Erik Buell - EBR TKO

OFF THE WIRE
agingrebel.com

The most recent incarnation of Erik Buell’s motorcycle company has been knocked down again. If this was boxing the referee would stop it.

But this is sport bikes, not a fight. All that is at stake is money, not blood and brain cells. And somebody out there who loves the idea of an American sport bike and who has a few million dollars burning a hole in his pocket might think Buell still has at least a puncher’s chance.

Erik Buell Racing, of East Troy, announced last Thursday that it was shutting down but it still hasn’t thrown in the towel.

Headwinds

“This difficult decision was based primarily on EBR facing significant headwinds with signing new dealers, which is key to sales and growth for a new company,” a press release said. “In addition, EBR has had limited production in 2016 and 2017 that was under goal. The combination of slow sales and industry announcements of other major OEM brands closing or cutting production only magnified the challenges faced by EBR.”

“EBR will continue to review strategic alternatives with interested investors regarding production operations.”

If the company is to be rescued, it better happen soon. “A sale of production equipment and excess parts will start in March,” the release said. In the meantime, EBR promises, the company will continue to honor warranties and provide support to its 17 dealers and their customers.

Long Prologue

Erik Buell has been the preeminent American sport bike designer for the last 35 years. He started his career at Harley-Davidson and founded Buell Motorcycle Company in 1983. A decade later, Harley bought just less than half of Buell. In 2003 Buell became a Harley subsidiary. The company dumped the sport bike line in October 2009. Buell built about 137,000 motorcycles – a little less than 5,300 bikes a year – during the 26 years of its existence.

Erik Buell started EBR a month after Harley discontinued the motorcycle that wore his name. EBR became the anti-Harley: Its motorcycles were technologically advanced rather than nostalgic. The machine was the show, not the image. But the new Buell’s were too expensive to get much of a foothold in the sport bike market.

Buell closed his factory in April 2015. A year ago a company called Liquid Asset Partners bought the manufacturing assets and restarted production with the idea of building motorcycles while the new owners tried to sell the company.

In September 2016, EBR announced “Our dealers have had nice success selling bikes this summer and we have many new ones coming on. Our quality is continuously improving, our supplier relationships established, and now we are looking towards the future. This fall, we have something ‘Quick, Dark, and Low’ in the works that should be exciting for urban street riders, and we are making real progress on expanding the range of models of the 1190 platform, as well as developing and delivering accessories that our EBR riders want. There is a bright future for EBR, and as part of that, work is proceeding on a sub-$10k platform for 2018.”

The company’s current model, the 190RX USA cost $14,000 in white and yellow or $15,000 in black red or silver.

Erik Buell Racing has already survived for about seven years longer than it should have. The dream of an American supersport bike that could compete with Suzuki, Kawasaki and Ducati probably just evaporated. But the dream won’t officially end until sometime in March.

Grim Anniversary

OFF THE WIRE
agingrebel.com

A year ago today, a prison guard and member of the Iron Order Motorcycle Club named Derrick Joseph “Kong” Duran, provoked a fight with members of the Mongols Motorcycle Club working at a booth at the Colorado Motorcycle Expo in Denver, Colorado.

When he realized he couldn’t physically defeat a Mongol named Jared “Hercules” Chadwick, Duran pulled a gun and shot the Mongol in the abdomen. Duran then escaped up a set of stairs. At the top of the stairs, he paused to murder another Mongol named Victor “Nubs” Mendoza.

The Iron Order, which counts numerous peace officers as members, encourages those members to aggressively seek confrontations with members of other motorcycle clubs, to use deadly force to win the fights its members start and coaches members to present themselves as victims to police.

The Iron Order’s organizational style is at odds with that of the clubs they confront. Most motorcycle clubs discourage members from cooperating with police and from testifying in court except for the defense. The Iron Order cynically exploits its defacto status as a police death squad. In the words of current Iron Order vice-president, Army Lieutenant Colonel Mike “Cgar” Crouse,  “I know our club has the advantage. One percenters won’t call the cops. So what the fuck, destroy any fucker that confronts you. It’s a free ticket….”

The tragedy last year in Denver played out exactly the way Crouse told his club brothers it would. Iron Order members portrayed themselves as victims of the Mongols. Mongols, including Chadwick, declined to cooperate with police. Duran was never charged with any crime. Shortly after he was cleared, he sold his home in Longmont, Colorado and disappeared. His disappearance was so professionally accomplished that one informed source volunteered that Duran – although he was never charged with a crime or appeared at trial – seemed to have been enrolled in the United States Marshals Witness Security Program.

Duran was last seen in suburban Minneapolis.

(CAN) EDITORIAL: Outlaw CLUBS given warning

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We are keeping a close eye on you and the province is ready to assist courts and police with legislation to investigate and prosecute you, if necessary.

It is an appropriate response to the very real threats posed by the Hells Angels and other outlaw gangs that have set up shop on P.E.I. The Angels arrived last fall, greatly raising the alert level. Police in other provinces warned that the Angels are here to establish territory.

Premier Wade MacLauchlan felt the situation was serious enough to call a news conference, flanked by police agencies and government ministers. He outlined possible measures open to the province and police to curtail gang activity. It was a clear warning ­ whatever you do better not cross over into criminal activity. If you do, the full weight of police and government agencies are coming down on you. If police need additional help, it will be there.

The outlaw gangs did respond. They met Saturday to discuss the province¹s ³discrimination against bikers.² The Atlantic Confederation of Clubs and Independents, which charitably describes itself as a not-for-profit association, posted a response, saying it "vehemently opposes the government's attempts to erode the Charter of Rights and Freedoms of the sons and daughters of P.E.I."

And if it wasn¹t so serious, it would be almost laughable to keeping reading, ³We, the motorcycle community, will not be intimidated and threatened . . . "

Well that¹s too bad. We vehemently oppose outlaw motorcycle gangs setting up on P.E.I. Why are you here? It¹s not to conduct food drives or take tours to Anne of Green Gables. No, you¹re here to conduct criminal activity. Drugs are your lifelines everywhere you go. Why would anyone think it would be different on P.E.I.?

The ACC declared the provincial response as fear mongering by the police and political pandering by the premier. Good. If nothing else, the premier and police got your attention.

All the province has done so far is have the justice department look at some legislative changes. Granted, government should not be deciding what clothing its citizens should wear in bars. But before anyone starts feeling sorry for the Hells Angels, never forget that intimidation, threats and criminal activities are their trademarks.

In response to the bikers¹ complaints, the department of justice felt obliged to issue a statement, lest the gang¹s tender feelings were hurt. The government pledged that it does not intend to implement any legislation that would infringe on anyone's Charter rights. The goal of the premier¹s initiative is to ³Šprotect the safety of Islanders.²

Yes, we must be careful that the Charter rights of all citizens are respected and protected. And we must avoid any expensive Charter challenges.

But the Hells Angels are a criminal gang. They won't get too much sympathy around here.

http://www.theguardian.pe.ca/opinion/editorials/2017/1/25/outlaw-gangs-given-warning.html

The AMA Responds

OFF THE WIRE
agingrebel.com

Yesterday, this page published a story titled “Profiling The 99 Percent” which contained the following statements about the American Motorcyclist Association:

“…the AMA invented the rationale for biker profiling. Shortly after the Hollister motorcycle “riot” in 1947, E.C. Smith, the Executive Secretary of the AMA called the Hollister bikers ‘outlaws’ and asserted that they represented only “one percent” of the motorcycling community at most.”

And:
“Yesterday the AMA renounced the stereotype it helped create 70 years ago.”

Maybe Not

This morning Jim Witters, who is both an experienced journalist and a spokesman for the AMA wrote The Aging Rebel to say that the AMA “was disappointed that” this site “chose to blame the AMA for creating the circumstances that led to such profiling.”

“The AMA represents all motorcyclists.” Witters continued. “And the AMA mission is to promote the motorcycle lifestyle and protect the future of motorcycling.”

The Aging Rebel stated and believes the terms “outlaw” and “one percenter,” as applied to motorcyclists, originated with E.C. Smith, who was then the Executive Secretary of the AMA.

The AMA’s spokesman disagrees and wrote: “The term ‘one-percenters’ and the role of the AMA in coining that phrase has been the topic of much discussion over the years – ever since an unfortunate riot involving motorcyclists in Hollister, Calif., was reported in Life magazine in 1947. The AMA has spent considerable time trying to determine whether or not the term originated from the AMA: letters to the editor of Life magazine, to San Francisco newspapers, AMA archives, etc.”

“We found nothing to confirm that the AMA or an AMA official ever made that statement, though it is now a part of popular lore.

“The best any of us can figure, a local AMA member, perhaps someone with an AMA club or district, made the statement anonymously to a reporter and it stuck. But we have never found any attribution to an individual.”

Thank you for reading.

States crack down on government cash grabs

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FoxNews.com

States across the country are revising laws that allow police to seize a person’s cash and property without a conviction, following widespread complaints about agencies profiteering off such legislation, holdovers from the “Miami Vice” cocaine era.
Right now, 47 of the 50 states allow so-called civil asset forfeitures, with New Hampshire set to effectively end such practices, which allow property and currency to be seized even if it’s only suspected of being connected to a crime.
The changes in New Hampshire and elsewhere follow numerous, high-profile cases in which Americans have had their cash and other assets seized by state- and local-level police agencies without being convicted and of police departments appearing to aggressively pursue such cases to fill their coffers.
Among them is the 2013 case in which motorist Straughn Gorman had $167,000 in cash seized by the Nevada state police, which suspected him of transporting drugs but only issued him traffic tickets.
In another highly-publicized case, a small-town Mississippi police department built a $4.1 million training facility and bought a fleet of new police cruisers from such forfeitures.
The New Hampshire legislation, which Democratic Gov. Maggie Hassen has vowed to sign, would essentially require prosecutors trying to keep assets to first get a conviction, with few exceptions including a defendant’s death.
And it would require them to present stronger cases and harder evidence -- phased in the bill as “clear and compelling” evidence.
“I look forward to signing this bipartisan bill that … maintains drug forfeiture funds,” Hassen said last week.
However, New Hampshire is still involved in a federal program in which state or local police can transfer seized assets to the U.S. government, then get back a percentage of the haul.
The Justice Department recently stopped a program that such agencies appeared to be using to side-step state forfeiture laws and get back a heft percentage.
However, the department still has its “Equitable Sharing Program” in which agencies assisting the federal government in criminal cases can share in some of the seized assets, the agency said Wednesday.
Maryland, New Mexico and Nebraska have purportedly restricted their law enforcement agencies from participating in the federal program.
“New Hampshire would be wise to follow that lead,” Jason Snead, a Heritage Foundation policy analyst, recently told The Daily Signal. “Until it does, the impact of (its bill) is likely to be seriously blunted by law enforcement agencies that have every incentive to circumvent the new law and little compunction about doing so.”
North Carolina, New Mexico and Nebraska (once its law takes effect) are the only three states with no state forfeiture provision.
Michigan, Montana, New Mexico and Florida have recently revised their civil asset forfeiture laws.
In Florida, GOP Gov. Rick Scott recently signed a bipartisan bill that takes effect in July and will requires law enforcement agencies to arrest suspects before seizing their property under civil asset forfeiture laws.
In addition, the agencies will have to pay thousands in filing fees and bond postings should the owner be found not guilty. The law also makes recovering the property and related legal fees easier for the owner.

Cash can still be taken in Florida without an arrest but cannot be kept unless agencies prove “beyond a reasonable doubt” that it was connected to a crime.

BABE OF THE DAY

Crazy Canyon Riding On A Harley Dyna

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Shot on the Mulholland Highway in California, this guy shows incredible riding skills on a Harley Dyna, not on a sport bike. Lots of scrapping. See him lose the grip …. and recover.

Dear police, you are only pawns for a corrupt government

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Dear police, you are only pawns for a corrupt government, revenue generators of a police state and perpetuate violence by enforcing victimless "crimes". Please find a real job, we are sick of your sh*t!

BABE OF THE DAY

OFF THE WIRE

Here are the seven reports of police misconduct tracked for Thursday, January 26, 2017:

• Hattiesburg, Mississippi: An officer was arrested in Lamar County for domestic assault. ow.ly/yUDE308nf5T
• Wisner, Louisiana: An officer was charged with malfeasance in office for allegedly taking money from evidence. ow.ly/i2YU308nff0
• Colorado Springs, Colorado: A now-former officer pled guilty to selling counterfeit Broncos merchandise at a flea market. He was fined $7,500. ow.ly/4KQ6308nzpK
• St. Lucie County, Florida: A deputy was arrested for sexually assaulting a woman while he was on duty. He was fired. ow.ly/MZ7z308nJQN
• Dallas County, Arkansas: A deputy was arrested for disorderly conduct after an intoxicated inmate whom he was supervising on a pass for work detail crashed the car they were in. The officer too had been drinking. ow.ly/t9dr308nMHf
• Willow Springs, Illinois: Five officers are no longer with the department after a three-year investigation into the misuse of funds. The five comprised almost half of the department’s officers. ow.ly/yPia308nNbq
• Update: Lowell, Massachusetts (First reported 11-16-16): An officer was suspended for six months and ordered to undergo anger management for assaulting a handcuffed student. ow.ly/m66Y308nNzg

What Will Be Trending In 2017

OFF THE WIRE
1- Change Of US Leadership Makes Predicting Anything Much More Complicated. Americans can’t recall a time when a change of leadership in Washington had the potential for such large and diverging effects on the U.S. economy. If you believe that the economy is going to be stimulated through new legislation and less regulation, for example by lowering individual and corporate taxes, with a tax holiday offering incentive for repatriation in the US of profits kept abroad by multinational corporations, by the rebuilding of America’s infrastructure to create a large number of construction jobs, etc… you can expect discretionary purchases to increase, and consequently the motorcycle industry to get a boost. American motorcycle manufacturers would benefit if the consumer has extra cash and borrowing costs remain quite low. Of course, if the US doesn’t get involved in a trade war which would create inflationary pressure on the imported products we all consume.
One of the biggest winners since the election has been the U.S. dollar rising sharply against all major foreign currencies. It means that in the US, Harley-Davidson and Polaris may face a tougher price competition from direct or indirect competitors like Triumph, Ducati, BMW, Royal Enfield, etc taking advantage of their lower home currency to offer much cheaper models. During the next 2 years the US motorcycle market is expected to remain somewhat stagnant or increasing only in the very low single digit. Harley-Davidson – much more than Polaris Motorcycles Division – relies on exportation to grow its unit sales. Would a slightly better demand in the US compensate for sales loss abroad due to a higher dollar? The introduction of the H-D LiveWire electric model susceptible to attract new motorcycle buyers being 2 or 3 years away, and in the absence of truly new affordable models, it could be a very challenging next 2 years for Harley’s domestic and global sales. Regarding the custom parts industry, the upcoming new administration is floating the idea of a 5% tariff on all imported goods. Most of custom motorcycle parts sold in the US being manufactured abroad, even when conceived here locally, it could spell trouble for many aftermarket part vendors and distributors, and this even if corporate taxes are lowered from 35% to 20%.
2- The Disrupted US Motorcycle Industry. Since 2013, when Polaris resurrected the Indian Motorcycle nameplate, it has been a kind of David versus Goliath competitive environment. Harley-Davidson is not a tarnished brand, is not in financial trouble and is not going to be dethroned by Polaris 2 motorcycle brands in just a few years. But at the end of 2012, Harley owned 57.2% of the heavyweight motorcycle market over 601 cc and larger. By the end of 2015 that had shrunk to 50.2%, even as that segment of the market expanded from 62% of the total U.S. motorcycle market – in terms of new units registered – to 85%. Harley-Davidson unit sales have fallen for 8 straight quarters since Indian Motorcycle was relaunched.  During that time Polaris motorcycle sales were up 67%, a very significant market gain almost essentially at the expense of its Milwaukee competitor. While the motorcycle market isn’t getting much bigger, it’s just being divided up differently. Indian started from scratch, so its growth will naturally seem exponential while Harley, as the more mature motorcycle maker, will appear to be growing much slower if any. It’s true that far more bikers still buy from Harley, but although Polaris is very secretive when it comes to publishing unit sales per brand and model, it is certain that an increasing number of riders are choosing Indian or Victory motorcycles. Polaris success is that in very short years it was able to offer all across the bike size spectrum alternate very competitive models in terms of performance and at great price points.
In addition, brands like Triumph, Ducati and Royal Enfield are aggressively pushing their bikes in the US. Triumph got strong traction with good sales of its “modern classics”, the Bonneville, the Thruxton and now the Bonneville Bobber model. Ducati perceived here during a long time as a Moto GP racer decked out in sponsor badges now offers city streets models and is also quite successful with its very affordable 6 Scrambler products . And India-based Royal Enfield recently established its North American headquarters in Milwaukee’s Third Ward and hired a former Harley-Davidson executive as North American division president. And let’s not forget that younger bikers (read below), as opposed to Boomers, are more interested by product value than image. As it’s often the case in such a disrupted market, being the leader manufacturer, Harley has more to lose when the consumer choice is much wider with quality products equal or sometime better for performance and offered at competitive prices. There are not yet definitive winners or losers in this brands battle, but for sure bikers will continue to benefit.

3- Cracking The Millennials Code With New Marketing And New Motorcycle Models. We are in a graying/whitening market with a large number of Boomers riding off into the sunset after each motorcycle rally. In the US, population aged 50+ is currently north of 100 million, and will reach 173 million by 2060. According to MIC (Motorcycle Industry Council) the median age of the typical motorcycle owner in 1990 was 32, and was a married male who had a high school diploma. Today, the typical owner got at least some college education. But the median age has climbed significantly to 49 years old. Only 17% of riders today are under 30, compared to 41% 25 years ago. Regarding age, these numbers are certainly worse if you address specifically the heavyweight motorcycle market in which Harley and Polaris are competing.  In 2020 Millennials are going to comprise 49% of the work force and will replace Boomers as the biggest spenders and borrowers. The oldest Millennials (born in 1980) are 36 years old. Although they have more education loan debts than Boomers, the oldest already earn more than their parents did at the same age.  Individual earnings always peaking between the age of 34 and 52, they are the human force that will decide the success of most corporations, in and out of the motorcycle industry, for at least the next 20 years.
In a heavily disrupted market you don’t need to do something wrong to be wrong. Just don’t change and for sure you will fail. Get with the times, revisit your marketing, evolve your products, or get left in the dust. So all manufacturers and many in the custom motorcycle segment are reaching out (or pretending…) to attract this demographic. At the same time Harley is trying to maintain its preeminent position by serving the group of older bikers that created its success, the company is also courting, with some success, new young riders with the Street, the Sportster and all its Dark Customs lineup. Polaris had big success with the Scout and Scout Sixty, 2 bikes selling disproportionally versus all the other Indian and Victory models. But for both manufacturers, a couple of new low priced models will probably not be enough to attract a very large number of Millennials, fast enough to ensure their future.
The reason is the huge generational gap between them and the Boomers. They are much more than a “facial hair and flannels lover group”. Marketing and advertising of motorcycles need to be reinvented. Millennials are wired differently, less in financial success and much more into the right balance between home and work. They are more likely to make a purchase based on the value they get. They don’t buy things for status, image or brand loyalty, criteria on which Harley founded its success. They hate the flashy and gaudy and feel strong affinity with everything vintage if offering modern convenience. They appreciate simplicity, quality, authenticity. Regarding motorcycles, transportation is not their priority. the social aspect is. They love fun entertainment, but in small groups, not in massive gatherings like Daytona or Sturgis. Events like “Born Free”,  the “Mama Tried Show” sponsored by Harley-Davidson or the “Hooligan Races” sponsored by Indian Motorcycle are in the line of events helping both brands change their image, away from the stereotype of old overweight white guys riding touring bikes. In 2017, expect motorcycle manufacturers and independent show organizers to try brand new such events and parties all over the country and marketing them online, the place where the Millennials watch television, read the news, network, compare and shop products…and find their entertainment. 15 years ago internet was already pivotal in the way to talk to existing riders and has been the only way  to address Millennials via blogs and social media. A cultural game changer, many in the ultra conservative motorcycle industry still don’t know how to use it, even if they use it by ,just filling up digital space but without adequate marketing. Millennials will not reward manufacturers and brands only for their products, as stripped down and value priced their motorcycles may be. They will respond to those making a strong grassroots effort to create a “proximity” with them. Or for an authentic and fun experience Millennials will continue to look somewhere else than motorcycling.
4- Flat Track Becoming The Hottest Thing In Motorcycle Racing. I have attended a few American Flat Track races during these last 2 years. I have witnessed a growing attendance of youngsters driving their cars to the track and joining the traditional older v-twin crowd arriving on their Baggers. The return of Indian Motorcycle to the flat track circuit to challenge Harley-Davidson’s dominance is going to widen the interest of all the biker’s community and attract new riding and non-riding new spectators. Discovered by the youngest or re-discovered by their parents, this sport is perceived again as the most authentic and pure form of motorcycle racing, one with strong old school heritage capturing the essence of  what competing on 2 wheels is all about. Just naked machines, dirt and the sliding skills of brave young racers. For 2017, AMA has modernized each event format with a simpler class structure and rules easier to understand for new fans and has named friend of the industry seven-time Grand National Champion Chris Carr as Chief Competition Officer. All good. In addition, waiting for a race to happen in your region, it is now possible to watch each event live on internet on Fans Choice TV. Just where Millennials look for new authentic experiences…I have no doubt that Flat Track racing just entered the dawning of a very bright new era. And for those going to Daytona Bike Week, make a note that the 2017 flat track racing season will begin on March 16 at the International Speedway, with the race taking place inside the historic arena, a first in the sport’s history.

Have all a healthy, happy and prosperous 2017 year. See you on the Tour, here and abroad.

BABE OF THE DAY

BABE OF THE DAY

Motorcycle clubs are not street gangs

OFF THE WIRE

May 2015. One rider's perspective. Do you agree with him?
https://www.youtube.com/watch?v=9ndQgVy8n9U
After the recent events in Waco I wanted everyone to know that a few bikers shooting it out doesn't make all bikers criminals.
If you see someone with the letters MC on their vest, don't call their club a gang.

BABE OF THE DAY

USA - All 18 rounds Of 2017 American Flat Track To Air Weekly On NBC Sports

OFF THE WIRE

American Flat Track just announced an exclusive television partnership with NBC Sports (NBCSN) for the 2017 season. All 18 rounds, from the season-opening DAYTONA TT to the American Flat Track Finals in Southern California, will air in one-hour, tape-delayed telecasts on Thursday nights throughout the summer and fall.

Entering its 64th consecutive season, American Flat Track is the most historic form of American motorcycle racing and 2017 marks the dawning of a new golden era for the sport. The series boasts two diverse and highly-competitive classes and is headlined by powerful, twin-cylinder motorcycles in the AFT Twins class, with spirited single-cylinder machines battling it out in AFT Singles.
American Flat Track will debut inside Daytona International Speedway on a one-of-a-kind race course built on the famous tri-oval at the “World Center of Racing.” The DAYTONA TT will serve as the first battleground for the great American war brewing between Harley-Davidson and Indian Motorcycles, marking the first time the big American factories have competed head-to-head on the race track since the 1950s.
“American Flat Track is America’s original extreme sport and NBCSN is the perfect platform to bring it back into the limelight,” said Michael Lock, CEO of American Flat Track. “We’re delighted to be partnering with NBC Sports Group, one of the most respected sports media organizations in the world. This partnership represents a huge milestone for the sport and a goal that we have been working toward for a long time.”
With nearly 85 million subscribers, NBCSN is the Home of Motorsports in America, providing coverage of NASCAR, IndyCar, Formula One, Mecum Auctions, Lucas Oil Pro Motocross and now, American Flat Track.

“We’re thrilled to add American Flat Track to the best motorsports portfolio in American media,” said Jeff Macaluso, Senior Director, Programming, NBC Sports Group. “We’re excited and proud to be a part of the resurgence of this historic series.
”

NBCSN’s coverage will kick off 18 straight weeks of high-intensity American Flat Track telecasts, expertly produced by NASCAR Productions, LLC and highlighted by flag-to-flag race coverage of both classes. The shows will include exclusive features and editorial content telling the story of the world’s elite dirt track motorcycle racers as they battle for glory, while cutting-edge technology, including the latest in onboard cameras, will allow viewers to experience the pinnacle of dirt track motorcycle racing like never before.
In addition to the 18 primetime premieres, NBCSN will re-air each of the shows the following week, which will also be available on NBCSports.com and the NBC Sports app. FansChoice.tv, a cornerstone of American Flat Track’s digital strategy, will provide live streaming coverage for every round of the 2017 season.

JOKE OF THE DAY

OFF THE WIRE
I’ve been thinking of getting a new motorcycle. I can’t decide whether I should get a Victory or an Indian. I asked the computer where I could get the cheapest Indian and it said “New Deli.” I asked where I could get the cheapest Victory and it said “France, they just give up.”

State of Minnesota introduces Motorcycle Profiling Bill

OFF THE WIRE
A bill for an act relating to public safety; establishing policies to address motorcycle profiling; proposing coding for new law in Minnesota Statutes, chapter 626.

Current Version - as introduced
A bill for an act
relating to public safety; establishing policies to address motorcycle profiling;
proposing coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [626.97] MOTORCYCLE PROFILING.
Subdivision 1. Purpose.

The legislature finds that the reality or public perception of
motorcycle profiling alienates people from police, hinders community policing efforts, and
causes law enforcement to lose credibility and trust among the people law enforcement is
sworn to protect and serve. No stop initiated by a peace officer should be made without a
legitimate reason; the fact that someone rides a motorcycle or wears motorcycle paraphernalia
is not a legitimate reason. Law enforcement policies and training programs must emphasize
the need to respect the balance between the rights of all persons to be free from unreasonable
governmental intrusions and law enforcement's need to enforce the law.
Subd. 2. Definition.

For purposes of this section, "motorcycle profiling" means the
illegal use of the fact that a person rides a motorcycle or wears motorcycle-related
accouterments as a factor in deciding to stop and question, take enforcement action, arrest,
or search a person or vehicle with or without a legal basis under the United States Constitution
or Minnesota Constitution.
Subd. 3. Statewide model policy.

By October 1, 2017, the Board of Peace Officer
Standards and Training, in consultation with the Minnesota Chiefs of Police Association,
the Minnesota Sheriffs Association, the Minnesota Police and Peace Officers Association,
and the Department of Public Safety Motorcycle Safety Advisory Task Force, shall develop
a statewide model training policy designed to eliminate motorcycle profiling from law
enforcement in the state. The model antimotorcycle profiling policy must include training
in:

(1) acts that constitute motorcycle profiling;

(2) tactics for avoiding motorcycle profiling; and

(3) methods for peace officers and their supervisors to identify and respond to motorcycle
profiling by other peace officers.
Subd. 4. Agency policies required.

(a) By November 1, 2017, the chief law enforcement
officer of each state and local law enforcement agency must establish and enforce a written
antimotorcycle profiling policy governing the conduct of peace officers engaged in stops
of citizens. The chief law enforcement officer shall ensure that each peace officer receives
a copy of the agency's antimotorcycle profiling policy. The chief law enforcement officer
also must ensure that each peace officer is aware of the policy's purpose and prohibited
conduct.

(b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 3 and require peace officers to give their name and
badge number to each motorcycle operator stopped for any reason.

(c) Each state and local law enforcement agency must certify to the board that the agency
has adopted a written policy in compliance with the board's model policy.
Subd. 5. Compliance reviews.

The board has authority to inspect state and local agency
policies to ensure compliance with subdivision 4. The board may conduct an inspection
based upon a complaint it receives about a particular agency or through a random selection
process.
Line numbers

TEXAS - Proposal to allow motorcycles to drive between cars back in session

OFF THE WIRE
The public will remain scared of what they don't understand. The work to get this legislation passed did not end today as we left the Capitol building. Continue to educate the non-riders in your life. -Clutch
AUSTIN (KXAN) — It’s commonly called “lane splitting” when motorcyclists drive between traffic lanes on highways during major congestion. Supporters of Senate Bill 288 say the legislation allowing lane splitting would help ease traffic congestion in the Austin area.
“We’re asking for common sense items that will make it safer for the community,” says Austin motorcyclist Steven Cochran, one of dozens of bikers who rallied at the Texas State Capitol Monday afternoon. “If we have lane filtering approved, and 20 percent of the vehicles are motorcycles, they’re not involved in any traffic congestion, they leave.”
According to the proposal, bikers couldn’t go faster than 20 miles per hour when passing vehicles. And they could only drive between cars on highways with exits.

• TxDOT: Motorcyclists 26 times more likely to die in a crash

However, since motorcyclists wouldn’t be in marked traffic lanes, some drivers say the move could cause more crashes. “I don’t think that would be a good idea at all, I think you would have more dead motorcyclists in this city,” explains Austin driver Joshua Brown. “I don’t want to be the reason why he has a head trauma because I decided to get over and stop traffic and didn’t see him coming down the middle.”

It’s an argument legislators will have to debate, as they take up the issue again this session. Sen. Kirk Watson filed the bill last month. The legislation will soon move to a senate committee. This is the third time similar bills have been brought before the Texas Legislature. Watson introduced the bill last session, but it did not receive a hearing. Similar legislation was brought up in 2009 by a different senator, but was never voted on.

2017 NCOM Convention - May 11th-14th, 2017 - Reno, Nevada

OFF THE WIRE
 The conference is being held at the Silver Legacy Hotel and Casino.
The Silver Legacy bans motorcycle club colors during Street Vibrations and I don't understand why NCOM continues to use them. I will attend the conference, but I will NOT be staying at their hotel.

BABE OF THE DAY

Motorcycle helmet bill fails in Arizona House committee

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PHOENIX - Motorcyclists convinced an Arizona House committee Wednesday that a helmet mandate would infringe on their rights despite pleas from the medical community that requiring protective equipment would dramatically limit traumatic brain injury and death.

Democratic Rep. Randall Friese proposed that violators of his measure could be fined $500, with $300 going into a fund to pay expenses for motorcycle head injury patients. Riders who paid a fee would be exempt from the mandate.

The Committee on Transportation and Infrastructure voted unanimously against the measure.

Read more: http://www.charlotteobserver.com/news/article127314574.html

HF 164 - State of Minnesota introduces Motorcycle Profiling Bill

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State of Minnesota introduces Motorcycle Profiling Bill
A bill for an act relating to public safety; establishing policies to address motorcycle profiling; proposing coding for new law in Minnesota Statutes, chapter 626.
https://www.revisor.mn.gov/bills/text.php…
Current Version - as introduced
A bill for an act
relating to public safety; establishing policies to address motorcycle profiling;
proposing coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [626.97] MOTORCYCLE PROFILING.
Subdivision 1. Purpose.

The legislature finds that the reality or public perception of
motorcycle profiling alienates people from police, hinders community policing efforts, and
causes law enforcement to lose credibility and trust among the people law enforcement is
sworn to protect and serve. No stop initiated by a peace officer should be made without a
legitimate reason; the fact that someone rides a motorcycle or wears motorcycle paraphernalia
is not a legitimate reason. Law enforcement policies and training programs must emphasize
the need to respect the balance between the rights of all persons to be free from unreasonable
governmental intrusions and law enforcement's need to enforce the law.
Subd. 2. Definition.

For purposes of this section, "motorcycle profiling" means the
illegal use of the fact that a person rides a motorcycle or wears motorcycle-related
accouterments as a factor in deciding to stop and question, take enforcement action, arrest,
or search a person or vehicle with or without a legal basis under the United States Constitution
or Minnesota Constitution.
Subd. 3. Statewide model policy.

By October 1, 2017, the Board of Peace Officer
Standards and Training, in consultation with the Minnesota Chiefs of Police Association,
the Minnesota Sheriffs Association, the Minnesota Police and Peace Officers Association,
and the Department of Public Safety Motorcycle Safety Advisory Task Force, shall develop
a statewide model training policy designed to eliminate motorcycle profiling from law
enforcement in the state. The model antimotorcycle profiling policy must include training
in:

(1) acts that constitute motorcycle profiling;

(2) tactics for avoiding motorcycle profiling; and

(3) methods for peace officers and their supervisors to identify and respond to motorcycle
profiling by other peace officers.
Subd. 4. Agency policies required.

(a) By November 1, 2017, the chief law enforcement
officer of each state and local law enforcement agency must establish and enforce a written
antimotorcycle profiling policy governing the conduct of peace officers engaged in stops
of citizens. The chief law enforcement officer shall ensure that each peace officer receives
a copy of the agency's antimotorcycle profiling policy. The chief law enforcement officer
also must ensure that each peace officer is aware of the policy's purpose and prohibited
conduct.

(b) The policy must, at a minimum, comply with the requirements of the model policy
adopted by the board under subdivision 3 and require peace officers to give their name and
badge number to each motorcycle operator stopped for any reason.

(c) Each state and local law enforcement agency must certify to the board that the agency
has adopted a written policy in compliance with the board's model policy.
Subd. 5. Compliance reviews.

The board has authority to inspect state and local agency
policies to ensure compliance with subdivision 4. The board may conduct an inspection
based upon a complaint it receives about a particular agency or through a random selection
process.

Top 10 Stupidest New Laws in California for 2017

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by Assemblyman Tim Donnelly
I’m not in the habit of complaining at the outset of a column, but I’ve taken on a nearly impossible task — figuring out which, of the hundreds of new California laws about to go into effect, are the stupidest.

Don’t laugh.  I’m serious.

It’s really, really hard to keep the list at 10 with hundreds of hare-brained schemes that became real laws.

After all, for far too long, the California legislature has been a “conservative-free zone” — even though there were a handful of “Republicans” occupying seats and taking up space.

I’m going to list the new laws in order of their egregiousness to me, but I’m open to additions or wholesale re-ordering if you care to comment.

Given that Californians are facing 898 new laws going into effect on January 1st, 2017, there’s plenty to hate.

    Prop. 63: “2nd Amendment Nullification” Act.  Although various portions go into effect in various years — yes, they staggered implementation of this “critically needed reform,” some out to 2019 — this is the most sweeping assault on our long-cherished, God-given natural right as Americans to protect our lives and our freedom.  It requires you to pass a background check and pay for a permit to buy ammunition for the gun you may have just passed a background check to buy.  Yeah, that’ll stop criminals — who buy their guns and ammo in parking lots from other criminals. WooHoo! Next, it makes high-capacity magazine (any magazine that holds more than 10 rounds) illegal to possess — even if you bought it prior to the current ban and ownership was previously considered grandfathered.  This law should make it clear that the goal of the left is not “safety” — it’s control.
    SB880: “Bullet Button Ban.”  For years, California Democrats have sought to ban a made-up classification of semi-auto rifles with “evil features” that they re-named “assault weapons” for propaganda purposes. Every year, California Democrats attempt to increase control over this “hated group” of guns — until they finally outright ban all semi-automatics.  This law will not do a single thing to further public safety, as the San Bernardino terrorist attack illustrated — determined mass murderers will simply ignore and work around all gun control laws — as if they are just words on paper. One last bit of irony: in a previous legislative session, this same bill was sponsored by none other than disgraced State Senator Leland Yee. If that name sounds familiar, you’re right.  Leland Yee wanted to “protect” Californians from “assault weapons” on our streets — that is, until he was arrested for trafficking fully automatic weapons and rocket-propelled grenades in exchange for campaign contributions.  He’s currently serving a five-year prison sentence.
    SB3: Minimum Wage Hike to $15/hour by 2020.  As a result of a strong socialist push by unions and complicit governments — such as the union-controlled California legislature—businesses are looking to eliminate as many jobs as possible, investing in automation instead. When you combine this with unchecked illegal immigration — where you have an unlimited labor pool willing to work for subpar wages under the table — the future for entry-level jobs and small business owners in California is bleak.
    AB1785 The “Hands Free” Law.  This is another example of government gone wild.  AB1785 prescribes driver behavior so severely that in and of itself, I believe it will cause more accidents — and more deaths.  Not only must the phone be dash mounted — meaning you’ll have a permanent distraction right in front of you — but you may not text, take photos or video, or enter GPS destinations while driving. Fat chance of stopping those activities with a mere $20 fine. The bill does stipulate that “the only time a driver is allowed to touch the device is when he or she is activating or deactivating a “feature or function.” However, that process should only involve a “single swipe or tap of the driver’s finger,” according to the bill,” mynewsla.com reports.   How about “hands off” my phone instead of an unenforceable “hands free” law?
    AB 1732: Single-User Restrooms.  If you’ve ever had to go so badly that you used the opposite sex restroom at a gas station or Starbucks, then perhaps you think this law is needed. But do we really need another law regulating bathrooms? Some businesses have already put signs on their single-use restrooms designating use by either sex.  And sometimes people just take it upon themselves. I can’t help but think this law is unnecessary and diminishes us as a society a little.
    SB 1383: Controlling Cow Flatulence.  Not making this up.  In spite of the fact that 53 California dairy farmers went bankrupt, moved out of state, or just closed down this year, the Marxist-Progressives are back at it again. Capture cow farts or suffer heavy fines.  CARB (CA Air Resources Board) suggests inserting a tube into the cow’s digestive system and venting into a backpack.  Even liberals admit that laws like this, where government tries to control the uncontrollable, can have undesirable economic consequences.  Lost jobs, lost industries, lost revenue. Stupid law.
    AB 857: Ghost Gun Ban.  Even if you manufacture your own gun — starting with an 80% receiver — that requires you to have special skills and tools to complete the machining, you must now register it and obtain a serial number from the California Department of Justice.  The purpose of this law is simply to record your name and your firearm on a list for eventual confiscation.  Once again, control — not public safety — is the goal.
    Prop. 65: Plastic Bag Ban. Since I’ve written extensively about how stupid I think the Plastic Bag Ban is, I won’t revisit the original bill.  But the idea of siphoning off the money collected and diverting it to fund some environmental activist group that will work to further restrict our freedom is nuts.
    Prop. 57:  Early Release for so-called Non-Violent Criminals.  This was Governor Jerry Brown’s baby — the crown jewel of his prison reform initiatives. Among those offenses he considers “non-violent”:  rape of an unconscious person; human trafficking involving sex acts with minors; and assault with a deadly weapon. Blogger Felicia Wilson summed it up well (original emphasis):  “…Call me crazy, but shouldn’t a crime that includes the word rape or assault be considered, I don’t know… violent?”
    AB 2466: Felons Voting. Low-Level felons serving sentences outside of state prison get to keep their right to vote.  Hmm. Wonder which party this could possibly help?  Just like the “illegal alien vote,”  Democrats will have the felon vote locked down. This is simply about protecting their power and making it permanent.

When California Democrats promised to take to the streets to defend the rights of convicted felons, illegal aliens and welfare recipients, they weren’t kidding. If only they were as serious about cracking down on immigration cheats and violent criminals as they are about penalizing law-abiding citizens and gun owners, California would have more jobs, less crime — and might be a place people want to come to instead of fleeing.

Tim Donnelly is a Former California State Assemblyman. FaceBook: https://www.facebook.com/tim.donnelly.12/ Twitter: @PatriotNotPol

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The following documents (see the comment section of this post) were developed by Guerrilla Lawfare in conjunction with BOLT to provide fellow rights advocates with tools for group discussions on law enforcement stops. Please feel free to use and share....

https://drive.google.com/.../0B3IHXYVmtb.../view...

4%20A%20SEIZURE%20LAW[1].pps

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BOLT Winning the War to Protect My Rights - COC.pdf

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https://drive.google.com/.../0B3IHXYVmtb.../view...

Gorilla Lawfare Student Book-1.pdf

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https://drive.google.com/.../0B3IHXYVmtb.../view...

Stillwell pamphlet 10001.pdf

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stillwell pamphlet 20001.pdf

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After Motorcycles

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agingrebel.com

Best figures indicate that last year, 5010 motorcyclists died on American roads.

That represented about 13 percent of all traffic deaths; which was a slight percentage decrease over the previous two years when motorcycle fatalities amounted to about 14 percent of all traffic deaths.

According to the federal Fatality Analysis Reporting System 424 more bikers died last year than in 2014. Exact statistics are difficult to find but the National Safety Council loudly thinks that 38.300 people died on the roads last year and “4.4 million were seriously injured.” In 2002 43.500 people died on the roads and 3,270 of them were motorcyclists. And, at the risk of overloading readers with numbers, it might lend context to know that in 1990, 44,599 people died in highway accidents and 3,244 of them were sitting on motorcycles.

All of that, undeniably, represents far too many buckets of blood. So yesterday a coalition of concerned bureaucracies including the National Highway Traffic Safety Administration, the Federal Highway Administration, the Federal Motor Carrier Safety Administration and the National Safety Council announced the launching of a hot air balloon called the “Road to Zero Initiative” which proposes to end all road fatalities within 30 years.

Creamy Filling

From far off, the idea tastes great. The devil is in the smooth, creamy filling. As Wayne Allard, who is vice president of government relations for the American Motorcyclist Association, noticed in a press release yesterday, “During the announcement of this major initiative, no mention was made of motorcycles or motorcyclists, even though the safety of other vulnerable road users – including pedestrians, bicyclists, even joggers – was specifically highlighted.”

Wonder why? Anyone? Bueller? Anyone? Raise your hands when you get it.

Don’t panic if you are quick. So far this initiative only has $3 million with which to experiment. Initially, your federal government hopes to increase seat belt use, install rumble strips, develop more effective ways to spy on truck drivers and keep them from speeding.  The Road to Zero Initiative will also implement “behavior change campaigns” and support “data driven enforcement.”

The strategies enclosed in quotes may need some explanation.

Behavior Change Campaign

A behavior change campaign is a propaganda blitz that is something more than standard public service announcements. Like, imagine a commercial that starts with sunny film footage of a Bobo, a member of the bohemian bourgeoisie – Harley-Davidson’s emerging core demographic – sedately riding a Harley Street 500 to the grocery store while a voice over announcer intones: “Brad Brandywine, a beloved husband, father, raconteur and philanthropist should have lived!”

Next, a stripper in a darkened club explains: “He helped me pay off my student loans.”

Then several, small, multicultural children weep: “He bought us a dog.”

After a quick edit, viewers see a very angry pitbull going: “Snarl. Muff! Fuff! Bark! Bark!”

That is quickly followed by a medium wide shot of many grieving people intercut with a lock off of a mangled Harley-Davidson Street 500 spotted with either red paint or blood: “But he had to get on that damn motorcycle!”

Concerned policemen: “Motorcycle!”

Doctor: “Bad!”

Then quick cuts of many, pretty, stupid, television newz casters saying: “motorcycle…bad…motorcycle…risk…motorcycle…stupid risk…motorcycle…common sense…motorcycle.”

Imagine you, your woman, your children, your dog and your elderly parents all seeing that 400 times a day. A behavior change campaign bombards everybody with a television, a computer, a tablet or a smart phone with many messages like that.

DDACTS

Data driven enforcement would be the bastard child of  “Data-Driven Approaches to Crime and Traffic Safety (DDACTS)” which  “is a law enforcement operational model supported by a partnership among the Department of Transportation’s National Highway Traffic Safety Administration and two agencies of the Department of Justice: the Bureau of Justice Assistance and the National Institute of Justice.”

“Using geo-mapping to identify “hot spots” – areas of high incidence of crimes and crashes – DDACTS uses targeted traffic enforcement strategies that play two roles in fighting crime and reducing crashes and traffic violations. The model responds to the competing demands for police services that law enforcement executives face every day.”

The government boilerplate seems to be an oblique way of saying “more speed traps,” “more sobriety checkpoints near entertainment districts,” and “more courtesy motorcycle safety inspections.” It might mean more business for the companies that make, install and monitor traffic enforcement cameras.

HAVs

The heart of the plan to end all traffic deaths is the proliferation of self driving cars and trucks. Towards the goal of keeping everything the government does as obtuse as possible, the U.S. Department of Transportation calls them “Highly Automated Vehicles” or “HAVs.”

HAVs, get used to hearing that, will eliminate crashes caused by fallible humans who drink and drive, exceed the posted speed limit, talk on the phone and glance at the Google map on the little television screen built into their dashboard. Don’t blame Google. Google is working on its own autonomous vehicle. Blame human beings.

The AMA seems to be the only organization in America which has questions about this inevitable march of progress that will transform America into a risk-free Borg hive.

AMA

In yesterday’s testy press release, the AMA’s Allard said, “The questions we have for the coalition and the DOT are ‘Was the exclusion of motorcycles intentional?’ and ‘Is a ban on motorcycles part of the plan to get to zero road deaths? It is hard to imagine how you could eliminate all human decision making from the operation of a vehicle, especially a motorcycle. If autonomous motorcycles were ever developed, no one would ride them. We also are particularly concerned that highly automated vehicles are not being developed in a manner that takes into account the detection of motorcycles.”

“Motorcyclists should have been included in this project from the beginning, either through direct interaction with the AMA or through the Motorcycle Advisory Council,” the AMA groused. “Let’s not let another moment slip by without considering the safety of this important segment of road users and taking steps to secure the future of this popular form of transportation.”

Virtually all national print-news outlets covered the announcement of the “Road to Zero Initiative.” None of them seemed to care what motorcyclists thought about it. It wasn’t much of a TV story. At least not yet. Not until it’s time to introduce America to poor Brad Brandywine.

BABE OF THE DAY

CA - New Year, New Laws for 2017 Affecting Drivers

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Natasha Sweatte

It’s countdown time for 2017, with just five days left in 2016.

A new year means new beginnings and new laws. 

Whether you’re an animal lover, an Uber driver, a parent, or a smart phone addict, there are a few California statewide laws you’ll want to note. 

It’s a sight no animal lover ever wants to see.

Being stuck in a car on a hot day may be uncomfortable to a human, but could be deadly for animals. 

“I’ve actually never seen it,” said Nina Motlaigh, a dog owner in Mira Mesa. 

Motlaigh rescued her fur baby Bella from a shelter in Mexico a year and a half ago.

Thankfully, she’s only witnessed responsible dog ownership, but unfortunately, that’s not always the case.

Dogs don’t sweat like humans do, causing them to overheat at a rapid rate.

Right now, by law, good Samaritans can break into a parked car without civil liability to rescue an animal at risk of overheating.

Assembly Bill 797 expands that law, enabling Peace Officers, Animal Control, and Firefighters to do the same. 

“As long as an animal is in danger and it’s proven there’s an animal in the car, I think it’s perfectly fine for anyone to go to the car and take the animal out,” said Motlaigh. 

Starting in 2017, Uber drivers will face more extensive background checks. 

“I like it the way it is,” explained Omari Lawrence, a San Diego-based Uber Driver. 

Lawrence said it took him about a week to get his background check for the past seven years, license and registration verified.

However, Assembly Bill 1289 will now look at a driver’s entire record.

The new law establishes the company will not hire sex offenders, people convicted of any violent crimes, assault, domestic violence, or DUI.

A possible concern for drivers is whether this extended background check will raise prices for riders. 

“That would definitely be a concern for the drivers,” said Lawrence. 

Lawrence said he doesn’t like the sound of something like that potentially affecting his business.

However, he understands the need to make riders feel safe. 

“They’re doing what they have to do to bring more positive changes to their company,” said Lawrence. Attention all Smartphone addicts: Assembly Bill 1785 may affect you while you’re out on the road.

We Californians already can’t talk on our phones without it being on speaker, but this new law now prohibits a driver from holding a hand-held phone or electronic device for any reason.

It can be mounted on your vehicle’s dashboard or centered console.

However, you’re excused from the law if you’re deactivating your device.

Another upcoming law requires parents to use rear-facing car seats for children under the age of two.

The bill’s author, Assemblywoman Cristina Garcia, D-Bell Gardens, and other supporters cite a 2007 study and noted rear-facing seats performed better in crashes.

New California gun laws taking effect in 2017

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By: Zak Dahlheimer

More draconian, unconstitutional, and absolutely unnecessary California gun control laws. Have taken effect. As of today.
All of which do nothing. Except provide an upper hand to violent criminals. Who are preying on law abiding citizens. And, continue the incremental monopolization of power. Into the hands of the state.
http://www.kesq.com/…/new-california-gun-laws-tak…/238681258
PALM DESERT, Calif. - Kent Miller with Second Amendment Sports said they've been keeping busy ahead of 2017.

While a new year often triggers new laws, he said many have come in inquiring about certain rifles that in just days will be classified by the state as having features related to assault weapons.

"Any firearm that was compliant up to this point using the feature called a bullet button, which is a magazine-locking device that requires you to use a tool to release the magazine, is no longer legal," Miller said.

Along with the ban of rifles with a bullet button, Miller said another law taking effect in the new year involves magazines holding more than 10 rounds to either be shipped out of state, surrendered to law enforcement, or destroyed.

As the new laws take effect, experts like Miller said they hope gun owners will follow them, regardless of opinion.

"Law abiding citizens are going to continue to do what law abiding citizens do," Miller said. "They'll register their firearms, they're going to use them how they do in a sporting fashion, come to the range and practice and train with those."

Miller said the last day to buy a rifle banned under the new law was december 21st due to a 10-day waiting period.

He said if you already have a firearm classified under the new law, you can keep it, as long as you register it online with the Department of Justice.

The link for the registration hasn't been set up yet.

He said you can't sell or give those guns away, now that they're classified with assault weapon features.

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