The American Motorcyclist Association (AMA) seeks suspension of a grant program that targets motorcyclists with checkpoints.  In an article published August 11, 2010 the AMA reviews how NHTSA goes about profiling motorcyclists under the guise of trying to prevent motorcycle crashes. 

Under its Motorcycle Law Enforcement Demonstration grant program, the NHTSA will award up to $350,000 in total to be divided among as many as five law enforcement agencies to set up traffic checkpoints that target motorcyclists.  The AMA questioned the potential discriminatory and legal nature of the program and sent a list of questions for clarification to the New York State Police. To date, New York authorities have not responded.

My recall of constitutional law and specifically the First Amendment protects the right to freedom of religion and freedom of expression from government interference.  Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief.  The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group.

In essence I think the federal government is profiling motorcycle riders.  Profiling can be defined as the extrapolation of information about something, based on known qualities.  So if the hangover impression is that all motorcyclists are drunkards or drug-abusers the government is profiling motorcyclists because they presume that all motorcyclists meet this profile.  There is little doubt in my mind that police are specifically targeting motorcyclists at motorcycle events to see if they have been drinking and arrest those who have thereby decreasing motorcycle crashes.  That is profiling!

Why should I, a law-abiding tax-paying citizen, have to put up with infringements of my freedom?  When I assemble with other motorcyclists it is not for an unlawful purpose.  To the contrary, it is usually to raise money for deserving charities.  To be pulled over because I am a motorcyclist is not right and should be halted immediately.

A motorcyclist profiling check-point was implemented this past spring at Miller Motor Sports Parkway where the entire world watched while police stopped only motorcyclists leaving the World Superbike Championships.  That left a bad taste in the mouths of local notorcyclists and showed the world that teh United States is willing to profile its own citizens.

If you want to voice your concern send an e-mail to the NHTSA through the AMA Issues and Legislation page.

I have been a motorcycle rider for over 30 years and have also been a registered nurse. My law practice focuses on representing injured and killed motorcycle riders and their families. We can help you with medical bills, getting your bike fixed and getting you the money you deserve from the person that caused the crash. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

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