Hello All:
While doing some online research in regard to the US Patriot Act, and having recently read an
article on anti-mountain biking activists in Marin County, CA (including mentioning our familiar
friends Mikey V. and Terri A. by name), the following thoughts came to mind.
If anti-cycling activists intentionally boobie trap trails in an effort to injure mountain bikers,
including those trails perfectly legal for off road cycling, it is entirely possible those
individuals, as well as any environmentalist groups they belong to, may face the possibility of
prosecution as domestic terrorists under newly revised laws passed under the Patriot Act. For
example, Section 802 of the Act changed parts of Title 18 (US Code) to include "Domestic Terrorism"
as follows:
TITLE 18, PART 1, CHAPTER 113B, Sec. 2331:
(Item 5)
(5) the term ''domestic terrorism'' means activities that -
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United
States or of any State;
(B) appear to be intended -
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(iv) occur primarily within the territorial jurisdiction of the United States
Since boobie trapping trails certainly qualifies for all three sections of this revised law
pertaining to domestic terrorism, persons undertaking such actions appear to be chargeable with a
federal offense. It is conceivable that pro-cycling groups could record individuals taking part in
such activities, and turn that evidence over to federal authorities in order to identify those
responsible for terroristic acts.
Even more interesting, are the parts of the Patriot Act that pertain to organizations that harbor
terrorists. The following sections also come from the Patriot Act:
Sec. 803. Prohibition against harboring terrorists. Both the House and Senate bills included this
provision to establish a new criminal prohibition against harboring terrorists, similar to the
current prohibition in 18 U.S.C. § 792 against harboring spies, and makes it an offense when someone
harbors or conceals another they know or should have known had engaged in or was about to engage in
federal terrorism offenses.
Sec. 813. Inclusion of acts of terrorism as racketeering activity. Both the House and Senate bills
included this provision to amend the RICO statute to include certain terrorism-related offenses
within the definition of "racketeering activity," thus allowing multiple acts of terrorism to be
charged as a pattern of racketeering for RICO purposes. This section expands the ability of
prosecutors to prosecute members of established, ongoing terrorist organizations that present the
threat of continuity that the RICO statute was designed to permit prosecutors to combat.
While I may not be a legal expert, I have to wonder if an oraganization, such as the local chapter
of the Sierra Club, has one of its members take it upon themselves to boobie trap a trail, the group
may be chargeable for harboring terrorists if said member talks freely to others about their
exploits. If multiple members are caught boobie trapping trails for bikers, it is entirely possible
the entire chapter may be identified as a Terrorist Organization and prosecuted under RICO statutes.
This may also apply to other groups, such as local hiker and equestrian advocacy organizations.
Hmmmmm... I wonder how Mikey V. and Terri A. would react if they got caught doing bad, bad things,
and were charged as terrorists?
I realize it might be a longshot, but having cycling advocacy groups look at such a strategy might
bring a more cooperative spirit and push the radical environmental fundamentalists to the side in
the dispute...