Friday, May 06, 2011

BC Bikers being discriminated against? It looks like it.

Nanaimo RCMP have announced a crack down campaign on riders that is to go on for the entire riding season and they claim that it is no different than their crack down on cell phones - but is it really?

The BC Transportation Minister doesn't think so!

From the Times Columnist - Begin Quote "Blair Lekstrom, an avid motorcycle rider, took aim at the Nanaimo plan while announcing motorcycle safety awareness month at the legislature Thursday.
“I would think if they are pulling you over just because you’re on a motorcycle, that’s dead-wrong in my mind,” said Lekstrom.
“Two-thirds of … accidents where motorcycles are involved are caused by the driver of the vehicle.”
Nanaimo RCMP announced last week that motorcyclists can expect to be pulled over for brief inspections by police as part of a year-long enforcement campaign targeting motorcycle safety." End Quote
Later in the article, in response to Adele Tompkins of BCCOM - who says riders are being targeted more than ever and that this topic will come to the table, Solicitor General Shirley Bond, the province’s top cop said “I don’t want to comment on the strategy of the Nanaimo police department until I have a chance to talk to them about their rationale,” she said.

I urge all riders to get on board with groups that work hard to protect our Charter Rights (BCCOM and the OCC are two of the best known in this country), I urge all riders to join them and in provinces where there is no organized effort - I urge you to consider forming coalitions to focus on the obtainment of fair and ethical treatment of riders.
 
Rights groups, I urge you to get in touch with the gents in Washington State that were successful in having legislation introduced that protects riders from profiling. They are at the ready and willing to assist in putting together a thoughtful and well laid out lobbying plan.

I would like you all to thoughtfully consider the statements made in the article from the Times Colonist by Nanaimo RCMP Cpl. Gary O’Brien who said "The enforcement campaign is no different from frequent projects that focus on commercial vehicles, drinking and driving, or the use of cellphones while driving.“We never do random checks,” he said. Police want to check motorcycle licenses, helmets and noise issues on the bikes."  (Just an FYI - noise bylaw in Nanaimo is set at 91 DB.) 

The stops mentioned above by the officer involve 2 very different rationals - 
When the police services do check stops for drinking and driving - they stop EVERYONE regardless of the mode of transport. 

Being pulled over for the use of cell phones or speeding are specific to the individual and their conduct and other than for Fire, Police and Ambulance personnel, pertain to ALL DRIVERS.

The commercial vehicle stops are carried out for a number of reasons; Laws that govern load weights and types, the inspection of log books under laws that govern the amount of time a professional driver can be driving and when they must stop to rest. Safety of these vehicles that travel far more miles in a year than any other category of vehicles and by the very nature of the profession are governed by laws that enforce their inspection. 
(Not unlike the requirements of  professionals who fly as governed by specific laws that pertain to the profession and are uniqe to that profession)

When you truly look at this entire issue and the phraseology the officer uses -  I think you will see that our mode of transportation has made us a visible minority. The rationale used by the officer above, upon closer inspection, does not hold water, at least not in my humble opinion.
If the RCMP were to target only the Chinese community because of the stereo type image they have for being bad drivers, how long do you think it would take for that community to bring discrimination suits to the table?
If the RCMP were to target just the Black, Cadillac driving community because of the stereo type image that pimps have, how long do you think it would take that community to bring law suits forth?
The very reason the police services anywhere in the world are not allowed to target those communities is that behaviour, that mind set, is called profiling.

We may all generalize and joke about the behaviors that each of our ethnic backgrounds exhibit, but targeting any specific community for special unwarranted, negative attention from the police services is illegal - it IS discrimination and it is against our Charter Rights.

However, unless we riders push to protect our rights, we WILL continue to see this mentality of profiling continue against our community and our rights under the Charter will continue to be eroded.

We are all to be afforded the same protection under the law. We ARE a visible minority. What the police services are doing to our community is no different than if the decided that only people who drive red vehicles are to be stopped. It is a type of insanity, and an abuse of authority that is just plain ridiculous and wrong - so, how are we, when are we going to lobby for change?

We need to focus on what we want - we need to - in a united voice tell our politicians and law makers that profiling our community IS WRONG and needs to be governed by a law that prevents profiling.

The law that was passed in Washington State is based on the racial profiling law there.
The law that was written, recognizes motorcyclists as a visible minority and the way our Charter is written, we should be able to apply the same standards here in Canada as were set in Washington State.

So folks, gather the evidence, when you are stopped, if you are treated in a preferential way by the police services, if they stop you simply because you ride a motorcycle, if they stop you and ask about patches or tattoos - the police services are PROFILING YOU.
Here is the dictionary definition of profiling from Dictionary dot Com:

pro·fil·ing

[proh-fahy-ling]
–noun
the use of specific characteristics, as race or age, to make generalizations about a person, as whether he or she may be engaged in illegal activity.

And from Merriam Webster:

Definition of PROFILING

: the act or process of extrapolating information about a person based on known traits or tendencies profiling>; specifically : the act of suspecting or targeting a person on the basis of observed characteristics or behavior profiling>

We are profiled ever day - there are consumer profiles, professional accomplishment profiles and medical profiles - non of these types of profiling inflicts a negative experience on the person/community being profiled, but when it comes to police services - the profiling tactics they use to determine who to stop, well too often the impact is negative and not only immoral but illegal.

It is illegal and immoral because of the demeanor and tactics that are used and the negative impacts of those tactics.

According to the Canadian Charter of Freedoms & Rights:
Under the heading of Fundamental freedoms:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Under the Heading Legal Rights:
Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure. 

Detention or imprisonment
9. Everyone has the right not to be arbitrarily detained or imprisoned. 

Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 

Under the heading Equality Rights:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

If we are truly equal under the law then why are motorcyclists being held to different standards than other road users?

If we are truly equal under the law, then why are motorcyclists being singled out for deferential or special attention?

If we are truly protected under the Fundamental Freedoms - section 2, then why is our community constantly being denied our right to peaceful assembly or the right to association? (the photographing and profiling that takes place because certain members of our community wear the patches of clubs the police services deem to be a criminal element, the shutting down of community events due to the police services profiling of our community based on what they deem to be criminal or anti social behaviors by some members of the motorcycling community)

My stance on this subject always has been and always will be this:

The clothing you wear does not instantly make you a criminal, it is your individual choices and conduct that make you so. It is not the person who is standing beside you at a public event that makes you a criminal or makes you a person who condones  or supports criminal activity - it is YOUR actions as an individual that define you as a criminal. It is not the method of transportation by which you choose to travel that makes you a criminal or makes you deserving of "special" attention, again, it should be about your individual conduct and actions. 

I know I sound like a broken record, but as long as this issue keeps coming up in the main stream news - I will keep calling for unity with in our community and the lobbying  for the protection of our rights for our community.

I am no lawyer, but everything I read on this topic tells me that our community needs and deserves protection under Federal Law, just the same as any other visible minority.

What say you?

In Other News:

Motorcycle Groups in Australia are dismayed by the verdict of not guilty in the case of an officer pulling a u-turn made where a double solid line was present and consequently killing a rider.

In Port Dover Ontario, council has announced that Friday the 13th will NOT become a three day event.

In Kitchener Ontario, a rider was killed. According to witnesses, the rider was traveling at a high rate of speed.

On a lighter and much more pleasurable note my friends at RevZilla have announced their May Gear Giveaway Contest. This month you can qualify for the top prize of a REV'IT! Sand Jacket and pair of REV'IT! Sand Pants (a combined value of almost $800); two 2nd prize winners will again receive $50 gift cards. All you have to do is create your rider profile to qualify!  

Have you seen the REV'IT! Sand Gear? Watch the video that describes the prize for May

There are some incredible features to this gear so if you are in the market for new gear, why not check them out, enter their contest - you never know who is going to win and you can't win unless you enter!

And lastly, I want to remind you all of other highly pleasurable event  - Today IS International Female Ride Day - so if you are fortunate enough to be able to get out there and ride ladies - DO IT! (In my humble opinion, EVERYDAY is Female Ride Day but this special day is designated as OUR DAY so get out there and DO IT!) Check Out Vicki Gray's

Have a fabulous Friday and PLEASE - ride like everyone around you is blind and can not see you!



Wednesday, May 04, 2011

Helmet Visor Contributes to Death in Crash

News out of the UK today regarding the death of a rider  indicates that the visor on his helmet reduced his visibility to 10%  as opposed to 50% an is considered a contributing factor in the rider's death.

Please check your equipment to ensure that you have the best that is available.

Your gas quality is important too as riders in a charity run in Ferndale Washington discovered - several riders bikes started running really badly after fuelling up with supposed premium gas. These riders count themselves as very lucky that nothing untoward happened.

In Rocky View AB a man has started a petition against the noise bylaw that is being proposed.

In the US the Guts & Glory Rally finds themselves in litigation over a copyright dispute wiht the Hoka Hey Challenge: (From Dealer News)

Begin Quote - The Guts and Glory Motorcycle Rally Across America was to have begun May 15 in Los Angeles, zigzagged up and down across the country, ending 9,000 miles later in Bar Harbor, Maine. The rally was to benefit veterans’ charities Able Forces, Project Healing Waters Fly Fishing and Not Alone, as well as Shriners Hospitals for Children. It boasted a top prize of $100,000. 

“The Guts and Glory Rally Across America has been postponed due to the threat of legal action and inaccurate and misleading statements made by the Hoka Hey Motorcycle Challenge and The Medicine Show Land Trust. Once the threat of litigation is removed, the Guts and Glory Rally will be rescheduled for May of 2012,” reads a statement on the Guts and Glory rally’s website.

Beth Durham, operations manager for the Hoka Hey Motorcycle Challenge, says the companies are in a copyright dispute. 

“It involves the way the event is coordinated and operated,” she says. “Our attorneys and their attorneys are having a conversation.” 

This year’s Hoka Hey event, the second for this cross-country race, is scheduled to begin Aug. 5 in Phoenix, Ariz., cover 48 states and parts of Canada for 10,000 miles, then end Aug. 21 in Glace Bay, Nova Scotia. End Quote

As you can see - coordinating an event anymore is becoming a touchy and expensive undertaking - if it isn't the cops trying to shut you down - it's other events!

I am not sure in the case of the Guts & Glory event and the Hoka Hey event how the Hoka Hey can do what they are doing but as per usual the only one who is going to win here are the lawyers.

I am sickened by this sad turn of events. 
I have never understood why people can't just get along. As the organizers of the Guts and Glory Rally state - this is like Ford suing Chevy because they both make cars - I shake my head.

There is a ton of other news to read up on today - news that may impact you depending on where you intend to ride so please check out www.beltdrivebetty.com for all of the news - we sift through the news feeds so you don't have to.

Have a great hump day folks and if you are fortunate enought o be riding today - PLEASE ride like everyone around you IS BLIND and CAN NOT see you.


Tuesday, May 03, 2011

Change

The winds of change are upon us - yesterday's Federal Election saw Canadians speak out loudly and perhaps no where did they speak louder than in Quebec.

For the first time in recent memory, voters in Quebec voted to be a part of the Federal/National discussion. The Bloc Quebecois and the separatist movement appears to be over for now and perhaps for the first time in a long time, we will see Quebec feel like they are a part of the Canadian landscape in more than just geography. I hope for the sake of all Canadians and this proud country of ours that Jack Layton is able to do what no one has done in a long time - encourage Quebecer's to embrace CANADA as their country too.

Young master Benjamin Gulak from Milton Ontario, must be a proud "papa". 
His high school science project is now a reality and has transformed from when we first saw it on the Dragon's Den into a machine that transforms itself into a full fledged motorcycle. One that is easy to park, has a tight turning radius and compacts itself neatly for storing.



Congratulations to this young genius - I can't wait to see what this brain of his comes up with next!

In Other News:

In Maine dual sport riders are being forced to register their motorcycles twice - once for highway and once for off road use - talk about unfair!

In Pennsylvania, the Governor has proclaimed May to be Motorcycle Awareness Month and the state has launched a gorgeous new web site devoted to educating riders to be "One Less" (statistic)

In Kanata Ontario, one rider is less a motorcycle after being charged for stunting after being caught by radar doing 180 KPH.

In Quebec a rider was injured when he crashed into a road sign, speed is believed to be a factor.

This has not been the best start to motorcycle awareness month folks - it is up to us to stay safe out there - the BEST defence you have when riding your motorcycle is to exercise your brain muscle and THINK. 

The best advice I got from the Canada Safety Council course I took:
SIPDE - Scan - Interpret - Predict - Decide and Execute 

Remember - your profile is smaller, your visibility to the driver of a motor vehicle is less than that of other road users.

Ride like EVERYONE is blind and CAN NOT SEE YOU.

Remember that the Never Ride Alone Program from Intercon Messaging is FREE to all members of www.beltdrivebetty.com and that we have special pricing on Roadside Assistance available to all of our members as well - the two programs offered are from MotoRescue at $49.95 per year - MOTORCYCLE ONLY roadside assistance and for those looking for a more comprehensive program - Best Roasdside - 6 calls, transferable from Car to Pick Up to Motorcycle and shareable between spouses and comes with tons of other benefits like travel discounts in the US for only $89.50 per year - join www.beltdrivebetty.com for access to all of the benefits we offer our members! Membership IS FREE and open to all who ride.

Have a fantastic Tuesday everyone.

Monday, May 02, 2011

Bullies, in the riding world there are lots of bullies to contend with

The world was greeted with the word that one bully - Usama Bin Laden is dead, and while many celebrate this news, the world is waiting to see what the fall out from his death will be.

But there are many other bullies out there, ones that we have little hope of getting rid of unless we, the people unite.

The RCMP - some of them would be a great example of bullies. Take the story out of BC, where reporters were told to stay back from a fire scene yet two off duty officers on their motorcycles were allowed to park where no one else was. They were not there for the fire call, they were in the Wendy's restaurant next door and allowed to tread where others were not, just because they were off duty cops.

Then there is the incident in Australia where riders were profiled during a charity ride.
How about the NHTSA and their Biker Stops and the profiling that takes place in many states like New York. (Remember what happened with Daytona Bike Week and the profiling that happened in Georgia?)

And how about corporate America...can some of the big businesses be labelled as bullies? Read the article about an Ohio Harley-Davidson dealer who is being forced to move his 25 year old business or not have his dealers contract renewed. He's been given 2 years to get the job done. But please read the article and see the headaches both financial and logistical, that this is causing him.

There are many situations in this world where those with power use it in an indiscriminate way to further their own agendas. The only way we, the people, are ever going to see any thoughtful change to certain aspects of this trend in the riding community be stopped - world wide - this trend of being bullied is if we start gathering evidence of these situations.

We need to be pro active. We need to unite and we need to do what the group in Washington State did. We need to have our community recognized as a visible minority and obtain protection under the law that protects us from profiling.

Can we prevent big business from forcing their corporate decisions on retailers where it causes unnecessary hardship? I am doubtful that we could unless the customers of the dealers being forced to move their businesses tell the manufacturer - the corporate office that we like where the dealer is located. Even then - they can dictate whom obtains a retail licensing agreement, so truly the answer is probably a no.

Can we change the attitude or demeanour of the police services? YES.

Now, not all officers pull the stunt of abusing their badges, their positions of authority but there are FAR TOO MANY that do. Not all officers act like Monty Robinson and abuse their authority or their knowledge of the law and insult the intelligence of tax payers and the courts. But as I said, there are far too many that do just what Robinson has, abuse their badge and their knowledge.

This riding season I am asking every rider who is stopped, every rider who has a video camera or regular and catches the profiling behaviour of the police to contact me. 

I do not care what country you are from. What province in Canada you are from - if you attend an event and the police are "covertly" taking photographs of every license plate, and of every rider who attends the event...if you are in one of the massive check stops that police are using to "protect" our community from itself and you are bullied or harassed - I want the evidence sent to me.

You need to write down the badge numbers and names of these officers where ever possible. You need to provide photos or videos that detail what these officers were doing. And you need to provide a written statement of what you witnessed and/or experienced.

If we can gather enough evidence, then the gentlemen who were successful in lobbying their state government in Washington to protect their community from the profiling and indiscriminate gathering of "intelligence" by police officers - well,  they are willing to help us here in Canada and anywhere in the world to accomplish what they have.  

We need to stand up and protect ourselves.

The sad fact of the matter is that event coordinators all over our country are being told that their liquor licenses will not be approved if they allow any one percenter to sell their wares and that events WILL BE SHUT DOWN if they allow patrons to wear outlaw/one percenter patches at their events. Event coordinators are being forced to tell people to take their patches off or suffer the consequences.

That is so unfair to the event coordinator - they are being forced into doing the police services job. It puts them in tough - it opens them to discrimination suits - and all because the police services know they cannot legally do what they insist the coordinators do. They force them to use the petty trespass act as their only means of defence.

The police services will not present event coordinators with a list of "Illegal" patches - why? Because there is no such thing as an "Illegal" patch. And yet....

You as Joe Q Citizen WILL have your license plate photographed and you WILL be labelled as a supporter of the outlaws if you happen to be at an event that they attend. It does NOT matter that you do not know the people wearing the patch - YOU ARE GUILTY by virtue of the fact that you were in their presence.

Our Charter protects our right to the freedom of association and yet the police justify themselves and their actions by saying they are gathering intelligence on the outlaw clubs and that makes it OK for them to violate YOUR RIGHTS.

The RCMP here in our fair community of Grande Prairie Alberta, WILL NOT block intersections for our Toy Run...why you ask? Because two years ago a full patched member of the Edmonton Hells Angels, a local man - born and raised in Grande Prairie attended the toy run with his patch on and the event coordinator did not ask the man to take his patch off. But wait, there's more...

In the 30 years of the Grande Prairie AB, Toy Run, NEVER have the police ever blocked intersections for us and yet now we are no longer allowed to block intersections on our own - we did intersection blocking for 29 years but now, because of one person attending the event, the other 4-700 of us who do ARE being targeted for unfair treatment.

A few years back at the June Porker Run that supports the fall Toy Run, 6 members of the Hells Angels came to the last stop on the run to donate some money - they brought with them a helicopter, two squad cars and three under cover vehicles - and yes, every person who attended the run had their plates and faces photographed. And I know for a fact that our community here in Grande Prairie is NOT alone. The Edmonton Swap meet held by the Edmonton Hells Angels sees the Biker Enforcement unit out in full force, taking photos of everyone who goes in or out. The CMDRA drag races in various communities get targeted for special attention because some members of the Hells Angels attend and or race. Every spectator at these events gets the same treatment that the outlaws get - we all get photographed and our plates are noted and why? Because the "outlaws" happen to be at an event.

This unfair treatment of the riding community needs to stop and only WE, the citizens can do that.

There are communities that have a great relationship with their local police service but as we witnessed in Drumheller, that relationship can change in a heart beat - the minute a new staff sergeant is installed in a detachment. For years, the Harley-Davidson dealers of Alberta hosted the Wayne Rally with very few incidents but all of that came to a grinding halt with the advent of a new staff sergeant.

There are events in BC that although well run and have NO or very little presence from the outlaw clubs that are being squeezed by the RCMP. They are being refused their liquor licenses because the RCMP do not want "bikers" in their region.

You see in order to get a liquor license, you must have approval from the RCMP. 
If they demand to see your vendors list and they do not like someone on that list, you can and will be told to either get rid of the vendor or not have your license approved.

You - the rider, play a great roll in the allowing of events to proceed - YOUR behaviours - YOUR conduct, reflect on that of the event coordinator. If you are selfish and do burn outs on public road ways, if you wick on the throttle in such a way as to cause excessive noise, if you ride drunk or in other ways are disrespectful - YOU are all the cause the RCMP need to target the rest of us who do our best to be respectful and responsible and you are the reason that so many of our great events get shut down.

So again, I am asking you to be respectful and if you are unfairly harassed by an officer, asked about your tattoos and what they stand for, asked about your Riding Club patch - remember that these are profiling tactics. IF YOU ATTEND an event where the one percenters are, be cognizant of the fact that there WILL be police presence - usually undercover and they WILL be taking photographs and YOU WILL be labelled a supporter and therefore potentially become a target for further violations of your rights.

IF you care at all about your right to peaceful assembly, if you care at all about the fact that your bike plate and photo can and will be added to the Biker Enforcement Units of the police services "intelligence files"  then it is time to act to protect our community.

Profiling IS illegal. The police can not stop a person without just cause who is Black, Italian, Hispanic or a member of any other ethnic - visible minority - group regardless of the fact that there are alleged "criminals" in their communities.

We as riders are a VISIBLE minority and we need and deserve the protection of our laws - we get that by producing the evidence that we are being unfairly targeted and profiled by the police services and then taking that evidence to the the Supreme Court of Canada or the Governments of the country you live in and lobbying for the protection of our our rights.

It has been done successfully in Washington State - riders there are now protected from profiling and targeting by the police and it CAN be done elsewhere in the world - but we the citizens have to care enough to exercise the rights and freedoms that our Charters afford, that our veterans and armed forces personnel fight to protect. If we don't care enough to take the time to amass the evidence needed then then we will get what we get - a police state where they call the shots in spite of the fact that we pay their wages and they are supposed to protect and serve.

So like with the election here in Canada today - I am asking you to stand up and be counted - have your voice heard and let's start gathering the evidence that our community is being unfairly targeted.

Remember - according to their own stats - CSIS states in 2007, that approximately 200 people are members of the Hells Angels in Canada and that gives them - the Biker Enforcement Units - in their opinion - the right to profile and harass the other 499,800 estimated riders in this country. (Read the section called North America (La Cosa Nostra and outlaw motorcycle gangs - point number 20)

According to a CSIS report from 1998 there were 24 chapters of alleged bad guys who ride motorcycles - on our web site - www.beltdrivebettty.com we are linked to over 600 motorcycle riding clubs in Canada - do you see how skewed things are?

Read the RCMP Watch Blog - it is filled with tons of information on our National Police Services and it's abuses and wrong doings.

 In July of 2010, there is an article from the RCMP that outlines the fact that out of 18,500 officers - Begin Quote - 56 members of the force were formally disciplined during the 2008-2009 fiscal year for a range of code of conduct violations, including soliciting a prostitute, sexual assault, masturbating in a vehicle and impaired driving.

Another 231 members of the force were informally disciplined for less serious cases. They typically result in reprimands, transfers or some form of counselling. End Quote
So in all - during 2008/09 287 officers out of 18,500 were disciplined for conduct unbecoming - that's what we, the tax payers are being told about - how about all of the cases that no one reports? I wonder how many of them there are?

Are we - the taxpayers of this country and members of the Canadian motorcycle community, going to continue to allow these people whom we pay, to violate our Charter Rights? Are we going to continue to allow these people to target and profile us because of they want to gather intelligence on the 200 or so members of the Hells Angels?  I hope not.

There are other things you can do -Join with groups that work at protecting you and your rights... join BCCOM in BC, the OCC in Ontario and look at forming coalitions of riders and clubs in regions where there are none. Uniting makes us stronger.

Well - that's my rant for the day and I truly would appreciate your feedback on the topic of the day. I would also appreciate any photos, documents and videos of the profiling of our community. You can send them to me through our web site.