Motorcyclist Profiling a Problem in Washington State

Stopping motorcyclists because of the way they look or what they might have on their back is illegal. It violates the 4th Amendment and is akin to racial profiling.  This problem has been growing from state to state and Washington State is no exception.  Except the bikers in Washington are not taking this affront lightly.

Last year, HB2511 dealt with this issue but did not make it through the legislature.  In 2011, a new bill, SB5242, was authored and it is in the fast lane for approval.  A Senate Committee hearing took place on February 2, 2011, (this video starts with a confirmation of a senator, then goes to the profiling bill. The video is about 43 minutes in length)  and the bill passed out of committee with unanimous consent.   Speaking in favor of the bill was Donnie Landsman, ABATE of Washington Legislative Officer and Washington State Director of BOLT.  He was joined by Double D, Outsiders MC, speaking on behalf of the Washington C.O.C, and Texas Jerry Walker.  All three did an outstanding job.

One person spoke in oppositon to the bill, speaking on behalf of the Washington Police and Sheriff's Association. Her concern was the fiscal note attached for training costs if the bill succeeds. It was interesting to hear some committee members question her numbers and how she arrived at them.

This bill is important because of the national interest with profiling of bikers and the growing number of motorcycle only checkpoints.  These types of checkpoints are illegal in Washington, but NHTSA has been giving out grants to law enforcement agencies that are willing and able to establish such stops.

New York has been conducting motorcycle checkpoints for some time, and there is a legal action there working to stop the practice.  Georgia is the latest state to claim grant money for the program.  These stops are guised as safety checkpoints, but opponents say they have less to do with safety and more to do with stopping and investigating bikers. 

It's hoped that the legislation in Washington will pass and be signed into law.  It was pointed out in the testimony during the hearing that some bikers who were stopped filed suit and have been awarded damages.  As more bikers are educated, it's expected more will take exception to being pulled over for no reason and seek legal remedy and damages.  SB5242 makes good sense and similar legislation should be enacted in other states where profiling is becoming a menace.

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