California Motorcyclist Anti-Profiling Coalition

OFF THE WIRE
California Motorcyclist Anti-Profiling Coalition Assembly Bill 2972 passed out of the Public Safety Committee on April 10 on a 5-2 vote and is now scheduledto be heard by the full Assembly and then referred to the Senate.The bill, A.B. 2972, introduced by California Assemblymember Anna Caballero (D-Salinas) and co-authoredby Speaker Pro-Tem Kevin Mullin (D-San Mateo), would prohibit law enforcement officers from using “thefact that a person rides a motorcycle or wears motorcycle or motorcycle club-related clothing as a factor,without any individualized suspicion of the particular person, in deciding to stop and question, take enforcementaction, arrest, or search a person or vehicle, with or without legal basis under the California Constitution or theUnited States Constitution."It is now imperative that you contact your representatives immediately and ask them to please support AB-2972. If you don’t know who yours representatives are, you can find out who they are at: www.findyourrep.legislature.ca.gov Here are a few talking points to submit to your representatives when asking them to support AB-2972: • The states of Washington and Maryland have passed legislation - (S.B. 5242 in 2011 and S.B. 233 in 2016 respectively) specifically forbidding the profiling of motorcyclists • California adopted AB 1047 in 2012 and New Jersey adopted A. 2316 in 2015 both specifically outlawing motorcycle-only checkpoints. • Checkpoints are also restricted by state law or judicial action in: Alaska, Louisiana, Missouri, North Carolina, Virginia, Illinois, New Hampshire, Idaho, Iowa, Maryland, Michigan, Minnesota, Oregon,Rhode Island, Texas, Washington, Wisconsin and Wyoming. • Motorcyclist profiling is a pervasive problem in California. Motorcyclists are often targeted because of an overly-broad outlaw biker stereotype. The historical pattern of evidence is documented andirrefutable. Motorcyclists are regularly the victims of selective enforcement from coast to coast,particularly in California, even during political and charitable events based solely on their appearance,not their conduct. • Motorcyclist profiling is unconstitutional; Profiling relies on appearance to establish suspicion as opposed to the legal requirement of conduct. A motorcyclist profiling stop amounts to a motorcyclistbeing detained, and sometimes cited, motorcycle seized, or both because of constitutionally protectedfreedom of expression and / or association. Sometimes a motorcyclist is detained and not cited or anyform of action taken, the motorcyclist was detained for no other reason than their appearance.The solution is to pass Assemlymember Anna Caballero’s AB-2972. AB-2972 is a highly effective solutionwith no training or fiscal impact, and AB 2972 does not prevent law enforcement from doing their job.ALL motorcyclists should contact their representatives immediately and ask them to pass this cost free commonsense bill. If you have any questions, please reach us at: antiprofilingbill@abate.org

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