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Protecting bikers

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Wednesday, March 7, 2012 9:10 PM

There are many good arguments to be made for legislation protection of groups that are traditionally ostracized — however discretely or insidiously — in settings such as hiring, housing or business decisions. Those arguments are ensconced in anti-discrimination laws that protect people’s identity and religious affiliations from being factors in their life pursuits, and that is as it should be.

A measure pending in the Colorado Legislature to restrict businesses and institutions from discriminating against motorcyclists dressed in leathers is an unmitigated waste of time. The only saving grace to the measure is that it is unlikely to go very far through the legislative process. Beyond that, it amounts to political pandering that makes a mockery of the very real concerns raised by those who face discrimination for far more compelling and troubling reasons.

House Bill 1128, sponsored by Rep. Joe Miklosi, D-Denver, would prohibit discrimination based on “unconventional attire,” though that term is defined as attire that connotes participation in motorcycling or status as a veteran. The notion of unconventional attire surely has far broader reach than these two, often overlapping demographics, and if Miklosi was truly committed to ending discrimination on the basis of appearance, he could have chosen a better definition.

Linking veterans and motorcycle enthusiasts in a special protected class suggests that Miklosi, who is running for Congress against incumbent Rep. Mike Coffman, R-Aurora, is looking to garner favor among a slightly broader demographic that tends to encompass the groups HB 1128 would protect: namely late middle-aged white males of relatively comfortable means. By cynically claiming the bill aims to protect veterans from discrimination, Miklosi could be accused of wrapping himself in the flag for political, election-related purposes. He is certainly not alone in making such attempts, but in aiming to establish protected status for what might at its core be among the least discriminated-against demographic in the United States, Miklosi’s measure is actually somewhat offensive — however short-lived it will be.

Federal law prohibits discrimination on the basis of race, disability, creed, color, sex, sexual orientation, marital status, national origin, or ancestry, and there are legitimate claims of entities’ failures to adhere to this standard.

By refusing to truly protect those groups whose lots in life are compromised as a result of their race, sex, religion, or physical abilities while at the same time extending protections to those who choose two-wheeled transportation and leather clothing suggests that any and all groups deserve special protections. That would be the most generous reading of HB 1128’s intent: by extending protections to everyone, no one will face discrimination. While that is a vision we can all support, it is far from reality and Miklosi’s measure does little if anything to move Colorado toward such a place. In the meantime, HB 1128 will likely live a short life in committee, and that is for the better.

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