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Profiling, done in a manner that does not result in action against the interest of the party, even racial profiling is not illegal.
It might make someone a racist jerk but its not illegal.
One of the things mentioned in this discussion (perhaps in the article) is the presence of tattoos. I have tattoos. Because I want to operate in polite society they are not visible in normal clothing. It stands to reason that someone with visible tattoos, especially on their face, has made the decision to operate outside of the confines of normal polite society and MAY represent more of a threat then someone who has not visibly made that choice.
That being said if you see a sword under every cloak and it forces you to hide within your fortress and not experience the world you have given up your life even though you may live
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