by David “Double D” Devereaux
San Antonio Police Say Wearing MC Colors In Public Is A Crime
Motorcycle profiling is an epidemic in Texas demanding judicial and legislative relief. It appears that the level of unconstitutional absurdity has reached new heights. As captured on video, members of a motorcycle club were cited by officers in San Antonio for Disturbing the Peace for displaying their motorcycle club insignia in public, which the officers considered a public display of gang colors. The officer’s actions are outrageous and blatantly unconstitutional under both the 1st and 4th Amendments to the US Constitution. All officers in San Antonio, and throughout Texas, should immediately cease and desist from any further illegal seizures and citations based on the fact that a person is riding a motorcycle or wearing motorcycle club-related insignia.
Motorcycle profiling an epidemic in Texas
This incident in San Antonio is only one of the most recent incidents documented and reported across the state. According to the 2018 National Motorcycle Profiling Survey (NMPS) Executive Summary, Texas is among the worst states for reported incidents of profiling in America. The 2018 NMPS confirms the wide-held belief among motorcyclists in Texas that incidents of profiling have dramatically proliferated since the Twin Peaks tragedy that occurred on May 17, 2015. The 2018 NMPS shows a 100% increase in the percentage of survey participants reporting incidents of profiling in Texas since 2013.
Impact on civil liberties
Being stopped and cited for wearing motorcycle club colors under the guise of disturbing the peace would be laughable if it weren’t actually happening. Wearing motorcycle club colors in public has been recognized by federal courts as expressive conduct protected by the 1st Amendment. Moreover, wearing motorcycle club colors is not reasonable suspicion of a traffic infraction or criminal activity, the minimal threshold for a seizure under the 4th Amendment.
Independent of this obvious misapplication of statute, profiling incidents take many forms and impact a wide array of civil liberties. Motorcycle club members with a legal License to Carry have been arrested for possession of legal firearms simply for being a member of a motorcycle club. Club members have been stopped and threatened with jail if they didn’t submit to having every tattoo on their bodies photographed against their consent. Unfortunately, the fact that these attacks on civil liberties impact well established rights and fly in the face of well established judicial precedent has not been a deterrent to law enforcement.
Video is critical to fighting back
The video captured in San Antonio could be a critical piece of evidence demonstrating theessential facts required to successfully defend against the infraction and maybe file for an injunction against the practice of stopping and/or citing a person for wearing motorcycle club colors.
The facts are all contained in a short video. The individuals in the video are being cited
for Disturbing the Peace because wearing motorcycle club colors is displaying gang colors in public. This video makes these facts irrefutable.
Independent of judicial applications, this video and incident also help establish a tangible pattern of profiling necessary for legislative relief. Seeing is believing and nothing has worked better than video in the MPP’s opinion..
motorcycleprofilingproject.com
Phufk san antonio and their costume wearing police Fags.
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All that’s doing is open there Red neck a…s for one big law suit.
I’m patch holder MC on my cut.
We have respect from and for law.
Club Club Club not gang.
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MC’s. Are a waste of time and money ride around. Stand around like you somebody special when really you are a fukn moron
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Why can’t we all just get along , if you berak the law it’s on you, don’t pass laws that are unreasonable people don’t fuck with me and thats a good thing. If. the HAs anb the jokers an the Banditos. Took off their colors the cops would find something else….its there nature
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I’d like to know what club the person who recieved the citation belonged to. Is this someone who was a member of the American Legion Riders or the Horny Toad Harley Davidson HOG chapter, or was he wearing Bandidos colors?
As a biker, club member, AND lawyer, I am quite disturbed by the ticket issued for disturbing the peace (we have this little thing called the First Amendment of the Constitution of the United States to look back on), but I can “understand” the mentality of the cops writing tickets to 1 percenters as a way to harass them out of town. I didn’t say I agree with it. I just understand that they would do that.
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I think cops should mind their
Business its not club business
Some clubs are friendly you
Can hang out with so what if
They wear a patch. Club have been around for years to all
Major clubs and supporters
Fk the police……😎 shit I will
Wear a patch and ride and have
GOOD TIME DOING IT
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Wow I want a patch
Now in any color
Fk the police
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Man the law sucks
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Constitution says otherwise! Cops are 1/2 of the problem!
ACAB
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Does this mean these new cop MCs fall under the same law? Or is it the usual, ” one law for me and another for you”? Until cops are held accountable the same as the rest of us it will be this way. Protect and Serve my ass! Hipocrates!
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Its meant to control the meth head gang banger losers who should be in prision anyway. Bunch of white trash.
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Aren’t cops wearing colors and a GD gun to back it up.
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I respect everyone
Why are cops are
Getting into the
Mc lifestyle …
Oh it’s good for
Them not us
Give respect and
Get respected
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FYI, food for thought ;
https://www.breitbart.com/tech/2019/07/05/report-81-of-suspects-flagged-by-uk-police-facial-recognition-are-innocent/
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Keep fucking with our constitution . Perhaps a few dozen law suits will make them think twice before violating protected rights under the law.
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MCs ARE CLUBS NOT GANGS THEY HAVE JOBS &OWN BUSINESSES WHOMEVER WRITES THIS IS IGNORANT TO WHAT THEY DO AND WE GIVE MORE IN CHARITY SHELTER FOOD CLOTHES MEDICAL HAND IN HAND CALLED MUTUAL RESPECT MLLH&R OLD SCHOOL DETROIT&IT TAKES A LONG TIME TO EARN NOT BUY OUR LOYALTY
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Seriously! Not all motorcycle people are bad! They do a lot for the community! Just because they wear patches doesn’t mean their looking for trouble! Don’t judge people! We’re. All hard working human beings!
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We all ride together in the end All the club members I know are veterans or cops or mom’s or just some body who enjoys freedom.
It’s TIME FOR PEOPLE TO TAKE THEIR HEADS OUT OF THEIR ASS AND GET THE THE LIGHT ON AND see what is happening around them What are they doing protesting the Flag or telling PEOPLE what shows TO buy GIVE ME A BREAK
BIKERS SUPPORT FREEDOM AND MOST OF US LOVE THIS COUNTRY
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As I recall the biggest motorcycle club M/C is VNV M/C a Veterans group
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WHAT IF JUST FOR ONE
DAY ALL CLUBS IN THE
USA HAD A RALLY BIG
CLUB DOWN TO THE
SMALLEST WHAT ARE
THEY WILL DO THEN
WHAT A. SITE
PONDER ON THAT
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Wow
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That good and all
Pull that off
I will pay you
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Sounds like HELLION61 couldn’t even make prospect. Poor little whiny bitch.
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They going to profile these assholes in Sons of Anarchy bullshit fake colors as well?
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Hey there GordWhite. we are not white trash meth heads who belong in prison. You moron. FYI, I’m from a multi-million dollar dollar family with two PhD.’s. Take that and shove it up your ignorant ass. I’ll be with 1% to my last breath. Trust, Loyalty and Honor. More than you obviously have.
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Some people don’t understand
Freedom some want to be
Part of this lifestyle vet mc
Must be respected club’s
That do things for
Community if you
People like what we
Do . Witch I know you
Do stop find a club
Big or small don’t
Matter what color
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To all who support
Patch or not
Haters stop
Crying step up
Probate.
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