizations (SMRO) annual meetings. This year many of those meetings have been rescheduled, held virtually or have unfortunately been cancelled all together. While we know these are difficult times, the MRF remains committed to working with our state partners and participating in these events when possible.

In January, MRF Vice President Jay Jackson travelled to Bowling Green, Kentucky to attend the Kentucky Motorcycle Association/Kentucky Bikers Association Freedom Fighters Forum. Also, that month MRF lobbyist Rocky Fox traveled to Austin, Texas for Texas Bikers Legislative Weekend. This event was sponsored by the Texas Council of Clubs and Independents, Region 1 Texas Defenders and hosted at the Veterans Collective facility.

Both events included a number of speakers and elected officials discussing issues important to all motorcyclists. Elected officials from Kentucky included, Secretary of State Michael Adams, State Senator Jimmy Higdon, staff from U.S. Senator Rand Paul’s office and via video message Kentucky Attorney General Daniel Cameron. Slider Gilmore from Iowa even made a presentation in Kentucky! The Texas event included a townhall style question and answer with State Senator Drew Springer. Texas also welcomed leaders in the motorcycle rights movement from California, Illinois, New Mexico, New York and Pennsylvania to Austin. Thank you again to the riders in Kentucky and Texas for including the MRF in these events and working hard to deliver results for riders in those states.

If your SMRO has hosted an event in 2021 please submit your pictures and details to communications@mrf.org so we can share them with your fellow riders across the country!

2020 National Motorcycle Profiling Survey

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The 2020 National Motorcycle Profiling Survey has only 6 questions that are designed to help define the profiling trends so we can focus our resources in the areas that need it the most. Your participation will have a long lasting, positive impact on the community.This survey on average will take 4 minutes to complete.

The information collected in these surveys has been an essential part in lobbying efforts at both state and national levels, and without a doubt provide critical data points for the grassroots activist to intelligently communicate issues impacting the motorcycle community and influence change.

With over 23,000 survey participants from all walks of life, the National Motorcycle Profiling Surveys, with 99% accuracy, has proven that many motorcyclists are being targeted by law enforcement based on appearance. This information was the foundation of the argument that resulted in the Motorcycle Profiling Resolution (S. Res. 154) passing in the U.S. Senate with unanimous consent on December 11, 2018.

CLICK HERE TO TAKE THE SURVEY

Notes:

**NO PERSONAL DATA IS REQUIRED. YOUR PRIVACY AND ANONYMITY ARE IMPORTANT AND RESPECTED. By asking for no more than your zip code, which is also voluntary, there is no personal information to maintain or protect.

**If you or your organization are interested in cosponsoring this survey, or would like to get survey results specific to your state, please contact David “Double D” Devereaux at:
doubled@motorcycleprofilingproject.com

AMA News and Notes December 2019

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National and Regional News

WASHINGTON, D.C. – The National Transportation Safety Board called on federal regulators Nov. 19 to create a review process before allowing automated test vehicles to operate on public roads, based upon the agency’s investigation of a fatal collision between an Uber automated test vehicle and a pedestrian on March 18, 2018, in Tempe, Ariz. The NTSB said the Uber Technologies Inc. division’s “inadequate safety culture” contributed to the fatal crash. the 2017 Volvo XC90 was equipped with a proprietary developmental automated driving system. The vehicle’s factory-installed forward collision warning and automatic emergency braking systems were deactivated during the operation of the automated system. The NTSB said the operator of the Volvo was “visually distracted throughout the trip by a personal cell phone.” The AMA believes that thorough testing of automated vehicles should be performed before they are permitted on public roadways, where they can endanger the lives of motorcyclists, pedestrians and other vulnerable road users.

WASHINGTON, D.C. – U.S. Sen. Tom Udall (D-N.M.) and U.S. Rep. Peter Welch (D-Vt.) introduced companion bills to reform the Renewable Fuel Standard by reducing the harmful environmental effects of the corn ethanol mandate and advancing biofuels that they say reduce greenhouse gas emissions. The GREENER Fuels Act (Growing Renewable Energy through Existing and New Environmentally Responsible Fuels Act) would phase out the corn ethanol mandate and immediately reduce the amount of ethanol in fuel by as much as 1 billion gallons by capping the amount of ethanol that can be blended into conventional gasoline at 9.7 percent. The AMA, the National Wildlife Federation and the Sierra Club support the bill. The AMA objects to increased amounts of ethanol in the nation’s fuel supply, because none of the estimated 22 million motorcycles and ATVs in use in America is certified by the U.S. Environmental Protection Agency to operate on fuel containing more than 10 percent ethanol.

State News

PASADENA, Calif. – The Ninth Circuit Court of Appeals ruled in favor of the Friends of Oceano Dunes, directing the lower court to allow a lawsuit to proceed against the California Coastal Commission and California State Parks. The lawsuit, filed in 2017, claims that the agencies are violating the federal Endangered Species Act by issuing permits and approvals for new dust control measures at the Oceano Dunes State Vehicular Recreation Area. “Dust control” is used to restrict use of the area for responsible motorized recreation. A U.S. District Court judge in Los Angeles stopped the lawsuit in 2017, but the appeals court held that the district judge did not follow the law in the ruling. The lawsuit is against Coastal Commission Executive Director Jack Ainsworth and State Parks’ Director Lisa Mangat.

SAN LUIS OBISPO, Calif. – The Air Pollution Control District decided Nov. 18 to close 48 acres of the Oceano Dunes State Vehicular Recreation Area to campers and off-road enthusiasts. The four-dune area is scheduled to close in January. District officials said the decision was made in an effort to reduce air pollution. California State Parks has pledged to reduce air pollution in the area by 50 percent by 2023. Fencing eventually will be used to restrict access to the area. But signs will be used until approval for the fence is obtained from the California Coastal Commission. The closing means 50 percent less beach side camping.

DENVER – The application deadline is Dec. 2 for the Colorado Parks and Wildlife 2020 Off-Highway Vehicle grants, which combines OHV registration and permit fees with federal Recreation Trails Program funds. Organizations or agencies with management responsibilities over public lands may apply for Good Management Trail Crew Grants or Programmatic Project Grants. Federal, state, local government agencies and nonprofit OHV project sponsors are eligible to apply for grants of up to 100 percent of the project cost. For more information, to download an application or to review the full OHV grant application process, visit www.cpw.state.co.us.

LANSING, Mich. – The AMA, working with ABATE of Michigan, supports S.B. 528 as a fix to the current discriminatory situation Michigan’s motorcyclists find themselves in when it comes to insurance claims. S.B. 1 was signed into law this year, making wide-ranging changes to Michigan’s No-Fault insurance system. Under S.B. 1, a motorcyclist is only able to claim medical expenses up to the cap chosen by the other driver on their insurance policy. These caps can be as low as $50,000 and could potentially fall far short of the expenses incurred by a motorcyclist involved in a crash with another driver. However, the same is not true for drivers and pedestrians who are able to claim medical expenses under their own insurance policies and can therefore chose the cap they feel is appropriate for them. S.B. 528 is a simple legislative fix that allows motorcyclists the same rights as other drivers and pedestrians by allowing them to file a claim under their own insurance policy and no longer be restricted in claiming medical expenses by the choice of a cap made by the other driver.

ALBANY, N.Y. – A bill passed both chambers of the New York State legislature and is waiting for Gov. Andrew Cuomo’s signature that would provide more incentive for the state to repair hazardous road conditions. A. 1235, sponsored by Assemblyman Thomas J. Abinanti (D- Westchester County), and S. 5422, sponsored by state Sen. Timothy M. Kennedy (D-Buffalo), expand the state’s liability for damages suffered by road users due to defects in state highways, if the state Department of Transportation was notified of the defect and failed to repair it. Currently, the state is liable for these damages for part of the year. This bill expands that liability year-round. While bad potholes can be a frustration for drivers, they can be a deadly threat to riders. The AMA supports this bill because it provides a strong incentive for more prompt repairs of road defects and could save motorcyclists’ lives. The AMA urges New York residents to contact Gov. Cuomo, a fellow motorcyclist, and request he sign this bill into law. Click here to contact the governor.

COLUMBUS, Ohio – The state Department of Natural Resources’ Forestry Division bought 1,405 acres to add to the Pike State Forest and double the size of the forest’s All-Purpose Vehicle area. APVs include dirt bikes and ATVs. The state is using State Recreational Vehicle funds to buy 1,005 acres now and the 400 acres next year. The funds come from APV registration fees. After construction, riders will have an additional 40 miles of trails. A shelter house, APV camping area and 4 miles of trails opened at the forest in August.

International News

WARRENDALE, Pa. – Honda has joined the Automated Vehicle Safety Consortium, an international group of car makers and technology companies collaborating on the development of best safety practices for automated vehicles. Honda is the only member of the consortium that also manufactures motorcycles. Other consortium members include SAE International, Ford, General Motors, Toyota, Uber ATG, Daimler and Lyft. The AMA believes that automated vehicles may eventually help make the roadways safer for motorcyclists, but only if the vehicles can adequately detect and properly adjust to motorcycles in their immediate vicinity.

BUCHAREST, Romania – Motorcyclists have been successfully battling plans to enact an environmental tax on all cars and motorcycles. MotoADN, the Romanian member of the Federation of European Motorcyclist Associations, got motorcycles and scooters excluded from the tax, according to a FEMA report. The tax was intended to reduce air pollution in the city. MotoADN argued that air pollution is less affected by motorcycles and scooters than by cars and trucks.

Industry News

IRVINE, Calif. – Erik Pritchard assumed the role of chief executive officer and president of the Motorcycle Industry Council, Specialty Vehicle Institute of America, Motorcycle Safety Foundation and Recreational Off-Highway Vehicle Association of America. Pritchard joined the associations as general counsel in March 2014 following more than a decade supporting the associations as outside counsel on a variety of litigation and non-litigation matters. He was named president of SVIA and ROHVA in 2017. One initiative Pritchard will oversee is the long-term, industry-wide effort led by the MIC to boost motorcycle ridership-more riders, riding more. Details about the plan were announced Nov. 21 at the annual MIC Communications Symposium in Long Beach, Calif.

ROME – Mahindra’s European two-wheel subsidiary is taking over the entire Peugeot scooter division from PSA and plans to introduce seven new scooters during the next two years. Mahindra already held a 51 percent stake in the company. The buyout ends Mahindra’s partnership with the PSA Group, which sells Peugeot, Citroen, DS, Opel and Vauxhall cars.

TOKYO – Kawasaki Heavy Industries has acquired 49.9 percent of Italian motorcycle manufacturer Bimota, through the Kawasaki subsidiary Italian Motorcycle Investment. The remainder of the stock will be retained by B and Motion S.A., formerly known as Bimota S.A. Bimota will continue to be an Italian company, based in Rimini and employing Italian designers and craftsmen. Going forward, all Bimota motorcycles will be powered by Kawasaki engines. In the past, Bimota licensed engines from different manufacturers.

WASHINGTON, D.C. – The Motorcycle Riders Foundation has named Tiffany Cipoletti its director of government relations. In her new role, she will focus on carrying out the MRF’s legislative strategy and provide support for the group’s national motorcyclists’ lobby day, Bikers Inside the Beltway. She will retain her role as editor of American Bikers Journal. As part of the change, the MRF also contracted with JPK Services for membership services, day-to-day accounting, phone services and event support for Bikers Inside the Beltway and Meeting of the Minds.

AMA News

PICKERINGTON, Ohio – The 2019 AMA Legends & Champions Weekend is Dec. 6-7 at the Hilton Columbus Downtown in Columbus, Ohio. The 2019 KTM AMA Motorcycle Hall of Fame Induction Ceremony on Dec. 6 will welcome the Hall of Fame Class of 2019: rights advocate Mark Buckner, off-road racing champion Kurt Caselli, motocross champion Ron Lechien, trials pioneer Wiltz Wagner and museum founder Dale Walksler. On Dec. 7, the 2019 KTM AMA Championship Banquet will honor the national champions in all disciplines sanctioned by the AMA. In addition, the AMA will host its annual AMA Congress on Dec. 6-7, where AMA Commission members will discuss rules governing AMA-sanctioned events. Tickets for AMA Legends & Champions Weekend are available now at http://events.constantcontact.com/register/event?llr=vw9ldxbab&oeidk=a07egk6666t3e98bda6. Tickets also can be purchased over the phone at (800) 262-5646. Reservations can be made at the Hilton Columbus Downtown at https://book.passkey.com/event/49921089/owner/9521521/home.

PICKERINGTON, Ohio – Three U.S. ISDE teams took top honors in their respective classes at the 94th FIM International Six Days Enduro, winning the World Trophy, Women’s World Trophy and Club team divisions. The U.S. Junior World Trophy team finished second place in its class. The United States won its first World Trophy crown in 2016, and all three of its Trophy teams finished as runners-up in 2018. The full story is available at www.americanmotorcyclist.com/american-teams-win-three-titles-at-2019-isde and in the January issue of American Motorcyclist magazine.

PICKERINGTON, Ohio – Get your tickets and make your plans to be at Mid-Ohio Sports Car Course in Lexington, Ohio, July 10-12 for 2020 AMA Vintage Motorcycle Days. AMA members can purchase discounted tickets now at www.amavintagemotorcycledays.com/tickets. AMA members save an additional $5 off the already discounted early bird pricing. AMA members can also call (614) 856-1900 to order their tickets. A fundraiser for the AMA Motorcycle Hall of Fame, AMA Vintage Motorcycle Days showcases classic motorcycles of all makes and styles, and honors the riders who made them famous. Activities at the event include the AMA Vintage Grand Championship, which features road racing, motocross, hare scrambles, trials and flat-track racing. In addition, North America’s largest motorcycle swap meet is packed with parts, bikes and memorabilia from all eras. Bike shows feature some of history’s most beloved motorcycles. Attendees will be entertained by stunt shows, demo rides of current production bikes and live music, while seminars on numerous topics by noted motorcycling experts keep them informed. Non-AMA members and those reserving RV spaces must purchase tickets through Mid-Ohio Sports Car Course. These tickets will be available in December online at midohio.com or by calling (419) 884-4000. AMA Vintage Motorcycle Days is a family-friendly event. Admission is free for children under 12 accompanied by a ticketed adult. Free parking is also available on site.

California: Anti-Gun Joint Resolution Passes Assembly Public Safety Committee

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On Tuesday, March 12, the Assembly Public Safety Committee was scheduled to hear anti-gun bills, AB 12, AB 276 and AJR 5. AB 12 and AB 276 were both pulled from the agenda and are expected to be rescheduled for a later date. AJR 5 passed by the Committee and is eligible for third reading on the Assembly floor at any time.

Please contact your State Assembly Member using our TAKE ACTION LINK below urging him/her to OPPOSE AJR 5.

https://act.nraila.org/actions/campaigns/5874

Assembly Joint Resolution 5,  sponsored by Reggie Jones-Sawyer (D-59) would urge the federal government to adopt universal firearm laws using California as an example. California is far from the example when it comes to firearm laws. Lawful gun owners must navigate a maze of gun laws that are ever changing. Each year the legislature considers numerous proposals that continue to place additional restrictions and costs on lawful gun owners while ignoring the fact that criminals are already ignoring the hundreds of laws on the books.

Continue to check your inbox and the California Stand and Fight webpage for updates on issues impacting your Second Amendment rights and hunting heritage in California.

JOIN NRA – https://membership.nra.org/Join/Annuals/Prospect

National Rifle Association of America, Institute For Legislative Action.

Motorcycle Profiling is Official Daytona PD Policy

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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