February 2011
Where to begin………hmmmm …I have been beating this report to death and changing the content with every sentence I write. My intent is to relate to the members that were not in attendance the flavor of this years Black Thursday. Considering the magnitude of the day, and what the potential of this years ABATE/CoC/US Defenders offered legislation (Profiling - SB5242/HB133 and Parade - SB5181, HB1328) may come to mean to the motorcycle community in Washington; Black Thursday 2011 may prove to be the single most important date in recent ABATE history, in terms of regaining our Rights base. The buzz that was felt on Black Thursday has been building since the end of the Legislative session last year. Since the monumental and historical vote of the Profiling Bill in the House, the wheels have been in motion to reintroduce the Bill this year (in both the House and the Senate) and finish what was started.
Despite cold, windy, wet and blustery weather, the motorcycle community assembled in large numbers at the Capitol. The Confederation of Clubs led a contingency of 175 bikers rumbling through the tunnel leading to the Capitol grounds just after 10am. This group was accompanied by another 25 in cages who had postured themselves along the way to capture the group ride on camera and video tape. In total, the CoC ride brought at least 200 motorcyclist to the already 100 plus ABATE, BikePac of Oregon, and various clubs and associations already visiting their legislators. It is hard to know exactly how many were in attendance, as we found ourselves spread thin; from the General Administration building throughout the grounds of the campus. An estimate in the neighborhood of 350 seems reasonable. The chill in the air kept the entire group from amassing on the steps of the Rotunda building, and also shortened the Rally. Thanks to Pastor Jerry, Irish McKinney, Double D and Mick Gillispie for providing inspiration in their speeches and helping move things along.
The US Defenders/CoC did a fantastic job of putting together information for the packet given to the legislators, on the Profiling issue. Their information included a short DVD for each legislator that gave them a visual representation of what has occurred on the capitol grounds as well as on the highways of the State. That portion of the packet was well received by the legislators, and as they take the time to review will be compelled to vote in favor of passing the legislation. The packet also included ABATES contribution to the repeal of the Parade law and soliciting support for helmet repeal.
There real difference this year was in the way that those in attendance were prepared to talk to their elected officials. Whether the ABATE members are getting more educated in the issues by reading the Freedom magazine, from their Chapter LAO’s or from some other source, it was very clear that we were all on the same-speak in our visits with our legislators. Another change was in the eager faces of the first-timers to Black Thursday; those who came not only to participate, but to learn how to get around on the Capitol and how to interact with legislators. It was inspiring to see how those that have attended multiple Black Thursday Events were gathering up the first-timers to help them learn the process.
The day culminated with another first. The Senate Transportation Committee had a hearing that included 4 motorcycle related bills. Testimony was made on 3 bills by ABATE and can be viewed on the ABATE-WA.org website.
The exit polls from our legislators show that we have near unanimous support on the both of our issues and it really seems as though we are on track to achieve another first in Washington: Passing 2 Rights Base Bills in the same year!
Was it all worth it? We will not know until the end of the session, or hopefully sooner when the Profiling and Parade Bills reach the Governors desk. We have seen that we are having an influence on our lawmakers and gaining their support. The session has barely started, and we need to keep talking with our legislators and continue to urge them to support and pass the bills we have entrusted to their vote. Call, email and meet with your legislators. Continue to educate them and to let them know that we are not going to go away until the work is done.
A brief review of our position on HB1333/SB5242 -Addressing Motorcycle Profiling: (courtesy of the US Defenders talking points)
- Motorcycle profiling by Washington State law enforcement agencies is occurring and is widespread. Almost every member of every motorcycle club in Washington State has been the victim of profiling at one time or another.
- The motorcycle Rights movement in Washington State is seeking (ongoing) support of HB1333/SB5242, legislation that addresses the issue of motorcycle profiling by requiring law enforcement to recognize, condemn and train officers against acts of profiling and discrimination.
- Indeed, profiling on the grounds of the Capitol during Black Thursday 2009 and 2010 proves law enforcement’s mindset of discrimination against motorcyclists is prevalent and engrained.
- The time to act is now. A bill to address motorcycle profiling passed the House in 201 by a 96-2 margin. This clearly demonstrates legitimacy and the need for consideration.
- A policy addressing motorcycle profiling would reinforce the Washington State Supreme Court’s rejection of pre-textual traffic stops and strengthen the privacy protections of Article I, section 7 of the Washington State Constitution.
- Motorcycle profiling legislation would be virtually cost-free. The fiscal not from 2010 concludes that the cost would be $5000. The benefits of protecting civil liberties far outweigh any financial concerns.
A brief review of our position on HB1328 and SB5185 – Addressing Motorcycle Participation in Parades:
- The current language of RCW 46.61.613 (1967) gives sole authority to the Chief of the Washington State Patrol (or his designee) to suspend certain laws during participation in a Parade. During 2011 Senate Transportation Hearing, Captain Jason Berry of the WSP testified that the Chief does not want the authority, and is not likely to EVER assume liability by exercising the authority to suspend any law.
- This is the ONLY law in Washington State Statute in regard to participate in parades. As no other group of vehicles are addressed anywhere in the State law, this is discriminatory and does not provide EQUAL ACCESS.
- Parades are mainly celebratory in nature and are held on closed roadways. Many motorcyclists are Veterans and active duty Military. Not being able to exercise the very freedoms they provided in service to their country is wrong, especially when participating in events that are meant as a celebration of those very freedoms.
- This law does not need to be changed, it needs to be completely repealed from the Washington State statutes.
The efforts of a few are putting ABATE and the groups we are working with in a position to positively influence our legislators and change law. If ALL members of ABATE would just take the time to write, call and visit their legislators, we would be able to influence and control all laws affecting our community. The time to act is now.
For those of you that attended Black Thursday, my thanks. For those that were not able to attend, you have an opportunity to get involved by contacting your legislators, and by participating in upcoming CTA’s (Calls to Action). Don’t sit around thinking it is going to get done without your help. The last day of session is April 24th, 2011; not withstanding certain cut-off dates, our job does not end until the pounding of the final gavel signaling Sine Die (end of session). Get involved!!
Enough Said,
Donnie ‘Mr. Breeze’ Landsman
ABATE of Washington
Legislative Affairs Officer
legislative1@abate-wa.org
360-367-0966