Warning – Motorcycle Rights Organizations Seek “Protected Class” Status – Warning!

WARNING – WARNING – WARNING – WARNING – WARNING 

To every American citizen who is concerned about the integrity of the United States Constitution and the safety of your family – please listen up…

The Motorcycle Rights Organizations (MRO’s) with the Motorcycle Riders Foundation (MRF) taking the lead, is actively proposing legislation under the auspices of an “Anti-Profiling Bill” that will literally make motorcyclists a “protected class” of citizen with complete immunity from the rule of law.  YES – that is as articulate and as clearly stated I can form the words to warn you about the deceptive and “entitled” motivations of the Motorcycle Rights Organizations.

MRO placard

American Citizen PLEASE LISTEN TO AN OLD COP WHO IS FULLY AWARE OF THE “BIKER RIGHTS ENTITLEMENT” SHENANIGANS…

Within the proposed “draft” of the Anti-profiling Bill as provided below with the URL, note the following words:

(1) Motorcycle Profiling.- The term “motorcycle profiling” means the practice of a law enforcement agent or agency using the fact that a person rides a motorcycle or wears motorcycle related paraphernalia 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 United States Constitution. 

(c) NATURE OF PROOF.- Proof that the routine or spontaneous law enforcement activities of law enforcement agents in a jurisdiction have had a disparate impact on motorcyclists shall constitute prima facia evidence of a violation of this title.

Do you understand the dire significance of this Bill and its wording AND the the potential risk to the safety of your family and my family?  Have you ever heard of the term “Biker Gang,” 1%er, have you ever seen the criminal statistical data relevant to the biker cult[ure] and their defiance to the rule of law and common decency?

a) In the first paragraph above relevant to an excerpt from the proposed profiling bill, the qualifier for “motorcycle profiling” highlighted in red must be interpreted as “any” enforcement action taken against anyone who rides a motorcycle or wears motorcycle related paraphernalia that is stopped for questioning or interrogation can be considered “profiling.”

b) Under the title “Nature of Proof,” the motorcyclist or person wearing motorcycle related paraphernalia must only prove that the officer’s investigation had a “disparate impact on motorcyclists.”

 Full Definition of disparate (Merriam-Webster)

  1. 1:  containing or made up of fundamentally different and often incongruous elements

  2. 2:  markedly distinct in quality or character

Example: If Joe Bully Biker is operating his 2016 Harley Dyna with an unbaffled, illegal, Vance and Hines LOUD exhaust mechanism and Joe Bully is stopped by Officer Fife for the violation, perhaps cited (hey, it’s possible) and released…  Then Joe Bully Biker goes home and performs a Freedom of Information Act request for all the citations issued by Officer Fife’s Department and Officer Fife for the previous six-months and Joe Bully Biker discovers that Officer Fife has issued ten-citations to motorcycles for muffler violations but no citations to automobiles or trucks; likewise, Officer Fife’s Department has issued several citations for muffler violations to trucks and auto’s but fifty-citations have been issued to motorcycles due to a motorcycle rally event in a neighboring municipality – Officer Fife and his department are up the Civil Law creek without a paddle because their enforcement statistics reflect a “disparate” enforcement protocol with “incongruity” reflected in citations issued to motorcycles, automobiles and trucks!

According to this proposed Anti-Profiling Bill, not only is Joe Bully Biker entitled to seek declaratory and injunctive relief, but Officer Fife and his Department will be held liable for all attorneys fees and related expert testimony fees.

I ASK YOU – LAW ENFORCEMENT DOES VERY LITTLE TO NOTHING NOW TO CURTAIL THE OUT-OF-CONTROL MOTORCYCLE NOISE AND OTHER MOTORCYCLE RELATED VIOLATIONS ON OUR ROADWAYS – WHAT WILL HAPPEN TO MOTORCYCLE ENFORCEMENT PROTOCOL IF THE MOTORCYCLE RIGHTS ORGANIZATIONS ARE SUCCESSFUL IN PUSHING THIS BILL THROUGH TO LEGISLATION? 

Answer: Due to Civil Liability Concerns – our law enforcement community will stop any and all investigations relevant to the motorcycle community – that’s it – the motorcycle community, especially the LOUD Biker Cult[ure] and their gang-related brethren, will be untouchable by the law and our roadways, Interstates and communities will be essentially theirs to do with as they see fit – what can you do?

Please copy the above portion of this article and send it to your State and Federal Representatives – plead with your Representatives to not pass the proposed Motorcycle Anti-Profiling legislation – please, do not permit the “entitlement” mentality of the LOUD Biker Cult[ure] to prevail and thereby have its way with our Constitution and our Civil Liberties – PLEASE TAKE A STAND AND FIGHT THIS UNCONSTITUTIONAL AGENDA BY THE OUT-OF-CONTROL MOTORCYCLE RIGHTS ORGANIZATIONS!!!

Rick Holtsclaw, Houston PD/Retired  See: Concerned Citizens Against Loud Motorcycles – CCALM Facebook

me at lubys

**********************

MRF

See: http://mrf.org/alerts/

 Motorcyclists Unite on Anti-Profiling Bill Language

03/28/2016 11:25 PM | Anonymous member (Administrator)
Motorcyclists Unite on Anti-Profiling Bill Language

Consistent with the Motorcycle Riders Foundation’s (MRF) 2016 Legislative Agenda as voted on by its Sustaining State Motorcyclists Rights Organizations, the MRF has aligned with other national motorcyclists’ rights organizations on proposed federal anti-profiling language. (The full version of the language can be read in a link below.)

The MRF recognizes the importance to all motorcyclists of this much-needed language, and we applaud the hard work of organizations that are addressing this issue legislatively on the state level. The time has come, however, to address profiling on a national level. There is a public misconception that profiling is strictly an issue that affects only motorcycle clubs; in reality, nothing could be further from the truth, as profiling injustices continue to happen across the country to all types of motorcyclists. This issue is a matter of civil liberties, and now is the time to roll up the sleeves and get to work.

To that end, at the most recent Anti-Profiling Action Group meeting in Las Vegas, ranking members from many motorcycling organizations all agreed to support anti-profiling language, including James “Doc” Reichenbach II, Chairman of the National Coalition of Motorcyclists (NCOM), Frank Ernst, Chairman of the NCOM Legislative Task Force, and David “Double D” Devereaux, representing the Council of Clubs and author of this anti-profiling language. Other members of the Anti-Profiling Action Group include the Committee Lead Russell Radke, MRF President Kirk “Hardtail” Willard, Committee Secretary Shelly Holcomb, MRF PAC Treasurer Lenny Holcomb, and nationally known motorcyclists’ advocate Dick “Slider” Gilmore.

As the true “boots on the ground” of motorcycling rights, the MRF is asking each of you to reach out to your federal legislators and ask them to support anti-profiling language. Time is of the essence—we need to know who will support us and who will not by May 1, two weeks prior to our “Bikers Inside the Beltway” national biker lobby day on May 12, 2016.

Please send all responses from your legislators—both those that are in favor and those that are against—to Russell Radke at Russell@MRF.org. Russell will then forward all the compiled information to the MRF’s analyst to compile into a list of talking points for the MRF’s national biker lobby day known as Bikers Inside the Beltway to be held in Washington D.C. on May 12th.

A BILL

To eliminate motorcycle profiling by law enforcement

For the complete language contained in the proposed Anti-Profiling Bill see: http://motorcycleridersfoundation.wildapricot.org/resources/Documents/National%20Motorcycle%20Profiling%20Act%20Draft%202016.pdf

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE:  This Act may be cited as the “End Motorcycle Profiling Act of 2016”.

SEC. 2. DEFINITIONS In this Act:

(1) Motorcycle Profiling.- The term “motorcycle profiling” means the practice of a law enforcement agent or agency using the fact that a person rides a motorcycle or wears motorcycle related paraphernalia 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 United States Constitution.

(2) Law Enforcement Agent.- The term “law enforcement agent” means 13 any Federal, State, local, or Indian tribal official responsible for enforcing criminal or traffic laws, including police officers and other agents of a law enforcement agency.

TITLE I – PROHIBITION OF MOTORCYCLE PROFILING SEC. 101. PROHIBITION.

No law enforcement agent or law enforcement agency shall engage in motorcycle profiling.

(a) REMEDY.- The United States, or any individual injured by motorcycle profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.

(b) PARTIES.- In any action brought under this title, relief may be obtained against-

(1) Any governmental body that employed any law enforcement agent who engaged in motorcycle profiling;

(2) any agent of such body who engaged in motorcycle profiling;

(3) any person with supervisory authority over such agent.

(c) NATURE OF PROOF.- Proof that the routine or spontaneous law enforcement activities of law enforcement agents in a jurisdiction have had a disparate impact on motorcyclists shall constitute prima facia evidence of a violation of this title.

(d) ATTORNEY’S FEES,-In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert’s fees as part of the attorney’s fee.

See the following URL for the entire document: http://motorcycleridersfoundation.wildapricot.org/resources/Documents/National%20Motorcycle%20Profiling%20Act%20Draft%202016.pdf

Sincerely,

Rick Holtsclaw, Houston PD/Retired – Concerned Citizens Against Loud Motorcycles – Facebook

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