Bikers Of America, Know Your Rights!

Wednesday, October 30, 2013

CALIFORNIA - U.S. to use trademark law to go after Mongols patch

OFF THE WIRE

LOS ANGELES >>
Five years after ATF agents rounded up 80 members of the Mongols Motorcycle Club in a sweeping criminal indictment, federal prosecutors remain locked in a struggle with the group over control of its well-known logo, typically worn as a patch on members’ backs.
On one side of the battle is the federal government and a 44-page grand jury indictment levied against Mongols Nation, LLC., a group prosecutors decry as an “outlaw motorcycle gang.” The document details murder, attempted murder, drug deals and deviant sex acts.
On the other side are Mongols and former Mongols who see the attempt to take their patch as a serious limit on their free-speech rights. In court papers, attorneys for club President David “lil Dave” Santillan describe the Mongols as a club founded by Latino war vets who have been misunderstood and stereotyped as criminals because they believe in freedom and liberty.
After ruling last week that the government could go ahead with its case and finding that a countersuit filed by Santillan against Attorney General Eric Holder was invalid, federal Judge Otis Wright set a March 25 trial date.
The fate of the patch now rests in his courtroom. And, Santillan said that, for the most part, Wright’s rulings have been “biased in favor of the government.”
“There hasn’t been anything major in the news for years,” Santillan said. “We’ve been pretty good about polishing our image and trying to get away from that stigma that’s been hanging over our heads.”
In fact, Santillan says Mongols aren’t too different from other large institutions that he believes have also been mischaracterized by the media after legal action.
“It’s like the LAPD or the Catholic Church, the bad apples represent a small percentage — it’s not even 10 percent,” he added as he prepared to lead members of the club on a weekend run to Palm Springs. “We’re paying for their mistakes.”

OPERATION BLACK RAIN
In October 2008, acting on information contained in a grand jury indictment, agents with the federal Bureau of Alcohol, Tobacco and Firearms (ATF) raided locations in six states and arrested several dozen Mongols members or associates as part of Operation Black Rain. In the process they seized guns, motorcycles and drugs.
Among those arrested was then-Mongols President Ruben “Doc” Cavazos. It was Cavazos who originally trademarked the club’s logo and filed paperwork organizing the group as a legal California corporation. At each location where agents served arrest warrants, they also sought out jackets, patches and other items bearing the Mongols’ logo.
The trademarked Mongols logo is unmistakable: The black-and-white image is that of a sunglasses-wearing, bell bottom-clad man with a Fu-Man Chu mustache and a long queue on top of his bald head. The man appears to be holding a sword as he sits in the saddle of a chopper. On his vest is what appears to be a three-stripped battle or combat ribbon that looks a lot like those awarded to Vietnam vets.
At a news conference announcing the busts, John Torres, special agent in charge of the ATF’s L.A. field office, pointed out the significance of Mongols logo and the seizures.
“They live by that Mongols patch,” he said. “We take what’s most dear to them. ... We’re gonna break their back. We’ll do whatever we have to do to stop the violence.”
In interviews, Torres and other law enforcement officers promised to stop patch-wearing members of the gang and strip them of their colors wherever they were encountered.
The 100-page indictment Torres released in 2008 detailed a list of alleged drug dealing, extortion, assault and attempted murder by members of the group.
Ultimately, everyone named in the 2008 Black Rain indictment pleaded guilty and received sentences ranging from a couple of months to dozens of years in federal prison.
Cavazos, his son Ruben “Lil Rubes” Cavazos, and brother Al “The Suit” Cavazos, were ultimately punished by the club and had their memberships revoked — known as being put “out bad.”
But there was a limited victory for Cavazos and the club. During the course of the prosecution, federal Judge Florence Cooper ruled that the government had no right to seize the Mongols trademark or take the patch.
“The government lied in order to obtain an indictment,” Doc Cavazos wrote in an email from federal prison critical of the renewed effort to punish the Mongols. “If this were China or the old Russia, it would be business as usual. But this is the United States of America ... Judge (Cooper) has already ruled on this matter.”
Author Donald Charles Davis, known as “Rebel,” said there are many similarities between the 2008 case and the current indictment. Davis’ blog, “Aging Rebel,” is a sounding board for bikers and an online forum.
“The current case against the word Mongols is being prosecuted by Chris Brunwin and Steven Welk, the same two guys who prosecuted (Cavazos),” said Davis, author of “Out Bad: A True Story About Motorcycle Outlaws.”
“I have been following that case for five years, and the idea has always been to find a way to ban motorcycle clubs in the U.S. This particular incarnation of what is really one long war of attrition is about driving the Mongols out of business by forcing the club to defend itself over and over against successive prosecutions.”

KING DAVID
Judge Cooper died in 2010 and portions of the case went before Judge David Carter — known as King David to attorneys who practice before him. Carter agreed the Mongols trademark was off limits, but suggested to Welk and Brunwin a way to take the patch that might pass muster in court. It required indicting the entire gang as an entity.
As a result, Wright, who heard portions of the 2008 case, has the new indictment to consider. It calls out the club for many of the same criminal acts and seeks to define what it means to be a Mongol:
“(The gang) issued incentives such as tattoos and patches to honor Mongols for committing acts of violence on behalf of the Mongols gang and performing specific sexual acts at Mongols gang events ...
“Many full-patched members also displayed a patch with the designation 1 percent to distinguish themselves from the 99 percent of motorcycle members who were legitimate and law-abiding and identify themselves as being within the 1 percent who were not legitimate and did not adhere to the law or the rights of others.”
In short, the 2013 indictment in Wright’s court, which details shootouts, stabbings and small-scale dope deals, equates being a Mongol with being a criminal. Which is along the lines of Carter’s suggestion to prosecutors.
It could be a tough case for the Mongols to fight.
“Judge Wright is particularly sympathetic to the U.S. Attorney’s point of view and blatantly hostile to the Mongols,” Davis said. “Wright appears to be emotionally invested in finding a way to outlaw motorcycle clubs.”
The idea that an “outlaw” club can be outlawed is exactly what Doc Cavazos believes is at the heart of the latest prosecution.
“It is not just the Mongols and other motorcycle clubs that will have their freedoms trampled,” he wrote. Any legitimate group or club can become victims.”

TRADEMARK VS. FIRST AMENDMENT
At its heart, the case poses some interesting legal questions, said Rebecca Tushnet, a Georgetown law professor who specializes in trademark and intellectual property law.
“I’ve never heard of anything like this in terms of trademark law,” Tushnet said. “There’s no barrier to the government seeking this kind of remedy, but there are some prohibitions.”
Tushnet said taking the trademark — for example — wouldn’t give the government the right to rip jackets off the backs of Mongols any more than it has the right to rip counterfeit Louis Vuittons from the clutches of random women shopping on Rodeo Drive.
And the point where trademark law overlaps with protections for free speech outlined in the First Amendment is “simply a mess,” Tushnet said.
It is likely the government will argue that the Mongols are a “clear and present danger,” and they will likely conclude that on that basis Mongols members should forfeit their patch.
“But, it’s hard to imagine that a symbol worn on someone’s back as they are riding down the highway meets that standard,” she said. “What the government is trying to do — if I understand correctly — it’s trying to do a little slight of hand in terms of seizing that trademark.”
Which is exactly what Santillan hopes to prove, and he says he has backing in the cause from traditional rivals who belong to other groups.
“A lot of clubs are taking the same stance and want to band together to fight this thing,” he said. “It’s about everybody that wears a patch from Christian bikers to one-percenters. This is going to be a big thing. There’s a lot of constitutional issues involved in this.”

http://www.pasadenastarnews.com/general-news/20131026/us-to-use-trademark-law-to-go-after-mongols-patch

Tuesday, October 29, 2013

USA - The Most Dangerous Domestic Spying Program is Common Core

OFF THE WIRE
by Joshua Cook

Earlier this year, revelations about the Department of Justice spying on the Associated Press were quickly followed by revelations that the NSA was collecting phone data on all Verizon, and then all American cell phone, users. Edward Snowden’s whistleblowing drew yet more attention to the issue, and domestic surveillance programs have remained a top issue in people’s minds ever since.

While Americans focus on institutions like the CIA and NSA, though, programs are being implemented which would lead to a much more institutional way of tracking citizens. Obamacare is one of these, but Common Core Standards – the federal educational program – is the most eyebrow-raising.

Bill Gates was one of the leaders of Common Core, putting his personal money into its development, implementation and promotion, so it’s unsurprising that much of this data mining will occur via Microsoft’s Cloud system.

Even the Department of Education, though, admits that privacy is a concern, and that that some of the data gathered may be “of a sensitive nature.” The information collected will be more than sensitive; much of it will also be completely unrelated to education. Data collected will not only include grades, test scores, name, date of birth and social security number, it will also include parents’ political affiliations, individual or familial mental or psychological problems, beliefs, religious practices and income.

In addition, all activities, as well as those deemed demeaning, self-incriminating or anti-social, will be stored in students’ school records. In other words, not only will permanently stored data reflect criminal activities, it will also reflect bullying or anything perceived as abnormal. The mere fact that the White House notes the program can be used to “automatically demonstrate proof of competency in a work setting” means such data is intended to affect students’ futures.

Perhaps even more alarming is the fact that data collection will also include critical appraisals of individuals with whom students have close family relationships. The Common Core program has been heavily scrutinized recently for the fact that its curriculum teaches young children to use to manipulate others and teaches students how to become anderts of the U.N.’s agenda 21.

Combined with this form of data collection, it’s easy to envision truly disturbing untruths and distortions making their way into the permanent record.

Like Common Core,y from the federal government to implement data mining, and 47 states have now implemented some form of data mining from the educational system. Only the full Common Core data mining program. Though there are restrictions which make storing data difficult on the federal level, states can easily store the data and allow the federal government to access it at its own discretion.

The government won’t be the only organization with access to the information. School administrators have full control over student files, and they can choose who to share information with. Theoretically, the information could be sold, perhaps withholding identifying information. In addition, schools can share records with any “school official” without parental consent. The term “school official,” however, includes private companies which have contracts with the school.

NSA data mining is troubling because it could lead to intensely negative outcomes, because it opens up new avenues for control, and because it is fundamentally wrong. Common Core data mining, tracking students with GPS devices however, is far, far scarier.

It gives the government the ability to completely control the futures of every student of public education, and that will soon extend to private and home schools. It provides a way to intimidate students – who already have a difficult time socially – into conforming to norms which are not only social, but also political and cultural.

USA - Dignity for special needs students .

OFF THE WIRE

1. Petition by
  
  paul walters
  
  Adelaide, Australia

This petition will be delivered to: Minister for Education and Child Development, Minister for Multicultural Affairs Jennifer Rankine MP Dignity for special needs students.If your employer locked the door to the toilet and you had no option but to soil yourself, how would you feel? You would feel disgusted and humiliated. It’s against basic human rights. Since when do OH&S laws not apply to a students work place ?

Now imagine you were a 6 year old boy that could not talk with a life long Journey ahead of you that was accompanied with a diagnosed case of profound Autism. Things are confusing enough for special needs children, let’s not make it even more confusing. In my sons’ case he is completely toilet trained, and takes himself as the need arises, with no assistance required , whilst at home. This took many years and many man hours to perfect and we are extremely happy with this achievement.

Why anybody would want to hinder this development is beyond me.

Let’s join together and be the voice for these kids. Together we can demand a change for the little people. Having special needs does not reduce your right to services and an education.

To:
Jennifer Rankine MP, Minister for Education and Child Development,Minister for Multicultural Affairs 

Jennifer Rankine MP, Minister for Education and Child Development, Minister for Multicultural Affairs
We the people demand that you take appropriate action to ensure that the secure environment that the students of Christie Downs Special School spend their days, is fitted out with proper access to toilet facilities.
Direct, un-restricted, secure and supervised access should be made available to the students not only whilst in class but also in break times.
Sincerely, Paul Walters.

Sincerely,
[Your name]

USA - How To Skip Out On Obamacare Without Being Fined

OFF THE WIRE

Posted by: Corey Pepple

I will be submitting a new W-4 form to my employer. At the end of next year I will not be owed a tax refund from the federal government. As a patriotic act of disobedience, I am proudly refusing to purchase any health insurance. This would mean that I will be subject to a fine of 1% of my total income (2% the following year, 2.5% thereafter). The awesome thing about that is unless you are due a tax refund, the government will never see a dime of that money.

My choice to not buy health insurance is a choice many people are going to make, either to protest, or once the ObamaCare website is properly up and running and they get a glimpse at the increased cost of the monthly premiums under the Affordable Care Act. During his radio show recently, Rush Limbaugh went into detail about all of this:

Anyway, [my accountant] said to me that, according to the law, the only way that the government can collect the fine or penalty for you not buying insurance is if you are owed a tax refund. If you do not owe a tax refund, they cannot go into your bank account or anywhere else and get that money. Now, the sad thing is that most people file their taxes to get a refund ’cause they think they’re screwing the government, and they’re not. …

Therefore, the only way that they can collect the penalty or the fine is by taking money from your refund. If you are not owed a refund, they cannot get money from you. They can’t issue a lien. They can’t garnish your wages. They can’t use any of the normal procedures available to them if you owe them money, even though the Supreme Court has said it’s a tax. So for those of us — I mean, folks, I’m in fat city. I’m in fat city because I always structure to where I owe money. Well, not entirely. There have been years. But if you structure your taxes so that you do not get a refund, you do not have to buy insurance and you do not have to pay a fine ’cause they can’t collect it from you if you don’t have a refund due.

And that is just another nail in the coffin of Obamacare imploding on itself.

Limbaugh also highlights that in order for ObamaCare to be successful, the program must coerce a few million young, healthy suckers into paying for something they don’t really need. All I need is a catastrophic plan in event the unimaginable happens. Unfortunately, Obama has banned affordable catastrophic plans and is utilizing the mandate as a way to force us into paying for services that we don’t all need like maternity, vision, dental, mental health, and drug and alcohol treatment.

As many as 20 million people could lose their current health insurance coverage because the coverage they are currently happy with has been outlawed under ObamaCare. These ObamaCare victims are certainly going to face higher premiums which they might not be able to buy, or just don’t believe are worth the potential of a 50% to 150% premium increase with a higher deductible.

Remember that you don’t have to pay a fine if you legally ensure that at the end of the tax year you are not owed a refund from the federal government.

Fight back!