NCOM BIKER NEWSBYTES
Compiled & Edited by Bill Bish,
National Coalition of Motorcyclists (NCOM)
U.S. SENATE TAKES A STAND AGAINST POLICE PROFILING OF MOTORCYCLISTS
The United States Senate has approved the Motorcycle Profiling Resolution (Senate Resolution 154) without amendment by unanimous consent on Dec 11, addressing concerns of motorcyclists across the country regarding law enforcement discriminating against bikers in traffic stops, citations and arrests.
This bipartisan and bicameral resolution (H.Res. 318 companion in the House) could provide a national solution to the discriminatory profiling of motorcyclists over mode of transportation or style of dress in enforcing the law. Several
states have considered bills to prohibit police from profiling motorcyclists, and Washington became the first state to pass such an anti-profiling law in 2011, followed by Maryland in 2016.
The two companion measures in the U.S. Senate and House of Representatives, which are nonbinding and do not have the force of law, seek to curb profiling of motorcycle riders at the federal level by “Promoting awareness of motorcycle profiling and encouraging collaboration and communication with the motorcycle community and law enforcement officials to prevent
instances of profiling.”
S.Res. 154 and H.Res. 318 also “urges State law enforcement officials to include statements condemning motorcycle profiling in written policies and training materials.”
U.S. Senator Ron Johnson (R-WI) spearheaded the measure in the Senate, and recently tweeted; “Pleased the Senate passed S.Res. 154 to encourage states to take steps to prevent profiling of #motorcycle riders. Hopefully this will lead to more efforts to raise awareness of and address motorcycle profiling.”
As defined by the Congressional resolutions, “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.”
Concerned riders are now urged to contact their Congressional delegations in the U.S. House of Representatives and encourage them to join their Senate colleagues by likewise passing House Resolution 318.
GOVERNMENT WINS FIRST ROUND IN TRIAL TO SEIZE MONGOLS PATCH
For over a decade, federal law enforcement authorities have been testing a unique legal tactic to take down the Mongols Motorcycle Club by seizing their trademarked logo under asset forfeiture laws, and now a federal jury in Santa Ana, California has found the Mongols guilty of racketeering and conspiracy, setting up a second phase of the trial during which the government will seek to seize control of the club’s “intellectual property” and thereby ban members from wearing their unifying “colors” or patches.
Federal prosecutors will ask the judge to fine the Mongol Nation — the West Covina, CA entity that legally owns the club trademark — and order it to forfeit rights to the identifying logo worn on the bikers’ vests.
Since the case is focused on the Mongols organization, no specific individuals are facing jail or prison time, but the government’s attempt to defrock club members is aimed at dismantling the club by destroying their identity and thus its
During the five-week trial that ended Thursday, December 13, 2018 prosecutors testified that the Mongols were a violent criminal enterprise.
According to the Associated Press, in finding the Mongols guilty of racketeering, jurors decided that the motorcycle club itself is a criminal organization.
The Mongols have denied that they are a criminal enterprise, arguing that the organization itself isn’t responsible for crimes committed by individual members or in self-defense.
Defense attorney Joseph A. Yanny argued that the individual club members may have committed criminal acts but the club is blameless and kicks out members under a “zero-tolerance” policy for such activity.
“They won the battle, but they did not win the war,” said David Santillan, the current president of the Mongols, said of the government after the jury verdict.
In 2008, dozens of members were charged with racketeering based on an investigation in which agents from the Bureau of lcohol, Tobacco, Firearms and Explosives infiltrated the club, and a judge ruled that they should forfeit the Mongols trademark but later reversed the decision.
The new case was filed in 2013, and it was thrown out two years later by U.S. District Judge David O. Carter, but he was overruled on appeal.
Now, the same jury will return to court Jan. 8, as the focus of the trial shifts to potential seizures from the Mongols. Judge Carter, who is presiding
over the trial, will make the final ruling on exactly what will be seized. If the judge ultimately approve the seizure of the trademark, he would also determine exactly what the government could do with it, including whether they can literally take the Mongols jacket off members back.
Motorcycle clubs across the country are watching this test case closely. They take our patch Chantilly and told the New York times and then they all take all club patches.
Income convention to address bikers rights issues
Topics such as motorcycle profiling and save the patch will be among the many issues of concern to our nation’s motorcycle community that will be addressed during the upcoming 34th annual NCOM convention to be held mother’s day weekend May 10th – 12th 2019 at the DoubleTree Hilton in Orlando Florida. Hundreds of bikers rights activists from the ranks of motorcycle rights organizations and confederation of clubs as well as Independence and other allied writers will gather to discuss the concerns of all riders.
agenda items will cover various legal and legislative issues, with special meetings for veterans affairs, women in motorcycling, clean and sober round table and world of sports bikes, as well as the Christian unity conference and confederation of clubs patch holders meeting. additional seminars will be conducted regarding restoration of Rights leadership 101 and share the road motorcycle safety.
All motorcyclists are welcome and to pre-register for the 2019 n, convention contact the national coalition of motorcycle at 1-800 on a bike or www.dot on a bike. Com
Cell phone bands or saving motorcycle lives.
Laws to ban or curb drivers use of cell phones and other handheld devices have greatly reduced the rate of fatality for motorcyclists, according to a new study by faculty at Florida Atlantic University and the University of Miami.
The study’s findings recently published in social science and medicine, show that states with moderate to strong bands have motorcycle fatality rates the differ by as much as 11% compared to states with no bands.
when it comes to car vs car crashes, it’s not clear that partial or total bands on phone use while driving has had any effect on fatalities, due largely to the high level of crash safety built into modern cars. Such is not the case when it comes to motorcycles, however to the researchers surprise data from the study reflects that states have either a partial or total man on cell phone use while driving have a lower number of motorcycle fatalities compared to states with no ban at all.
The researches of the study argue that policymakers should consider strengthening texting and hand-held cell phone bands, as well as enforcement, to improve safety and save motorcyclists lives.
According to the insurance institute for highway safety, using a hand-held cell phone while driving is illegal in just 16 States plus Washington DC
in the case of motorcycles, these laws seem to be effective said study co-author gholson goumas ph.d, an associate professor in health administration in the partment of management program at FAU college of business.
While it’s not clear that these laws have had an impact on reducing the overall number of traffic fatalities, when we focus specifically on motorcycles, we find that these laws are having a major impact in reducing deaths among motorcycle riders.
Record numbers of women are riding motorcycles.
More and more women are moving from the backseat of a motorcycle to behind the handlebars, with the number of female writers doubling over the past decade from 1 and 10 in 2009 to 1 and 5 today.
I study by the motorcycle industry council found that women now make up 19% of motorcycle owners, with even greater ownership among the younger generations.
The survey found that among the millennials 26% of motorcycle owners were women. Among Gen x 22% were women.
as the number of boomers and mature motorcyclists shrink and are replaced by New riders, we should soon see a solid 25% of motorcycle owners being female.
The mic pulled 2472 adults Nationwide for the 2018 motorcycle ATV owner survey. For decades the mic says it’s surveys have served at the census of motorcycling, and have tracked a steady growth in the percentage of women who own bikes.
The Mac says the 2018 owners survey also found that women motorcycle owners spend on average, $574 a year on tires, routine repairs, maintenance, replacement parts, and accessories and modifying equipment compared with $497 by men.
Motorcycling has grown in popularity and acceptance in American culture in recent decades, which the mic says is reflected in their survey.
It found that 66% of women motorcycle owners say their family and friends would have a positive attitude toward otorcycles and scooters.
However, total ridership is struggling according to USA Today, and overall new motorcycle sales have been stagnant in the U.S. since the Great Recession, with annual sales peaking in 2006.
QUOTABLE QUOTE: “Every man is guilty of all the good he didn’t do.”
~ Voltaire (1694-1778), French historian and philosopher