In 2010, two members of the Pagan’s Motorcycle Club filed suit against the New Jersey State Police over a 2009 traffic stop in Southampton they say was illegal, humiliating and discriminatory.
In federal court in Camden on Thursday, the state responded by demanding the biker club’s membership list, financial ledgers, bylaws and other paperwork as legal discovery in order for the suit to go forward.
Judge Magistrate Ann Marie Donio ordered some of the documents that pertain specifically to the case to be handed over, but reserved judgment on the membership list and bylaws.
The attorney representing the two Pagans says the move to obtain the paperwork is nothing short of intimidation.
“It’s a private club and they have no right to that information,” said Boyd Spencer. “The state is trying to make a criminal investigation out of a civil matter. It’s an attempt to intimidate plaintiffs from any social organization for ever bringing a civil rights suit to court.”
Attorneys for the New Jersey Office of the District
Attorney, which is representing the state police, argued in court that the
information is needed for the state to prove that the length of the stop is
justified for officer safety.
Historically, the Pagans have been labeled as an “outlaw motorcycle club” by the FBI and many in law enforcement allege it is a sophisticated crime syndicate dealing in everything from drug and weapons trafficking to violence and extortion.
But simply being a member of the group or displaying its symbols is not a crime because of a constitutional right to freedom of association, Spencer argues, saying that is at the crux of the case.
The lawsuit also alleges the group was not only humiliated when told to remove their jackets, with so-called club colors, but that the trooper violated their First Amendment right to free expression.
The bikers were degraded further, according to the suit, when they were all cited for wearing improper helmets on motorized bicycles, not the high-powered motorcycles they were riding.
In the state’s drafted response, it argued that the trooper simply conflated the similar violation numbers for the citations, and that First Amendment rights were never violated because the bikers never actually removed their apparel and were never restricted from freely associating with one another.
The traffic stop occurred around dusk on July, 30, 2009, on Route 70 in Southampton near the Red Lion Circle.
The bikers claim they were on their way to a charity fundraiser in the township when a state trooper pulled over all six, two of which were members of the Pagans, three members a different group called the Tribe, and one of their wives.
Three of the bikers — Joseph Ballinger of Mantua, James Coles of Gloucester City and Louis C. DeGauiller of Haddonfield — were moved to sue months later over the 1 hour and 14 minute stop.
Coles and DeGauiller are Pagans, while Ballinger is a member of The Tribe, according to the suit.
The lawsuit claims that one trooper told them “Blue and gold are the only colors allowed on this road,” referring to the state police uniform, and used the threat of towing one of the motorcycles as leverage to get the bikers to remove their jackets.
One of the bikers allegedly had a suspended license over an insurance surcharge nonpayment, which turned out to be a computer error that was later straightened out, their attorney said.
“It doesn’t matter what you think of the Pagans or what they are, they have a right to wear whatever jackets they want,” Spencer said. “Even the Ku Klux Klan has a right to wear their silly little patches on their silly little hoods.”
The state argued that the officer had plenty of reasonable suspicion, the requirement necessary for a traffic stop, to pull over the bikers since one of them was seen not wearing a helmet.
Several later pleaded guilty to helmet violations in municipal court, according to the state.
Spencer said that the violations for the three plaintiffs named in the suit were dismissed. Precise records from Southampton municipal court were not immediately available Friday.
The state also argued that the 1 hour, 14 minute stop was reasonable given that authorities radioed driver information to a dispatcher for all six people to see if they had up to date licenses or any outstanding warrants.
Authorities also had to write eight separate citations, according to the state.
The bikers’ attorney rejects the state’s argument and wrote in the suit that the stop was “selective and malicious prosecution…on sham charges.”
“They’re profiling certain people,” Spencer said. “To have reasonable suspicion to pull them over because they’re Pagans, you have to say that every member of the organization is a criminal. That means you can pull over every Italian for being a member of the mafia.”
Spencer says his clients are seeking $3 million in damages.
The judge’s decision on the records is expected within the next few weeks.
Matt Chiappardi: 609-871-8054; email mchiappardi©phillyBurbs.com; Twitter @mattchiappardi. To subscribe, go to phillyBurbs.com/orderBCT
http://www.phillyburbs.com/news/local/burlington_county_times_news/nj-demands-pagans-records-in-suit-against-state-police/article_0d023964-9ede-5096-bfdc-f539a8cd1a22.html
Historically, the Pagans have been labeled as an “outlaw motorcycle club” by the FBI and many in law enforcement allege it is a sophisticated crime syndicate dealing in everything from drug and weapons trafficking to violence and extortion.
But simply being a member of the group or displaying its symbols is not a crime because of a constitutional right to freedom of association, Spencer argues, saying that is at the crux of the case.
The lawsuit also alleges the group was not only humiliated when told to remove their jackets, with so-called club colors, but that the trooper violated their First Amendment right to free expression.
The bikers were degraded further, according to the suit, when they were all cited for wearing improper helmets on motorized bicycles, not the high-powered motorcycles they were riding.
In the state’s drafted response, it argued that the trooper simply conflated the similar violation numbers for the citations, and that First Amendment rights were never violated because the bikers never actually removed their apparel and were never restricted from freely associating with one another.
The traffic stop occurred around dusk on July, 30, 2009, on Route 70 in Southampton near the Red Lion Circle.
The bikers claim they were on their way to a charity fundraiser in the township when a state trooper pulled over all six, two of which were members of the Pagans, three members a different group called the Tribe, and one of their wives.
Three of the bikers — Joseph Ballinger of Mantua, James Coles of Gloucester City and Louis C. DeGauiller of Haddonfield — were moved to sue months later over the 1 hour and 14 minute stop.
Coles and DeGauiller are Pagans, while Ballinger is a member of The Tribe, according to the suit.
The lawsuit claims that one trooper told them “Blue and gold are the only colors allowed on this road,” referring to the state police uniform, and used the threat of towing one of the motorcycles as leverage to get the bikers to remove their jackets.
One of the bikers allegedly had a suspended license over an insurance surcharge nonpayment, which turned out to be a computer error that was later straightened out, their attorney said.
“It doesn’t matter what you think of the Pagans or what they are, they have a right to wear whatever jackets they want,” Spencer said. “Even the Ku Klux Klan has a right to wear their silly little patches on their silly little hoods.”
The state argued that the officer had plenty of reasonable suspicion, the requirement necessary for a traffic stop, to pull over the bikers since one of them was seen not wearing a helmet.
Several later pleaded guilty to helmet violations in municipal court, according to the state.
Spencer said that the violations for the three plaintiffs named in the suit were dismissed. Precise records from Southampton municipal court were not immediately available Friday.
The state also argued that the 1 hour, 14 minute stop was reasonable given that authorities radioed driver information to a dispatcher for all six people to see if they had up to date licenses or any outstanding warrants.
Authorities also had to write eight separate citations, according to the state.
The bikers’ attorney rejects the state’s argument and wrote in the suit that the stop was “selective and malicious prosecution…on sham charges.”
“They’re profiling certain people,” Spencer said. “To have reasonable suspicion to pull them over because they’re Pagans, you have to say that every member of the organization is a criminal. That means you can pull over every Italian for being a member of the mafia.”
Spencer says his clients are seeking $3 million in damages.
The judge’s decision on the records is expected within the next few weeks.
Matt Chiappardi: 609-871-8054; email mchiappardi©phillyBurbs.com; Twitter @mattchiappardi. To subscribe, go to phillyBurbs.com/orderBCT
http://www.phillyburbs.com/news/local/burlington_county_times_news/nj-demands-pagans-records-in-suit-against-state-police/article_0d023964-9ede-5096-bfdc-f539a8cd1a22.html