OFF THE WIRE
agingrebel.com
An Arizona bill intended to reduce police harassment of bikers died last
week. The bill was SB 1086 sponsored by State Senator Judy Burges. It was voted
out of the Senate Public Safety Committee last month but failed in the Arizona
Senate Committee of the Whole.
The bill would have required that police officers in training be instructed
that “the sole fact that a person rides a motorcycle or wears motorcycle-related
paraphernalia” does not amount to a reasonable suspicion or probable cause that
riders are criminals.
The Arizona Confederation of Clubs and numerous members of the Confederation
had lobbied on behalf of the bill. Dozens of bikers packed last month’s hearing
and told the politicians about being stopped and held at gun point for up to an
hour while cops tried to find an excuse to arrest them and tow their bikes.
The Problem
Among the most widely quoted speaker was Jess “Slick Rick” Rodriguez of the
ALMA Motorcycle Club. “If they (the police) see a patch, and you’re riding down
the road, they pull you over for any kind of reason with no probable cause
whatsoever,” RodrÃguez said. “It’s very demeaning at times. Women are frisked
for no reason. You’re detained in 115 degree weather for an hour and then let go
and not even given a reason why you were pulled over. It’s not illegal to be an
Elk. It’s not illegal to be an Eagle. It’s not illegal to be a Shriner, a Knight
of Columbus. We wear collective marks. We ride motorcycles. That’s what we like
to do. I understand the average Joe citizen doesn’t feel our plight. But when
they get done with bikers who are they going to pick on next?”
Police bullying of motorcyclists in general and motorcycle club members in
particular is an escalating problem in the United States. Two major civil rights
suits in New Jersey and Nevada have been filed in federal court to combat the
problem. The Nevada suit was brought by the Southern Nevada Confederation of
Clubs and numerous individual complainants. The New Jersey suit was filed by
members of the Pagans and Tribe Motorcycle Clubs.
Arizona, which is broke but keeps throwing millions of tax dollars at an
imaginary biker menace, seems to be begging for a similar lawsuit.
The Usual Suspects
The bill was defeated by a caucus of twelve Democratic Pol Pots and two
Republican wing nuts – Senator Steve Yarbrough and Senator Rich Crandall. The
opponents were all tools of the police lobby which had opposed the bill. The
roll call was tied 14-14. The bill needed a majority to move on.
Yarbrough called the SB 1086 an attempt “micromanage the syllabus for the
police academy…. How about persons who wear military uniforms? Certainly they
ought to be protected as a class. What about young people, or what about little
old ladies with gray hair? All of those might be worthy of being a protected
class so they’re not profiled by the police.”
Gallardo singled out the Hells Angels as one reason why police must defend
Arizona from the Bill of Rights. “That one percent patch symbolizes that these
are folks who live outside the law,” Gallardo theorized. “So if you don’t want
to be profiled, stop wearing those patches.”
The Ninth Circuit Court of Appeals, which has jurisdiction over Nevada, ruled
in a case titled Sammartano v. First Judicial District Court in and for the
County of Carson City, that motorcycle club patches and similar adornments
are constitutionally protected speech.
VIDEO
http://youtu.be/Nt9rFNTdaU8