This Week in Gun Rights 7-28-2018:

OFF THE WIRE
This Week in Gun Rights 7-28-2018:
Ninth Circuit Panel decides that the Second Amendment extends beyond the home
http://bit.ly/2LtK7mg

More people use a gun in self-defense each year than die in car accidents
http://bit.ly/2mJxQep
Seattle would force gun stores to run health warnings about homicide, suicide
http://bit.ly/2LRLRBV
Gun rights supporters are following Parkland students around on their gun control tour
http://bit.ly/2uP8dxs
U.S. gun control groups seek to block distribution of 3-D gun blueprints
http://bit.ly/2LNTIQN
Scott’s approval rating topples after signing gun control bills
http://bit.ly/2v8JR0K
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FPC is pleased to introduce you to our weekly feature: This Week in Gun Rights.
Every week, we’ll put together a news roundup of the most important, interesting, maddening, or just plain funny stories relating to the Second Amendment. Our goal is to keep you informed AND engaged. But don’t be surprised if our coverage gets a little… snarky sometimes. So make sure to check back every week, as we’ll always have something new, fun, or interesting for you to watch!
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Bernard DeLury and Louis Brandeis

OFF THE WIRE

In 1890, a legal lion cub named Louis Brandeis coauthored an article in the Harvard Law Review titled “The Right To Privacy.” The article continues to resonate in the age of Facebook, Stingrays, facial recognition and automated license plate readers.

Three years later the young lawyer wrote his fiancé that he had started thinking “about the wickedness of people shielding wrongdoers and passing them off (or at least allowing them to pass themselves off) as honest men.” He finally got around to writing an article about that for Harper’s Weekly, titled “What Publicity Can Do” 20 years later, three years before he made it to the United States Supreme Court. “Sunlight is said to be the best of disinfectants,” Brandeis said.

Louis Brandeis

Brandeis was very quotable.

“The right most valued by all civilized men is the right to be left alone.”

“If we desire respect for the law, we must first make the law respectable.”

“The only title in our democracy superior to that of President is the title of citizen.”

But the line about sunlight as a disinfectant may be the one most quoted by contemporary lawyers. A half dozen defenders in the many Twin Peaks cases have pulled it out of their briefcases for example.

To some people, Louis Brandeis for example, it seems obvious that justice should be transparent rather than secret. Evidence and information should be exposed to the light, Brandeis would have argued, rather than in a locked box guarded by an inquisitor or a prosecutor. The odds in a criminal case should favor defendants. The point of American justice is not to convict people who might be guilty. The point is to protect people who are accused because anybody can be accused.

Bernard E. DeLury, Jr.

Monday afternoon a New Jersey judge named Bernard E. DeLury, Jr. (photo above) officially disagreed with Brandeis’ sunlight metaphor. DeLury and Brandeis don’t often come up in the same conversation. DeLury never wrote for the Harvard Law Review. He went to law school in Camden and then he worked for a casino. Of course he did.

Yesterday afternoon DeLury ruled that former Pagans Ferdinand “Freddy” Augello must shut up about being framed for the murder of the venerable, soon to be blessed, entrepreneur and radio personality April Kauffman six years ago. DeLury thinks Augello’s words are dangerous. DeLury thinks sunlight is dangerous.

DeLury’s intention is not to protect Augello’s right to a fair trial. His intention is to protect prosecutors and to conceal from the people of New Jersey and the United States who actually killed April Kauffman, and why someone wanted to do that, and how this mostly secret case came to be, and how much it cost and why Freddy Augello got to be a scapegoat.

DeLury silenced Augello because Augello asked questions like that and used the internal contradictions in the evidence the government will use against him to answer the pretty obvious questions that people in a democracy have a right to ask. DeLury obviously thinks Augello is already guilty. So does most of the press in Philly, New Jersey and New York.

From the government’s point of view, from the press and the judge’s point of view, Augello was a self-admitted Pagan. It is only logical that he should be treated the way he has been treated.

“Look, Freddy. You were in the Pagans outlaw motorcycle gang. What else did you expect?”

The Justice Casino

Criminal justice has become the justice casino in America largely because prosecutors play the role of the house and criminal defendants must either just give it up or take their chances playing the slots. There are prisons to fill. There are pockets to line. There are careers to advance. There are trips to be taken to the south of France.

Augello was basically offered life in prison last week for pleading guilty. Or, he was told, he could inconvenience the court by putting up a fight in which case the state of New Jersey would take his life away piece by piece. Augello told the prosecutors to come and get it.

Beyond doubt, the most poignant thing about this case is that Augello still believes in the system. He wants to go to trial. He thinks the worst is behind him. He thinks the worst was the Swat raid when a squad of deluded cops who think they are Seal Team Six wrecked his home, terrorized everyone in it, stole all his stuff and threatened to kill his dog. Freddy thinks it is so obvious that he is innocent that he is eager to get his trial over with so he can go back to his old life.

Snitches

One of the people who will testify that Freddy did it is a snitch named Andrew (Chef) Glick. Glick is a former Pagan who actually got caught red-handed selling drugs and he has a less idealistic view of the justice casino that Augello. Earlier this year, the FBI arranged for a trustworthy, Toronto Star propagandist named Peter Edwards to interview Glick. Glick told Edwards why he suddenly remembered that Augello had arranged the murder of April Kauffman. “I was looking at 40 years for weapons and drugs,” Glick explained.

Edwards filled in the narrative: “The FBI alleges that April Kauffman’s murder was arranged by her husband, Dr. James Kauffman, a physician in Egg Harbour Township, N.J., and members of the Pagan’s, including Glick’s former buddy Ferdinand (Freddy) Augello, former president of the local Pagans chapter.”

“She was targeted for murder because she threatened to tell authorities how her husband and members of the Pagans were involved in a massive opioid trafficking ring, authorities say. Her threats came in the midst of an ugly divorce from the doctor, Glick said.”

This was not, according to DeLury, at all prejudicial to Augello’s case.

Another witness who will testify against Augello at trial is a piece of work named Joseph Mulholland. According to prosecutors, Joe Mulholland’s cousin Francis Mulholland actually killed April Kauffman. Francis Mulholland conveniently died. Joe Mulholland confessed that he drove his cousin to the hit because Freddy Augello told him to do it. Joe Mulholland hasn’t been charged with murder and he will not be. DeLury thinks the detail that Joe Mulholland claims to have actually participated in April Kauffman’s murder taints the case, in favor of the defense, so he wants that fact suppressed lest it poison the jury.

The hour long ABC News special broadcast about the case, promoted by the district attorney, that featured interviews the district attorney and his chief investigator and included details about the case that had not been released to the defense, was not a problem when it aired a month ago.

Facebook

But you know what is prejudicial in the case? Freddy Augello’s Facebook page. That’s right. You know why it is prejudicial? Because it unfairly asserts Freddy Augello’s innocence of the crime for which he has been charged and it has published evidence from the case that would tend to be exculpatory.

Yesterday DeLury said both Augello and the prosecution must now stop talking about the case. DeLury said that if Augello is allowed to comment on the case his remarks might jeopardize his right to a “fair trial.”

By defending himself on Facebook, “Defendant Augello has the potential to taint, prejudice and disqualify an innumerable number of jurors,” Assistant Prosecutor Seth Levy told the judge. “The only hope for a fair trial in this case is to stem the current flow of discovery to the public.”

“Many of the witnesses made statements of a derogatory nature toward or against the interests of such violent organizations as La Cosa Nostra and The Pagan Outlaw Motorcycle Gang, both of which are known to take violent retaliation against perceived rats,” Levy said.

DeLury thought that made pretty good sense. Particularly the part about telling all the prospective jurors that the Pagans should properly be regarded as an “outlaw motorcycle gang” equivalent to “La Cosa Nostra.”

The judge ruled, “the parties shall take immediate steps to remove to the greatest extent possible any materials and information that the parties have posted concerning this case that remains under their control, such as personal social media sites, and organizational or business websites, within 48 hours.”
That means only Augello’s Facebook page has to come down because it is under his control. Edward’s article can stay up. The ABC News special can be rebroadcast at any time. Every prejudicial, misleading, or untruthful statement by prosecutors that has been repeated in news media anywhere can stay up because the news media is separate from the local district attorney. Only Freddy’s Facenook page has to come down

Yesterday’s ruling was surreally reminiscent of French poet Anatole’s France’s wisecrack that “the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.”

Augello’s trial is scheduled to begin September 11.

NCOM BIKER NEWS BYTES

OFF THE WIRE

THE AIM/NCOM MOTORCYCLE E-NEWS SERVICE is brought to you by Aid to Injured Motorcyclists (A.I.M.) and the National Coalition of Motorcyclists (NCOM), and is sponsored by the Law Offices of Richard M. Lester. If you’ve been involved in any kind of accident, call us at 1-(800) ON-A-BIKE or visit www.ON-A-BIKE.com.

NCOM BIKER NEWSBYTES

Compiled & Edited by Bill Bish,

National Coalition of Motorcyclists (NCOM)

HAWAII APPROVES SHOULDER SURFING

Some places allow lane splitting, riding between lanes of slow moving traffic, and others allow lane filtering where riders can filter through traffic at stop lights and proceed ahead of other vehicles when it turns green, but as an alternative Hawaii will now allow motorcycles to ride on the shoulder of the roadway.

Authorities have been debating allowing riders to practice lane filtering, as opposed to lane splitting, but after much deliberation Hawaiian riders will get neither, and instead will be the first state to get shoulder surfing: House Bill 2589 will allow two-wheel motorcycles to travel on the shoulder in designated areas of state roads, when there is congestion.

In Hawaii, the lanes are narrow, which makes lane splitting and filtering a greater concern.  The motion was approved, however, Governor David Ige (D) was initially against the idea, stating that the shoulder lane was reserved for stopped vehicles and emergency services.  He considered that allowing motorcyclists to surf the shoulder would equate to higher risks of accidents.

Despite the Governor's initial intention to veto the motion, on July 12th, 2018, it was passed by default, without the Governor's signature.  In Hawaii, any bill left unsigned and un-vetoed automatically becomes a law.  Effective January 1, 2019 riders will be allowed on the shoulder on roads of at least two lanes in each direction and with a shoulder lane wide enough for a vehicle to circulate safely.

This experiment will also serve as an indication of whether this kind of measure concretely helps the flow of traffic or not.

LANE SPLITTING MAY BE ALLOWABLE IN MORE PLACES

Although practiced by motorcyclists around the globe, lane splitting is legal in only one American state; California, though theoretically the practice could be permissible in 12 other states and Washington, D.C., reports RideApart.com; “California is the only state where lane splitting has any sort of official legal status, but that has only been the case since 1 January 2017.  Before then, the commonly practiced riding technique was something of a gray area -- not specifically legal, but equally not specifically illegal.  According to attorney Michael Padway, lane splitting exists in the same legal gray space in the following states: Arkansas, Delaware, Kentucky, Mississippi, Missouri, Montana, New Mexico, North Carolina, Ohio, Oklahoma, Texas, and West Virginia.”

So, perhaps the only reason people think it’s against the rules in the states mentioned is precedent, but since lane splitting is not necessarily protected it would be up to an officer’s discretion to determine whether the practice is safe.

MICHIGAN MODIFIES HANDLEBAR HEIGHT LAW

Michigan recently became the latest state to modify or repeal their antiquated handlebar height law, which many states enacted decades ago to give police a reason to pull over bikers.  Currently, Michigan law prohibits anything with a handlebar height over 15 inches (measured from the lowest point on the saddle to the highest point on the handlebars), but Senate Bill 568, signed into law by Governor Rick Snyder (R) increases the maximum allowable height of handlebars on motorcycles and mopeds from 15 inches to 30 inches.

“Motorcycles have changed drastically over the years and customization is very popular among riders,” said Senator Rick Jones (R-Grand Ledge) who sponsored the legislation.  “One area where they are often doing so is with the height of the handlebars to offer a more enjoyable ride…by allowing for additional rider customization that does not expose a safety hazard.”

Additionally, many motorcycles on the road today may not even be compliant with current state law.

In recent years, states like Wisconsin and Ohio have eased their restrictions; “I look forward to the governor putting Michigan on par with some of our neighbors concerning handlebar restrictions,” commented Sen. Jones, adding that some states have no height restriction at all.

Jones said the bill was brought to him by the group American Bikers Aiming Toward Education (ABATE) after a member of the riding community proposed the idea.

INTERIOR DEPARTMENT PROMOTES POWERSPORTS

A new U.S. Department of the Interior summer video posted on YouTube and other social media sites features exciting scenes of off-road motorcycling on public lands, and the Motorcycle Industry Council (MIC) is calling on all riders to applaud the efforts of the department and the Outdoor Recreation Roundtable (ORR).

The Interior Dept. video, “Recreation’s New Look,” is the latest result of combined Interior and industry efforts to give outdoor recreation a new look for the 21st century, and one that clearly includes powersports.

“Along with Interior and the ORR, the Motorcycle Industry Council, Specialty Vehicle Institute of America (SVIA) and the Recreational Off-Highway Vehicle Association (ROHVA) have worked hard to make powersports an even more recognized outdoor activity on public lands and this new video really showcases that effort,” said Tim Buche, MIC president and CEO.

The ORR works to promote policy and legislative reforms needed to enhance the outdoor recreation economy, which accounts for $673 billion in annual economic output.  Since early 2017, the MIC, SVIA, ROHVA and other outdoor industries have been meeting with Secretary Ryan Zinke and officials from Interior and the U.S. Forest Service to discuss ways to improve visitor experiences on America’s public lands and waters, including providing more and better access to trails.

H-D SHIFTS OVERSEAS CITING TARIFFS, TRUMP LURES OTHER BIKE-MAKERS TO U.S.

A few weeks ago, Harley-Davidson announced that it was moving some production offshore claiming it was due to President Trump’s trade war tariffs, stating in prepared remarks; “Increasing international production to alleviate the EU tariff burden is not the company’s preference, but represents the only sustainable option to make its motorcycles accessible to customers in the EU and maintain a viable business in Europe. Europe is a critical market for Harley-Davidson.”

To briefly recap: Trump enacted tariffs on imported steel and aluminum earlier this year, prompting the European Union to place tariffs on a broad range of American imports, including motorcycles.  That, in turn, prompted Harley, already facing headwinds, to move some of its jobs overseas, announcing plans to open a motorcycle assembly plant in Thailand this year.

In response, according to a report by Business Insider, the President is now looking to foster foreign manufacturers in the US, tweeting; “Now that Harley-Davidson is moving part of its operation out of the U.S., my Administration is working with other Motor Cycle companies who want to move into the U.S. Harley customers are not happy with their move - sales are down 7% in 2017. The U.S. is where the Action is!”

SCOTUS SIDES WITH MOTORCYCLE THIEF

It's not often that a motorcycle-related legal case ends up in the U.S. Supreme Court, but as the result of a dispute over a stolen bike in Virginia, the case of Collins v. Virginia, 16-1027 focused on the Fourth Amendment, and whether or not police violated the defendant’s Constitutional right against unreasonable searches and seizures during a 2014 investigation.

Now, several years after the initial incident, the highest court in the land has concluded that the defendant’s fourth amendment rights were indeed violated when a Albemarle County, Virginia, police officer strolled onto the defendant’s (or rather his girlfriend’s) property, lifting a cover to reveal a stolen motorcycle.

In this particular case, the Supreme Court Justices voted 8-1 in favor of Collins, with Justice Sonia Sotomayor asserting the search was an "invasion of the sanctity" of Collins’ curtilage (basically the land/area surrounding one’s house).

Regarding the “automobile exception” which allows certain types of searches to be conducted on vehicles without a warrant since, unlike a house, cars can be moved at a moment’s notice, Sotomayor contended it "does not justify an intrusion on a person’s separate and substantial Fourth Amendment interest in his home and curtilage”.

So in the end, Collins’ “receiving stolen property” conviction previously handed down by the Virginia Supreme Court was overturned, though the U.S. Supreme Court has yet to close the book on the potential for Collin’s convictions to be upheld on different grounds.

Of particular importance to the motorcycling community, irrespective of guilt or innocence, ownership of a motorcycle does not invite an unwarranted search.

WORLD’S FIRST MOTORCYCLE-THEMED AMUSEMENT PARK BREAKS GROUND

What could be more exciting than a theme park dedicated to motorcycle-riding, including a high-speed head-to-head roller coaster race?

To be identified as "Ducati World", Ducati laid the first stone to the world’s first theme park dedicated to all the motorcyclists, young or old, that will include a showroom, children’s attractions, virtual reality and many more indulging experiences fully showcasing the Ducati brand in a larger than life format.

Located at Mirabilandia, the "Ducati World" will be the world’s first entertainment arena themed after a motorcycle brand.  It will become a part of the Mirabilandia leisure park which is in the Emilia-Romagna region of Italy, the birthplace of Ducati.

It will be spread across 35,000 square-meters and feature a unique new-gen roller coaster that will “turn each visitor into a Ducati rider” as a major attraction.  It will also be home to motorcycle simulators allowing visitors to have the feel of the road on superbikes and track machines going at full throttle.

The highlight of the amusement park would be a racing-inspired interactive roller coaster, which simulates a ride on a Panigale V4 with the power to control the acceleration and braking; “An authentic head-to-head between bikes roaring along parallel rails.”

A museum will showcase the rich history of the iconic brand, and of course you’ll have fine multi-cuisine Ducati and Ducati Scrambler-themed restaurants and Michelin-starred kitchens cooking delicious meals. The Ducati shop will give the visitors the opportunity to buy all sorts of official Ducati and Ducati Scrambler apparel and merchandise.

Gates to the “most engaging and innovative experience for motorcycling fans” will open to the public in 2019.

SOA BLAMED FOR RISING ‘BIKER GANG’ NUMBERS

We blame a lot on television shows and on movies…violence, sexuality, food – but we can apparently now add fictional dramas to the long list of things that are bad for us on TV, as the Royal Canadian Mounted Police (RCMP) recently released a statement that blamed the FX series “Sons of Anarchy” for the rise in “outlaw biker gangs’ numbers” in the province of Nova Scotia.  The show ended four years ago, but it apparently keeps inspiring edgy riders to jump in the saddle and seek out their peers.

According to RCMP Constable Scott Morrison, the spirit of camaraderie is the big selling point.  "They think the camaraderie is there based on the television show and they're joining up," he told CBC News.

DUTCH JUDGES BAN ‘HOMEGROWN BIKER’S GANG’

In The Hague on June 18, Dutch judges banned a national motorcycle club and seized all its assets, ruling members had spread a culture of violence and criminal activities in the Netherlands:  "The court in The Hague has decided today that the motorcycle club Satudarah is banned with immediate effect," the judges said in their ruling.

The judges also ordered that the club should lose all its assets including access to its clubhouse.

The case had been brought by the Dutch prosecution service, as part of an ongoing clampdown on gang violence.  Last year prosecutors successfully shut down the Bandidos MC when a court in Utrecht ordered all the club's chapters to close, saying it posed a public threat.  Dutch justices have also tried in vain several times to outlaw the Hells Angels as a criminal organization, but a new case against the club is due to be heard soon.

QUOTABLE QUOTE:  "It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error."

~ U.S. Supreme Court Justice Robert H. Parker (1892–1969), American jurist

BABE OF THE WEEK -Moriah

Advocating for More Transparency from DMV on Behalf of Gun Owners

OFF THE WIRE
Some of my constituents have expressed their frustrations that their ability to purchase firearms has been impeded if they have not obtained a REAL ID and were issued a federal non-compliant driver’s license after January 22, 2018. They only found out when they went to make a firearms purchase and were turned away because their IDs no longer establish their legal presence in the U.S. I sent a letter to the Department of Motor Vehicles (DMV) to request an update on the Director’s plans to ensure that law-abiding citizens are fully informed on how their decision not to obtain REAL ID can obstruct their ability to purchase firearms.

According to the DMV website, Californians currently have the choice to apply for a REAL ID driver license or ID card, or renew or apply for a federal non-compliant card. This new choice is being offered in preparation of the new federal requirements that will take effect in October 2020, when only REAL ID card or other federally approved documents will be accepted to board a domestic flight or enter secure federal facilities. However, in their communications with the public describing the limitations of the “FEDERAL LIMITS APPLY” licenses, no mention is made on the impact on one’s ability to purchase firearms. When I hear back from the DMV, I will be sure to inform those that have reached out to me regarding this issue.

I will continue to track this issue and update you on the DMV’s response. If you’ve experienced any difficulties regarding the REAL ID or “Federal Limits Apply” licenses, please let me know at senator.anderson@sen.ca.gov so that I can give the DMV the information.

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Fund for Wildfire Protection and Prevention Efforts

Recently, I was invited into the TV studio to discuss my bill SB 1169 on KUSI. I introduced this bill to help local communities devastated by wildfires prepare for future fires by providing them with crucial wildfire protection and prevention funds because we can do more to prevent fires. In our community and throughout the state, there are fire districts that require newer and updated equipment to better fight fires, and programs who could use additional funding to provide wood chipping and home hardening services to low income rural residents. You can watch the full interview here: http://www.kusi.com/senator-joel-anderson-introduces-bill-to-fund-fire-prevention-and-protection/.

Donna and Jack Perry share their experience during the 2007 Witch Creek Fire.

(To watch the video, click the photo or go to https://youtu.be/EHRlc3hYHc8.)

The bill will direct a portion of fines paid by utilities deemed responsible for the fire to protection and prevention efforts in the area where the fire occurred. There are details of the proposal that I would like to work with Governor Brown to fine-tune, and I am grateful for the huge support I have received from fire safe councils and fire districts in the San Diego area.

Sheryl Landrum is the Executive Director of the Fire Safe Council of San Diego County, and she explains how the bill would help the people and communities she serves.

(To watch the video, click the photo or go to https://youtu.be/k5nk7oeSZBc.) 

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Lakeside Community Coffee Town Hall

It’s my job to make government work for you, and I had the privilege of answering questions regarding state government at my Community Coffee town hall meeting in welcoming Lakeside. My special thanks to Lakeside Water District Director and owner of Hilliker's Ranch Fresh Eggs, Frank Hilliker, for hosting the event, and to Paula Jansen, Commander for the VFW and Senate District 38’s Woman of the Year, for allowing us to use the Lakeside VFW Hall.

During the event, I was asked a wide range of issues from unemployment loans and their effects on small business to the diversity of education in our local colleges and the benefits of allowing students to learn from curriculum formulated from diverse backgrounds and opinions. On a more local note, I answered questions on the regulation of traffic in the Lakeside district and brainstormed options with my constituents on how to better reduce the gridlock and crowding that homeowners in the area experience.

Although my days left in the Senate are numbered, I am committed to finishing strong and representing you to the best of my ability. It has been a pleasure serving the citizens of Senate District 38 and I am forever thankful for the 12 years I’ve been given being your representative. Programs like the Community Coffee Town Halls remind me how huge a privilege it is to serve my constituents and speak with them face to face. Thank you all for letting me serve you. It has been an honor.  

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Tuskegee Airmen Luncheon

I had the privilege of reconnecting with the Gen. Benjamin O. Davis Chapter of Tuskegee Airmen Inc. by attending their first annual fundraiser luncheon in May. Against the historic backdrop of the Veterans Museum in Balboa Park, members of our military, including Tuskegee Airmen Nelson Robinson, shared powerful stories of sacrifice, camaraderie, and service.

The Tuskegee Airmen were an elite combat unit during World War II as well as the first African American aviators to fly in our military. In the face of racial barriers and Jim Crow laws, this group fought tirelessly for our country, representing the ideals we hold most dear, even when facing discrimination. Nelson spoke of the dynamic and challenging nature of his own experience as a young engineer in the air force, and about how critical the Tuskegee Airmen were, maintaining, “the best bomber support escort in all the US armed forces.” 

Pictured here, Nelson showed me glimpses into the rich history of their experience: pictures of the aircraft that were used, the men themselves and the times they shared together. I first met Nelson and several other members of this group in 2013 when I was fortunate enough to help pass Senate Concurrent Resolution (SCR) 90. It designated part of the Interstate-15 Highway as the “Tuskegee Airmen Highway” to permanently recognize and celebrate their legacy as American heroes. More details about this resolution can be found in another Anderson360 News Update.  

It was an honor to accept this award of recognition on behalf of the whole coalition that helped pass SCR 90, and for the work I feel blessed to do each day supporting our military. An even greater privilege was being recognized as an honorary member of the San Diego Chapter (Gen. Benjamin O Davis Chapter) of the Tuskegee Airmen Inc. To stand alongside these brave Americans is a deeply meaningful and humbling experience I do not take lightly.

Ron Lacey serves as the president of the Tuskegee Airmen Inc. General Benjamin O. Davis, Jr. Chapter, San Diego. He is also Tuskegee Airmen Inc. Western Region Public Relations Officer. Ron shared,

“We like to bring prominent citizens on board as honorary members that will continue the Tuskegee Airmen’s legacy in unparalleled ways. Without a question, Senator Anderson has gone above and beyond in the naming of a portion of a highway after the Tuskegee Airmen and in supporting legislation that designates a ‘Tuskegee Airmen Day’ in California. Naming Senator Anderson an honorary member is not only a tribute to his accomplishments, but more importantly, to the Tuskegee Airmen.”

Thank you, Ron for your kind words.

If you would like to learn more or become involved in this great organization’s efforts to keep our nation’s history alive, information about the local San Diego Chapter can be found at http://www.tuskegeeairmensandiego.org/.

E. Palo Alto May Give Homeless People Living In RVs A Permanent Place To Park

OFF THE WIRE
EAST PALO ALTO (KPIX) – East Palo Alto may provide people living in motor homes and RVs a permanent parking space.
The city is considering a plan to provide parking and some services at the former Tanklage site on Bay Road.
“They have so many homeless people here, but they think they’re all drug addicts,” says Annette Brown. “That’s not the case.”
Brown is talking about the dozens of people who live in cars and RVs who parked there.
People like Mattie Flores, a retired housekeeper who’s been living in her car for a year-and-a-half and settled in here a month ago.
“I buy ice every day to keep my food fresh. I’m just trying my best to survive. That’s all I can do,” says Flores.
Now, there may be a more permanent place for them to stay.
The city is deciding whether to turn city-owned land into a sanctioned safe parking lot for homeless RVs.
“I am not aware of any RV safe parking initiatives, actually in the whole state,” says Pastor Paul Bains of Project ‘We Hope.’
The pastor is working with the city and community groups to make the
first-of-its-kind RV parking plan happen.
“If you are a transient, this program is not for you,” he said.
There would be space for 20 vehicles which would have to be safety checked, operational and able to drive in and out of a space every day.
An estimated 53 percent of the children in the Ravenswood School District are considered homeless. The program is designed to help them and their families.
“We’re going to work with the people in our backyard as opposed to a ‘not in my backyard’ mindset,” said Bains.
He’s talking about neighborhood opposition.
Lee Clemons has owned the commercial lot next to the proposed RV parking site for 50 years.
“I keep my place clean, and I don’t want people to make this a junkyard,” he says. “I have nothing against homeless folks as far as that’s concerned.”
But he says the city’s plan is unrealistic and is likely to create more problems than it solves.
“They’re going to bring a whole lot of trash and stuff, rats, right next door. And I don’t want it. It’s going to degrade my property.”
The city says there will be trash pickups and sanitation, plus portable showers and laundry machines.
Mattie Flores says it would be a small improvement in an otherwise tough existence.

“We would have garbage cans and be more organized,” she says. “I really think it would be safe and better for us.”

Motorcycle Profiling.

OFF THE WIRE
 

BABE OF THE WEEK - MEL

 

California Motorcyclist Anti-Profiling Coalition

OFF THE WIRE

April 27, 2018

Hello friends:

On April 10^th our Motorcyclist Anti-Profiling bill was heard on the Assembly floor and we did NOT get enough votes to pass!  HOWEVER, we were granted “reconsideration” which means we were given time – until the end of May – to persuade legislators to vote our way.  It is CRITICAL that each of us contact our legislators and as many of these legislators as you possibly can and ask them to support or AB 2972 when it comes up for reconsideration!

These calls or emails do not have to be elaborate or hard!  Simply call or email and respectfully ask the staff member who answers the phone to please let the Assembly member know that you request for him / her to support AB 2972.  That is all there is to it!

I have attached a list of 29 legislators that abstained from voting on our April 10^th hearing of our Motorcyclist Anti-Profiling bill.  Our committee feels that these are the critical legislators to try and get them to vote for our bill.  Their contact information is on the attached sheet.  Please do not put this off!  Even on the weekend you can leave a message on their answering machines or email them.  Do not let a simple phone call or email stop you from protecting YOUR right to ride hassle free!

If your Assembly member is not on this list contact them also.  You can find your Assembly member at www.findyourrep.legislature.ca.gov

If you have any questions or comments, please contact us immediately at antiprofilingbill@abate.org

We are having hard copies of the attachment printed and will be shipping them next week.  IF you can help distribute them to your friends, bike shops, etc., and if you wish to help, please email us your shipping address and we will see to it that you get some.

Please share this email and the attachment with everyone you know!

Thank you!

Nick Benson Sr / Member

California Motorcyclist Anti-Profiling Committee

VERY IMPORTANT.  Please read the attached CTA, then email and/or call the legislators listed.  Each name on the list has the assembly members official website and their home office links to send an email.

In San Diego County District 77, we especially need to contact Brian Maienschein (R).  If you are in his district, please make sure to contact him and ask that he vote YES on AB2972.  Mention you are a constituent.  If you are not in the district, please contact him anyway along with the others. 

Brian Maienschein – AD 77 – San Diego area / Zip 94249..................................................................... 916.319.2077
https://lcmspubcontact.lc.ca.gov/PublicLCMS/ContactPopup.php?district=AD77&inframe=Y

Assemblymember.maienschein@assembly.ca.gov

Maienschein, Brian

77

Republican

Contact Assembly Member Brian Maienschein Capitol Office, Room 4139 P.O. Box 942849, Sacramento, CA 94249-0077; (916) 319-2077 District Office 12396 World Trade Drive, Suite 118, San Diego, CA 92128; (858) 675-0077

If you are not in Brian Maienschein’s district, it would be good to contact your legislator and ask them to vote for AB2972, and thank those who voted yes.  Here’s all San Diego representatives and how they voted. 

VOTED NO

District 71            Randy Voepel                    Republican      Office - Santee                  Contact Assembly Member Randy Voepel

District 75            Marie Waldron                 Republican       Office - Escondido            Contact Assembly Member Marie Waldron

District 76            Rocky J. Chavez                 Republican      Office – Oceanside          Contact Assembly Member Rocky J. Chávez

DID NOT VOTE

District 77            Brian Maienschein          Republican        Office – San Diego            Contact Assembly Member Brian Maienschein

VOTED YES

District 78            Todd Gloria                       Democrat          Office – San Diego            Contact Assembly Member Todd Gloria

District 79            Shirley N. Weber              Democrat         Office – San Diego            Contact Assembly Member Shirley N. Weber

District 80            Loren S. Gonzalez-           Democrat          Office – San Diego            Contact Assembly Member Lorena S. Gonzalez Fletcher

     Fletcher

NCOM BIKER NEWSBYTES

OFF THE WIRE
NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)

NEW ‘A BIKER’S GUIDE TO MAKING LAW’ BROCHURE AVAILABLE FROM NCOM
The latest in a line of “BIKER’S GUIDE” brochures was recently unveiled during the Mock Legislative Session at this year’s NCOM Convention in Mobile, Alabama.  Conducted by the National Coalition Of Motorcyclists’ Legislative Task Force (NCOM-LTF), the seminar was a hands-on demonstration of passing legislation, providing a perfect opportunity to unveil the new “A BIKER’S GUIDE TO MAKING LAW” educational brochure of similar topic.

The new tri-fold brochure was produced by the NCOM-LTF to explain how to get a bill introduced and lobby for pro-motorcycle legislation, and is being provided free of charge to any Motorcycle Rights Organization (MRO), Confederation of Clubs (COC), NCOM Member Group, club or organization, through Aid to Injured Motorcyclists (A.I.M.) and the Law Offices of Richard M. Lester.

“The Biker’s Guide was well received,” said Frank Ernst, Chairman of the NCOM-LTF following the mock session on May 12th.  “After we passed them out, many attendees came up and asked if they could have additional copies, and most agreed it is a valuable tool and will give people help on how to get started in the process.”

A BIKER’S GUIDE TO MAKING LAW joins previous titles in the educational series which includes; RUNNING FOR PUBLIC OFFICE, COMMUNICATING WITH GOVERNMENT, and NEWS MEDIA RELATIONS, and for free copies for you and your motorcycle group, call A.I.M./NCOM at (800) ON-A-BIKE (800-662-2453).

MOTORCYCLIST FATALITIES TREND DOWNWARD
Nationwide motorcycle traffic fatalities dropped by 5.6% from 2016 to 2017, a new report shows.  The Governors Highway Safety Association released a report in May showcasing preliminary data on last year’s motorcycle fatalities by state.  Per the report, U.S. motorcycle fatalities dropped by 296 deaths -- from 5,286 in 2016 to a projected 4,990 last year.  That’s coming off a 5.1% increase in such road fatalities from 2015 to 2016, the report states.

The figures reported are projections based on preliminary data provided for 2017 from all 50 states and the District of Columbia.  Compared with 2016, motorcyclist fatalities are estimated to have decreased in 30 states, remained the same in two states, and increased in 18 states.

E15 ETHANOL PROTECTION PROPOSED IN CONGRESS
U.S. Representatives Austin Scott (R-GA) and Lois Frankel (D-FL) have introduced the bipartisan “Consumer Protection and Fuel Transparency Act of 2018” to require the Environmental Protection Agency (EPA) to expand consumer awareness on how to safely use fuel containing more than 10% ethanol.

Since motorcycle and ATV engines are prohibited from using fuel with more than 10% ethanol content, namely E15 (fuel containing 15% ethanol), improved labeling, fuel pump safeguards, and education outreach are key to protecting consumers.  E15 fuel is sold at many retail gas stations, and currently 63% of consumers assume all products sold at these stations are safe for their engines despite the fact that high ethanol fuel blends can damage smaller engines and void manufacturer warranties.

RETALIATORY TARIFFS WOULD ‘SIGNIFICANTLY IMPACT’ HARLEY-DAVIDSON
With the full support of all 28 member states, the European Union will impose “rebalancing” tariffs on U.S. imports ranging from Harley-Davidson motorcycles to Levi’s jeans beginning in July in retaliation over President Donald Trump’s decision to put duties on European aluminum and steel.  After failing to win trade concessions, on June 1 the Trump administration withdrew exemptions given to imported metals from the EU, Canada and Mexico from global tariffs imposed in March, citing “national security” interests.

Harley-Davidson has warned of a “significant impact” on its sales from reprisal duties, saying in a statement; “We believe a punitive, retaliatory tariff on Harley-Davidson motorcycles in any of our major markets would have a significant impact on our sales, our dealers, our suppliers and our customers in those markets.”

The Milwaukee-based Motor Company claims such tariffs on raw materials would inflate its costs by an additional $15-20 million this year.

Likewise, India is countering the Trump tariffs by proposing an increase on import duty on 30 American products, including “specific motorcycles imported from the U.S.”, by up to 100%.

MIC, CONGRESSIONAL MOTORCYCLE CAUCUS CONFER ON AUTOMATED TECH
The Motorcycle Industry Council, in coordination with the Congressional Motorcycle Caucus, hosted a briefing on “Intelligent Transportation Systems and Automated Vehicle Applications Impacts on Motorcycle Safety” on May 22.  Caucus co-chairs, U.S. Representatives Tim Walberg (R-MI) and Michael Burgess (R-TX) addressed the Caucus’s mission to support riders through education and awareness, the potential for technologies to improve the riding experience and bring in new riders, and why the discussion on how motorcycles will factor into a connected and autonomous world is so important.

The briefing, moderated by Callie Hoyt, MIC’s manager of federal affairs, featured a panel of industry and research experts: Sam Campbell, BMW Group; Gary Higgins, American Honda Motor Company, Inc.; Shane McLaughlin, Virginia Tech Transportation Institute; and Eric Teoh, Insurance Institute for Highway Safety.

“Visibility on the road can equate to life or death for motorcyclists, and human error is a major factor in that equation.  If emerging connected and automated technologies are developed to correctly detect and respond to motorcycles, their deployment holds the potential to considerably decrease motorcyclist injury and fatality rates,” Hoyt said.

Panelists discussed how connected and autonomous applications relate to motorcycles, how the applications can supplement one another, and the overall effect that widespread connected and automated technology can have on motorcycling.

Both the House and Senate have been developing legislation that would establish the first federal regulatory framework for autonomous vehicle (AV) technologies.  The briefing recognized the importance of ensuring that the needs of everyone on the road -- particularly motorcyclists -- are addressed in AV legislative and regulatory landscapes, as well as in real-life applications.

Advanced technology will also affect motorcycle rider training programs, and the panel talked about the need to train riders on how to interact with connected and automated vehicles.

AUTOMATED VEHICLE TECHNOLOGY SHOWING UP ON MOTORCYCLES TOO
It’s not only cars and trucks: automated tech is starting to show up wherever there are wheels, and companies are starting to focus on making motorcycles safer with automated-driving technology.  Exposed to the elements and operating on two wheels instead of four, motorcyclists are particularly defenseless in the event of a crash.  Yet there’s been little innovation in the motorcycle safety industry until recently.

Earlier this year, major auto parts supplier Bosch announced it was working on driver-assistance systems for motorcycles, like adaptive cruise control, which accelerates and decelerates to avoid potential collisions.  Before that, a Canadian startup called Damon X Labs also launched with the intention of creating a similar system for motorcycles.

Now, Israel-based startup Ride Vision is also working on rider safety features for motorcycles, creating an alert system that uses relatively inexpensive front- and rearview cameras to give a 360-degree view of the motorcycle’s immediate surroundings.  The system uses lights attached to the motorcycle’s rearview mirrors to alert the motorcyclist when there is a chance of collision -- whether there’s a car passing or if the rider is leaning too hard.

Skully Technologies, an Atlanta-based wearable tech company, is introducing a DOT certified motorcycle helmet that has augmented reality and artificial intelligence features including a heads-up display, rearview camera, Smart Phone and Bluetooth integration, with hands-free control and other smart technology.

While some of the self-driving sensors and systems are the same between cars and motorcycles, it’s a notably different product says recode.net; “While the mechanics are different, the automated motorcycle industry will likely move in a similar direction as the autonomous car industry.  Startups and suppliers alike will rush to partner with major motorcycle manufacturers to begin testing and then eventually producing vehicles with this technology.”

NEW HAMPSHIRE BANS MOTORCYCLE-ONLY ROADSIDE CHECKPOINTS
Motorcycle-only roadside checkpoints first appeared in New York in 2009; functioning like sobriety checkpoints, motorcycle-only checkpoints (MOC) allow law enforcement to pull over motorcyclists without cause, for an on-the-spot safety, license, and helmet inspection.  Since then, these so-called safety checkpoints have popped up across the country and have spiked controversy as opponents claim invasion of privacy and discrimination against motorcyclists over the operators of other motor vehicles.

Nineteen states now bar such roadblocks either through legislation or judicial proceedings (AK CA IL ID IA LA MD MO MI MN NC NH OR RI TX VA WA WI & WY), and in 2015 Congress banned the use of federal funds for MOCs as part of the FAST Act highway bill.  Yet they continue to be a problem for bikers in some states.

Although in 2011 New Hampshire became the first state to prohibit the use of federal funds to conduct discriminatory motorcycle-only stops by police, the “Live Free Or Die” state recently enacted Senate Bill 516 to prohibit motorcycle-only checkpoints outright.

Signed by Governor Chris Sununu on May 30, 2018, effective immediately; “No law enforcement officer or agency shall establish or conduct motorcycle-only checkpoints.”

PHILIPPINE RESOLUTION CALLS FOR REVIEW OF ALL ANTI-BIKER LAWS
Senator Grace Poe of the Philippines has recently filed a resolution in the Senate to look into legislation and ordinances that lead to the discrimination of motorcycle riders.  The resolution notes the prevalence of, “stricter checkpoints specifically targeting motorcycle riders and the latter are now perceived by the community as reckless riders and/or prone to criminal activities.”

It cites the following activities as discriminatory to riders: "a. irregular PNP checkpoints; b. national laws that penalize motorcycle riders excessively; c. high fines being imposed against motorcycle riders; and d. local ordinances that have overlooked the income of minimum wage-earning motorists."

The resolution is hoped to review current legislation, ordinances, and law enforcement practices that specifically target motorcycle riders.  Riders of the Philippines recently united several groups to ride in protest of such discriminatory practices, and drew several thousand attendees.

The resolution, filed on May 28, 2018, ends with the statement, “that while it intends to substantially bring down the number of accidents and crimes involving motorcycles, the State shall not do so to the detriment of the rights of motorcycle riders who seem to be treated with automatic disdain and "Harassment" at times.”

MOTORCYCLE RACING ENDANGERED BY INSURANCE IN ENGLAND & THE EU
Motorcycle racing is in danger in the U.K. and across Europe as new insurance rules loom, and the Motorcycle Industry Association (MIA) has called on EU member governments to reject the latest European Commission proposals, which have the potential to end all competitive motorsports across England…”Even if this means defying Brussels.”

The EU directive amends aspects of the Motor Insurance Directive, responding to the so-called ‘Vnuk’ judgment from 2014 which ruled that all mechanically propelled vehicles must have third-party insurance, even if they are only used on private land.

The insurance industry has already made it clear that it would be difficult to provide such insurance given the risks involved with racing and that doing so could be incredibly expensive and lead to “catastrophic damage inflicted on motorsports across the board if this ruling becomes law,” according to the MIA.  In other EU countries where this has already been applied, premiums have risen dramatically making many events unsustainable.

The proposals represent a complete U-turn from the European Commission’s previous position in 2016, when it proposed to exclude vehicles not being used ‘in traffic’.  This would have made all forms of motorsports exempt from the impact of the ruling, impacting around £11 billion ($14.6 billion USD) to the U.K. economy alone.

QUOTABLE QUOTE:  “Disobedience is the true foundation of liberty.”
~Henry David Thoreau (1817-62), American Essayist, Philosopher