Motorcyclists lobby for anti-profiling law; Opponents agree profiling

Richard Bright loves the feeling of freedom he gets while cruising the open road on his Harley-Davidson motorcycle. One night, though, Bright's free-wheeling ride was interrupted by the flash of red and blue lights closing in quickly behind him.

Forty-five minutes and three cop cars later he found himself taking a sobriety test while being questioned by officers alongside the road. He'd had nothing to drink that night, Bright said, and was told by the officers that he was pulled over because his tail light was too bright.

A National Guardsman from Yakima who recently returned from an 11- month tour in Iraq, Bright doubts the tail light had anything to do with it. He told state lawmakers Thursday that he believes he was pulled over simply because he was wearing a black leather jacket and riding a motorcycle, a problem he described as common for bikers across Washington.

At a Criminal Justice and Corrections Committee meeting Thursday, Bright and three other bikers testified in support of House Bill 1149, which would require police departments statewide to adopt written policies designed to condemn and prevent motorcycle profiling. It also calls for training to address issues related to motorcycle profiling.

More than two dozen lawmakers agree with Bright and have signed on to the bill. Opponents of the legislation acknowledge the issue of motorcycle profiling exists, but argue that funding for anti- profiling training would be too costly.

During a legislative session where budgetary issues are the primary focus, Bright wasn't buying the opposition's view of lack of training funds.

"Rights don't have a price tag," Bright said after the hearing while talking to fellow bikers with colorful nicknames such as "Pigpen" and "Texas" Larry Walker.

"I've already earned them (rights) and so have a lot of other soldiers and patriots. This bill makes sure our rights aren't taken away."

During his testimony, Bright showed the committee a picture of himself dressed in desert fatigues in Iraq standing in front of a George W. Bush election sign.

"Just because you ride a motorcycle doesn't automatically make you a criminal," said Rep. Steve Kirby, D-Tacoma, the bill's primary sponsor.

"This practice is spotty around the state, it comes and goes, but it does in fact exist and it is a matter of a few rogue cops who get bad attitude for no reason," said Kirby. "It is probably not widespread in any police department. However, it happens and it needs to stop."

The bill's text defines motorcycle profiling as "using the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis."

Bright worked with lawmakers on similar legislation two years ago, but the bill died. When Bright was deployed to Iraq, Marin Horn, a member of American Bikers Acting Toward Education worked to get the current bill introduced.

"Bikers want to be treated like everyone else when they use the public highways and roads," said Horn. "Vehicle stops should be conducted for valid reasons, not just because of what we wear or what we ride. We are taxpayers too and we feel we have the right to use the road like everyone else."

Former Spokane County Sheriff Larry Erickson, spokesperson for the Washington Association of Sheriffs and Police Chiefs, spoke in opposition of the bill. Erickson agreed profiling may occur on a small scale and stated he was not against having a policy in place against profiling motorcycle riders.

His argument against the bill hinged on finances for training. He told the committee a lack of money would prevent anti-profile training.

"If there is a problem out there and you want to attack it you have to train," said Erickson. "We can send out all the policies in the world, but unless we have the money to afford training then all we will have issued would be a piece of paper."

Bright maintained he should have a right to enjoy the feeling of freedom he gets from riding without being harassed for no reason, regardless of availability of funds.

"This isn't about party affiliation, this is about being free," he said.

SIDEBAR: OTHER LEGISLATION Biker bills Here are other motorcycle- related bills working their way through the Legislature: -- HB 1466 would allow riders of motorcycles to make left turns during red lights at intersections because motorcycles tend to be too light to register at intersection detection panels that control many traffic signals. The bill's primary sponsor is Rep. Dennis Flannigan, D- Tacoma. -- SB 5420 would make it unlawful to transport a child under the age of 5 on a motorcycle. It is sponsored by Sen. Debbie Regala, D-Tacoma.

Travis Hay can be reached at (360) 586-0002 or travis.hay@gmail.com.

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