Thunder Roads LA Magazine June 2017 JUNE | Page 32

Biker News Bytes
“anti-profiling”
legislation filed in
us house & senate
bY: bILL bISH, ncom
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.
BIGGEST LITTLE NCOM CONVENTION IN RENO
Like “The Biggest Little City in the World,” this year’s
32nd annual NCOM Convention in Reno NV may have
experienced a slight reduction in numbers, but it
continues to be the largest gathering of bikers’ rights
advocates on the planet with hundreds of representatives
from Motorcyclists Rights Organizations (MROs), clubs
and associations across the country.
The National Coalition of Motorcyclists (NCOM) board
of directors moved to broaden the spectrum of programs
aimed to assist bikers’ rights groups while expanding
outreach to active segments of the motorcycling
community such as the Confederations of Clubs, women
riders, clean & sober, Christian Unity, sportbikers, tourers
and veterans. The NCOM Legislative Task Force likewise
took action to provide supportive services on the
legislative front, while the Aid to Injured Motorcyclists
(AIM) nationwide network of biker attorneys continually
develops new strategies for litigation on a litany of
motorcycling issues.
In addition to meetings and breakout sessions
conducted Mother’s Day Weekend, May 11-14 at the
Silver Le gacy casino, the NCOM Convention featured
seminars on Federal Anti-Profiling Legislation, Civil
Rights And How To Protect Them, Driverless Vehicles,
and a special presentation by Sr. EMT Instructor Slider
Gilmore on “The Diabetic Rider”.
During the Silver Spoke Awards Banquet on Saturday
evening, several honorees were recognized for their
contributions to “Improving The Image of Motorcycling”,
including; GOVERNMENT: U.S. Senator Jodi Ernst of Iowa;
MEDIA: Scott & Denise High of Thunder Roads Magazine
- Tennessee; LEGAL: Christopher Slater, AIM Attorney
for Oregon & Washington; ENTERTAINMENT: Frank Fritz
of “American Pickers” TV Show; SPECIAL RECOGNITION:
Stephen Stubbs, NCOM Attorney – Nevada; and NCOM’s
highest honor, the Ron Roloff Lifetime Achievement
Award, was presented to Boar, NCOM Liaison for
Confederation of Clubs.
Next year’s 33rd Annual NCOM Convention will be
held May 10-13, 2018 at the Renaissance – Riverview
Plaza Hotel in Mobile, Alabama. For further information,
contact NCOM at (800) ON-A-BIKE or visit www.ON-A-
BIKE.com.
ANTI-PROFILING LEGISLATION FILED IN U.S. HOUSE
& SENATE
A bipartisan, bicameral group of lawmakers
introduced a resolution to address the issue of
motorcycle profiling and promote collaboration between
the motorcycle and law enforcement communities. U.S.
Representatives Tim Walberg (R-MI), Mark Pocan (D-WI),
Michael C. Burgess, M.D (R-TX) and Collin Peterson (D-
MN) led the effort in the House (H.Res. 318), and U.S.
Senators Ron Johnson (R-WI) and Jeanne Shaheen (D-
NH) introduced the Senate version (S.Res.154).
“This bipartisan resolution should send a clear
message to relevant regulatory and law enforcement
agencies across the country: motorcycle profiling has no
place on our roads. Instead, we must foster collaboration
and cooperation between these agencies and the riders
in order to promote safety and ensure all motorists are
treated fairly under the law,” stated Rep. Pocan in a press
release issued by Rep. Walberg, co-chair of the House
Motorcycle Caucus.
“From coast to coast, Americans of all backgrounds
responsibly ride a motorcycle as their means of
transportation or simply to enjoy the open road. This
bipartisan resolution aims to raise awareness about
the reality of motorcycle profiling and foster an open
dialogue between motorcyclists and law enforcement,”
said Walberg.
H.Res.318 – “Promoting awareness of motorcycle
profiling and encouraging collaboration and
communication with the motorcycle community and law
enforcement officials to prevent instances of profiling,”
has been referred to the House Judiciary Committee, and
defines profiling as; “motorcycle profiling means the illegal
use of the fact that a person rides a motorcycle or wears
motorcycle related apparel as a factor in deciding to stop
and question, take enforcement action, arrest, or search
a person or vehicle with or without legal basis under the
Constitution of the United States.”
CONGRESSIONAL MOTORCYCLE CAUCUS SEEKS
MEMBERS
Since 2009, the Congressional Motorcycle Caucus has
provided a forum for members of Congress who ride to
support motorcyclists “through education and awareness
in order to encourage responsible motorcycling.” The
CMC also “serves to ensure that the motorcycling
community is treated equitably by Congress as it
considers infrastructure and environmental policies, as
well as safety and education programs.”
U.S. Representatives Tim Walberg (R-MI) and Michael
C. Burgess, M.D. (R-TX) head the caucus, and with the
new Congress being recently seated the two sent a
“Dear Colleague” letter to their peers in the U.S. House
of Representatives soliciting CMC memberships from
those who ride or have an interest in motorcycle issues:
30 Thunder Roads Magazine Louisiana | June 2017 | www.thunderroadslouisiana.com
“We invite you to join the CMC to help promote these
and other initiatives,” and in addition to promoting
sound policy, “CMC members can help highlight the
safety of motorcyclists through the recognition of
Motorcycle Awareness Month, hosting and participating
in industry fly-ins, drawing attention to the national
‘Ride to Work Day,’ promoting rider awareness and safety
at national events -- such as the Sturgis Motorcycle Rally
and Summer X Games -- ensuring motorcycle safety
is remembered in the transportation reauthorization
process, and working to remind operators to be aware
of motorcycles with whom they share the roads and
highways.” If he or she rides, please encourage your
Congressional Representative to join the CMC by contacting
Rep. Burgess’ office at 5-7772 or Rep. Walberg at 5-6276.
HISTORIC VEHICLE REGISTRY
A federal bill has been introduced in the 115th
Congress “to establish a program to accurately document
vehicles that were significant in the history of the United
States.”
The National Historic Vehicle Register Act of 2017
(S.966) was introduced April 27, 2017 by U.S. Senators
Gary Peters (D-MI) and Rob Portman (R-OH) and would
require the U.S. Department of the Interior to create a
register housed in the Library of Congress to preserve
examples of historically significant automobiles,
motorcycles, trucks and commercial vehicles.
This project is the first of its type to create a permanent
archive of significant historic vehicles that would include
short narratives, photographs and engineering drawings
of each vehicle. To be eligible for the register, vehicles
must be connected to a significant person or event
in American history, have a unique design or be a rare
model.
The Senate bill has been referred to the Committee on
Energy and Natural Resources.
LIQUOR SALES CHARGE AGAINST MOTORCYCLE CLUB
DISMISSED
A North Dakota district court judge has dismissed a
liquor sales charge against a Minot motorcycle club,
following motions to dismiss filed by Aid to Injured
Motorcyclists (A.I.M.) Attorney Justin Vinje and the
prosecuting attorney.
The Ice Cold Ryders Motorcycle Club had been
charged with engaging in the unlicensed sale of alcohol
at their clubhouse. A police investigation of a nearby
disturbance during the morning of No vember 29, 2015,
led law enforcement to peer inside the clubhouse during
a social gathering.
Inside, officers saw a large number of people
socializing and drinking alcoholic beverages. Law
enforcement concluded that unlicensed liquor sales
were occurring. One officer testified in support of a
search warrant, falsely claiming to have also seen a cash
register in the clubhouse.
Law enforcement received a search warrant and
entered the clubhouse later that morning, seizing
the club’s security equipment, sound system, coolers,
alcoholic beverages, and paper documents. Law
enforcement also froze the club’s bank accounts.
On October 6, 2016, nearly a year after the raid, law
enforcement charged the club with the unlicensed sale
of alcohol. A.I.M. Attorney Justin Vinje represented the
club and requested law enforcement’s investigative
reports. Those reports mainly consisted of an analysis
of the club’s banking records and an inventory of items
seized. The reports also revealed that law enforcement
never seized a cash register from the premises.
During the case, a confidential informant with ties
to local law enforcement contacted Vinje, telling the
club’s lawyer that law enforcement asked her to attend
club gatherings and wear a wireless recording device to
capture proof of unlicensed alcohol sales.
The informant wore a wire and attended two club
gatherings in the spring of 2016. A SWAT team stood at
the ready to raid the club in the event of illegal activity.
No unlawful alcohol sales took place, but the government
failed to provide any records of this to the defense.
Attorney Vinje filed a motion to dismiss the charge,
due to the government’s failure to turn over records
related to the confidential informant’s activities. Vinje
also filed a motion to suppress evidence from the search,
arguing that law enforcement testified falsely about the
presence of a cash register during its application for the
search warrant.
Three days later, the government filed a motion
to dismiss the charge, citing insufficient evidence to
proceed and that dismissal would serve the interest of
judicial economy. The case was dismissed.
NEW HAMPSHIRE REPEALS HANDLEBAR HEIGHT
LAW
Without a federal standard, the regulation of
handlebars on motorcycles rests with the states, and
until recently New Hampshire was among more than 30
states that limit the height of handlebars.
On May 15, 2017 N.H. Governor Chris Sununu signed
SB27; “RSA 266:77, relative to grips and handlebars on
motorcycles, is repealed.”
The Granite State began regulating handlebars in
1967, a time when many state legislatures associated
motorcycling with the counter-culture captured by films
like “The Wild Ones” and “Easy Rider,” explained Charlie
St. Clair, executive director of the Laconia Motorcycle
Week Association. “Law enforcement pulled people
over for high bars as a tool for probable cause,” he
said in applauding the bill’s passage, adding, “I have
never heard of handlebars presented as a safety issue.”
Unfortunately for attendees of this year’s Laconia
Motorcycle Week, held annually since 1923 during
the nine days in June ending on Father’s Day, the law
becomes effective 60 days after passage, which will be
July 11, 2017.
BILL ADDRESSES “MASKED” MOTORCYCLISTS BEING
CITED IN LOUISIANA
Louisiana has a law prohibiting the wearing of masks
in public, and according to an article in the Baton-Rouge
Times-Picayune, motorcycle riders are being “pulled
over and ticketed under the mask-wearing law because
they were wearing helmets that concealed their faces.”
Louisianans are banned from “concealing their faces with
masks or hoods, except during Mardi Gras, Halloween or
for religious reasons.”
Now a bill authored by Rep. Alan Seabaugh
(R-Shreveport), HB161, would revise the law to exempt
motorcycle safety helmets. By all indications, the bill will
pass, and it is currently pending Senate final passage.
Speaking before the Committee on Administration
of Criminal Justice, Rep. Seabaugh said his bill arose
out of complaints from motorcyclists in his district
who said they have been harassed by “overzealous
law enforcement officers.” Riders have been pulled
over at random, according to testimony by ABATE of
Louisiana, claiming one officer in particular has targeted
motorcyclists whose helmets and face shields concealed
their faces.
Apparently recognizing the absurdity of ticketing
motorcyclists for wearing helmets, when helmets are
required by law, committee members unanimously
agreed that the mask-wearing ban needs revision. They
tacked on an amendment “clarifying that the exemption
only applied to motorcycle helmets being used during a
ride,” then recommended the bill for full House approval.
Rep. Terry Landry (D-New Iberia), a former Louisiana
State Police superintendent, thanked the committee for
supporting the bill. “I think it corrects a wrong.”
WEIRD NEWS: MAN ATTEMPTED SEX WITH
MOTORCYCLE
A man has appeared in court in Canterbury, England
for allegedly attempting to have sex with Suzuki’s most
alluring model, a GSX-R. Mechanophilia, where a person
is sexually attracted to cars, motorcycles, helicopters,
ships, planes and other vehicles, is a crime in the U.K.
and if found guilty, perpetrators can be placed on the sex
offenders’ register.
The 33-year old chap reportedly exposed himself
in public and tried to engage in a tempestuous
relationship with his motorcycle, after previously being
seen punching and kicking the bike on the same day.
Apparently drunk and on drugs, he claimed in court to
remember dropping his trousers but denied exposing
himself and has pleaded not guilty to indecent exposure
and criminal damage.
QUOTABLE QUOTE: “The one thing that doesn’t abide by
majority rule is a person’s conscience.”
~ Harper Lee (1926-2016) author of the classic novel “To
Kill a Mockingbird”
www.thunderroadslouisiana.com | June 2017 | Thunder Roads Magazine Louisiana
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