OFF THE WIRE
WA update - FYI
4/12/2018
I will be making a full report. Still trying to get some last minute details done before the end of session.
This Wednesday, April 13th, 2011, the Governor will be adding her signature to ESB5242-Addressing Motorcycle Profiling.
All motorcyclist are encouraged to convene in the Legislative Building (the Rotunda), 2nd floor at 130pm to
be in witness of this histic and unprecedented legislation.
This is the final signature, and will complete the unanimous support of the State level Politicians of Washington State.
In addition, 2 other Rights bills were passed this session; SB5800 and HB1328.
Also, the house has passed a resolution that May is MC Awareness Month.
Breeze
UPDATE
3/28/2018
by BREEZE
I am inspired. I am the ABATE of Washington Legislative Affairs Officer, and am the one that is responsible for pushing this bill. In fact, this bill was only stopped last year by the short legislative session. You are very astute in seeing that this bill is modeled after the 2002 racial profiling bill that is now law in Washington.
I just finished putting the following together for the ABATE Freedom mag in WA. We are getting geared up for what should be the largest attended legislative day, BLACK THURSDAY, Jan 20,2011. I am working on a much longer and detailed dissertation:
MOTORCYCLE PROFILING ISSUE
(This bill has not yet received bill numbers)
Anti-Profiling of Motorcyclist
1. Addressing Motorcycle Profiling. ** In 2010’s Legislative Session, the issue of Profiling Motorcyclist had historical success by passing the House Assembly by a vote of 96-2. Heading into the 2011 Legislative Session, the motorcycle community is revving up for another run at preserving our freedom found in the 14th Amendment of the US Constitution, and in the more protective Article 1, section 7 of the Washington State Constitution.
ABATE of Washington has worked hard during the off-session to secure sponsorship from Representative Steve Kirby, 27th District and Senator Jim Hargrove, 24th District. Their offices are working together preparing to concurrently pre-file companion bills in the House and Senate respectively. These bills will be assigned separate numbers, and could have a different title from last year, however the wording of the bills will remain the same. Pre-filing will result in having the bills ready for immediate involvement from the first day legislature convenes on the second Monday in January. This year, the legislative session will be 105 days (not 60 like last session), which will give more time to work the bills through both the Senate and the House, to the Governor for signature, and finally into the State law.
The US Defenders and ABATE of Washington State formed a successful working relationship in 2011. The results of our combined hard work became evident during a public hearing this past February, when the schedule was suspended and the committee went directly to passing the vote on for consideration by the entire House of Representatives. Not only was this unprecedented for the motorcycling community, it is a very rare occurrence in Olympia.
This year we are expecting more support from other motorcycle groups, as well as a non-motorcycle group.
There is a very good feeling amongst legislators and motorcyclist that this bill will pick up where it left off last year, and become law in 2011.
Motorcycle Profiling in Washington State: A Problem in Need of Legislative Relief
The Confederation of Clubs, US Defenders and ABATE of Washington State are seeking support for legislation that would condemn and prevent the widespread law enforcement practice of motorcycle profiling. Requiring law enforcement agencies to adopt a policy preventing and condemning motorcycle profiling would reinforce the State Supreme Court’s rejection of discrimination and pre-textual traffic stops reaffirming our right to privacy as outlined in Article I Section 7 of the Washington State Constitution.
I. Motorcycle Profiling by Washington Law Enforcement Agencies is Occurring and is Widespread.
• Profiling, according to the Washington State Legislature’s current policies, occurs when law enforcement targets an individual exhibiting characteristics of a class that an officer believes more likely than others to commit a crime. The practice of targeting an individual because they are riding a motorcycle or wearing motorcycle paraphernalia is a perfect example of profiling. (Definition of profiling in SB 5852 passed in 2002.)
• During Black Thursday January 22, 2009 the Washington State Patrol indiscriminately profiled the motorcycle community on the grounds of the Washington State Capital. While members of the motorcycle rights movement were inside the Capital, attempting to find sponsorship for a bill that would stop motorcycle profiling, the State Patrol was captured on video crawling through the bushes in order to record the license plate and identifying information of every motorcycle in the parking lot. When confronted the State Patrol replied that they were gathering information based on their fictitious belief that there is always a propensity for violence when motorcycle clubs are together. This is, by definition, profiling. There has never been a violent incident among motorcycle clubs at the Capital. The State Patrol’s behavior chills political activism and demands legislative remedy.
• The Washington Courts have confirmed that the Washington State Patrol is guilty of unlawful profiling and discrimination against motorcyclists. In 2002 the Court granted a permanent injunction against the State Patrol’s use of a training pamphlet titled BIKER 101. (Wulfekuhle v. Washington State Patrol, 2002 Attached.) On November 23, 2009 the Washington State Patrol, under oath, explicitly admitted that they profile members of motorcycle clubs and continue to use BIKER 101 as a training manual. This gross violation of a Washington State Superior Court injunction proves that the pattern of motorcycle profiling continues and that the Washington State Patrol brazenly violates the liberties of motorcyclists even in the face of judicial reprimand.
• The number of grievances and instances of profiling are continuing to proliferate. The Washington State Confederation of Clubs has gathered a substantial portion of profiling statements establishing a clear pattern of law enforcement profiling. Motorcyclists are regularly interrogated about club affiliations and organizational structure during what should be routine traffic stops. Law enforcement has specifically identified club affiliation as justification for detainment and handcuffing during routine traffic stops out of fear for officer safety. Almost every member of every club in Washington State, and many who are not in clubs, have experienced this type of harassment. This proves law enforcement’s belief that motorcycle club members are more likely than others to commit a crime.
II. Legislative Action is Required.
• Legislative action reinforces the Washington State Supreme Court’s condemnation of pre-textual traffic stops and strengthens the right to privacy explicated in Article I Section 7 of the Washington State constitution. Privacy rights in Washington State exceed the protections provided by the Fourth Amendment of the U.S. Constitution. (State v. Ladson 1999)
• Legislative action is required to restrain the State Patrol’s entrenched paradigm of discrimination towards motorcyclists. The Washington State Patrol has continued to ignore the State of Washington Superior Court of Thurston County’s permanent injunction against BIKER 101. The legislature has the power and responsibility to change policy when the judiciary speaks clearly and law enforcement refuses to hear.
• Legislative action closes loopholes that allow profiling to continue. Many times following profiling stops motorcyclists are not arrested or given a ticket. This makes it difficult to establish damages in individual instances despite the fact that it is illegal to stop someone based on a pre-text. Requiring all law enforcement agencies in Washington to change their policy towards motorcyclists would close this loophole preventing less quantifiable, but no less important, damages to privacy and equal protection.
• Costs would be virtually non-existent. The fiscal note attached to the SENATE BILL REPORT ESB 5852 on racial profiling passed in 2002 proves the costs of profiling legislation are negligible. More important, any costs would be outweighed by the social benefit of preserving civil liberties.
I Found Nothing in the statutes about Motorcycle Profiling, but I did find Racial Profiling statute.. Should Read the same way.
NRS 289.820 Peace officer prohibited from engaging in racial profiling; retaliatory or punitive action prohibited against peace officer for disclosure of information concerning racial profiling.
1. A peace officer shall not engage in racial profiling.
2. No retaliatory or punitive action may be taken against a peace officer who discloses information concerning racial profiling.
3. For purposes of this section, “racial profiling” means reliance by a peace officer upon the race, ethnicity or national origin of a person as a factor in initiating action when the race, ethnicity or national origin of the person is not part of an identifying description of a specific suspect for a specific crime.
(Added to NRS by 2001, 2852)
Also, Here is how Washington Bikers Won The Ruling HB2511
http://www.youtube.com/watch?v=zhEdHj4QVWM
http://www.youtube.com/watch?v=LRLc3J8wrVY&feature=related
http://www.youtube.com/watch?v=2vDfdvSdQ94&feature=related
http://www.youtube.com/watch?v=oBwwLQzWjTM&feature=related
