OFF THE WIRE
In the midst of the global corona virus pandemic there is not much
“good news”. But for motorcyclists in Idaho there is a sliver of
positivity in a sea of crisis. On March 18th, 2020 the state of Idaho
became the 4th state to pass a law addressing the issue of motorcycle
profiling. Awaiting the governor’s signature, S 1292, sponsored by
Representative Robert Anderst, passed the Idaho House of Representatives
on a 37-30 vote after previously passing the Senate 25-9.
S 1292
defines the term “motorcycle profiling” and prohibits the practice. And
like the 3 states that have previously addressed the issue- Washington
State (2011), Maryland (2016) and Louisiana (2019)- S1292 doesn’t allow
monetary claims against law enforcement. The Federal Civil Rights Act
remains the mechanism of monetary relief for victims of profiling.
Rather, state anti-motorcycle profiling legislation provides a mechanism
for targeted individuals to receive dismissals and exclusion of evidence
based on an illegal stop, in addition to enhanced law enforcement
training intended to curtail the discriminatory practice.
The law
in Idaho is the direct result of a 5-year long grassroots effort led by
Idaho ABATE. Idaho ABATE is a quintessential example of the democratic
process at work. With persistence and preparation, legislative
opposition can be reversed. Legislators deal with hundreds/ thousands of
pieces of legislation annually. Idaho ABATE did not allow previous
failures since 2017 to discourage the legislative effort. Instead of
giving up, Idaho ABATE persisted and was eventually successful educating
and gaining the support of legislators that previously opposed the
idea.
The Motorcycle Profiling Project congratulates Idaho ABATE,
Representative Anderst, and those that supported the effort- you know
who you are! Working with you was a pleasure!
Stay healthy. Stay safe. And Fight The Good Fight!
