Monthly Archives: July 2016

US House of Representatives Introduces National Anti-Motorcycle Profiling Resolution

By David “Double D” Devereaux

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The first step towards a law prohibiting motorcycle profiling at the national level was introduced in the US House of Representatives on July 13, 2016 and referred to the House Committee on the Judiciary the same day. House Resolution 831 promotes public awareness of motorcycle profiling at a national level and urges state law enforcement officials [in all 50 states] to condemn “motorcycle profiling in written policies and training materials.” Although resolutions are non-binding, H. Res. 831 makes motorcycle profiling a national discussion and directs states to condemn the practice. This policy directive to all 50 states will greatly assist the efforts in any state pursuing anti-motorcycle profiling and discrimination legislation.

Res. 831 is a direct result of the collaborative efforts of the Motorcycle Riders Foundation (MRF), the National Council of Clubs (NCOC), the Motorcycle Profiling Project (MPP), and the National Coalition of Motorcyclists (NCOM). The MRF has taken the lead with feet on the ground in DC demonstrating the value of an established lobbying infrastructure in our nation’s Capitol. The Motorcycle Profiling Project is primarily responsible for policy research, consultation, and substantive analysis. The NCOC is focused on media and public relations at the grassroots and national level. Finally, NCOM has endorsed the unified effort to pass legislation addressing motorcycle profiling at the national level.

Res. 831 represents the first time that these organizations have explicitly collaborated on a federal initiative. In terms of discrimination, motorcyclists, motorcycle rights organizations and motorcycle clubs have far more in common than differences.

Every motorcyclist concerned about the issue should contact their US House of Representatives urging them to co-sponsor and or support H. Res. 831.

You can find your Representative here:

http://www.house.gov/representatives/find/

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Big Win: QuikTrip Fires KC Police Officer For Threatening 1%’ers

By David “Double D” Devereaux

letter

A recent incident involving an off duty police officer captured on video threatening members of 1% clubs with false arrest for trespassing, while working as a security guard at a QuikTrip gas station in Kansas City, mobilized the National Council of Clubs (NCOC) membership in Missouri and Kansas resulting in a significant victory for clubs in the region. Following a press release and official inquiries to the corporation and the KCPD, QuikTrip has renounced the actions of this off duty officer, released him from employment as a security guard, and clarified its policy of inclusion to all security guard personnel. This success in Kansas City is a recent example of how effective a mobilized grassroots movement like the National Council of Clubs can be and how to develop a pattern of evidence necessary for legislative relief.

A Mobilized Grassroots Response

A member of the Sons of Silence Motorcycle Club was cognizant enough to videotape the prejudicial actions of off duty officer Marchant the night of June 25th. This member immediately forwarded the video to the NCOC for review and action. The NCOC coordinated with its membership in Kansas and Missouri and quickly formulated a plan of action.

First, a statement describing the incident and released along with the video was published on motorcycleprofilingproject.com and forwarded to local media outlets, the QuikTrip corporation, and the KCPD. Second, the Region II NCOC spokesperson then drafted a letter of inquiry to QuikTrip corporate and formally requested QuikTrip’s official policy regarding customers that are members of 1% motorcycle clubs and a request to clarify that policy to security personnel.

July 1, 2016

Chet Cadieux, CEO

OuikTrip Coporation

4705 South 129th Street

Tulsa, Oklahoma 74134

Sir:

I’m writing today to report multiple occurrences of a disturbing nature happening at your location at I-435 and Front Street in Kansas City, Missouri.

On at least two recent occasions, individuals who happen to be members of 1%er motorcycle clubs have visited this location to purchase fuel and other sundries from your convenience store. These individuals have visited this particular store on a regular basis for this purpose in the past. In fact, one of them reports that he stops by this store every night on his way to work to purchase a cold soda pop to take to work with him.

On the two occasions that have been reported to me, an off-duty Kansas City, Missouri Police Department officer, named Officer [Marchant] (Badge Number 1706), who was apparently working as a security guard approached these individuals as soon as they arrived and ordered them off the property, saying that 1%ers weren’t allowed to patronize the store. The officer gave no reason for ordering them from the property except to say that they were on private property and, as long as KCMOPD officers were present, were trespassing.

I am not aware that QuikTrip Corporation has announced a policy of refusing the business of 1%er motorcycle club members. Certainly, there was no indication that 1%ers weren’t welcome at your Front Street location on the occasions I mentioned above; there were no signs that stated as such or even that motorcycle club colors weren’t allowed. When questioned, the clerks who were on duty at the store stated they had no problem with these individuals’ presence on the property. The only indication of any problem was Officer [Marchant’s] insistence that they were trespassing.

Over the past several years, various federal district and appellate courts have ruled that by identifying with particular groups and wearing clothing that identifies the wearer as a member, citizens are exercising rights of free speech and assembly guaranteed by the US Constitution. By employing individuals in security positions who profile motorcycle club members and single them out for special treatment, QuikTrip Corporation is complicit in violations of their Constitutional rights.

Please help me out here: Does QuikTrip have a policy that members of 1%er motorcycle clubs aren’t allowed to patronize QT locations? If that is the case, I’ll be sure to publicize this policy so as to insure motorcycle club members know they aren’t welcome on QT property. This includes a significant number of big truck drivers within our community—not just within the Kansas City area but across the Midwest and Southern states—who regularly purchase fuel at QT locations. Several who I have personally spoken with stated that, if this is the policy of your company, they will be sure to avoid any QT location going forward.

We only seek to be allowed to exercise our Constitutionally guaranteed rights as any other American can. Of course, we respect the right of QuikTrip to put in place whatever policies are legal and the company believes are appropriate on its private property. I respectfully ask that, if a prohibition on motorcycle club members is in fact in effect at your locations, you clarify this policy so we may be sure to comply. On the other hand, if Officer [Marchant] is mistaken and is acting outside of QT policy and procedures, I’d ask that you review security policies and make appropriate adjustments.

Respectfully,

Brian P. Cohoon

Spokesperson

Region II, National Council of Motorcycle of Clubs

cc: Terry Williams, Division Sales Manager, Kansas City Area

Finally, a member of the Mongols Motorcycle Club who owns a trucking company informally reached out to another QuikTrip location in Missouri that his company regularly does business with. A member of the Mongols MC was also threatened with false arrest for trespassing by officer Marchant on June 12th. The amount of fuel sold to motorcyclists involved in the trucking industry in the Kansas City area is significant. This member’s informal inquiries were intended to determine whether this incident was isolated to one location or prevalent at other QuikTrips.

The results of the NCOC’s coordinated efforts generated near immediate results.

A Win For Motorcyclists, Club Members and 1%’ers.

Initially, the manager of the other location writes to the Mongols MC member that informally inquired:

“Wanted you to know that this officer is no longer working security for any QT stores – so sorry for the mistreatment of your friends and family – we highly value your business and respect.”

Although not an official policy statement, this was the first result of mobilized action. On July 8th, the first official communication from QuikTrip corporate was received and strongly echoed the informal response.

A True 1%’er

Although law enforcement falsely describes a 1%’er as an individual proudly displaying criminality, the individual that took the video of officer Marchant’s threats truly demonstrates what a 1%’er is really all about.

A 1%’er stands his ground. A 1%’er is not afraid of being arrested based on idiotic and unconstitutional threats. A 1%’er is absolutely committed to the idea that we should all be free from abusive authority and social control. A 1%’er epitomizes a freedom fighter and the struggle against an emerging police state that operates by imposing fear and intimidation on innocent people. A 1%’er stands up for the basic liberties embodied in the 1st Amendment and the right to express this commitment to his brotherhood even when confronted by an authority figure attempting to illegally and unjustly discriminate. A 1%’er will be the first one to say “fuck off” when it needs to be said. A 1%’er commits to a life of loyalty, honor, respect for oneself and ones brotherhood and will not back down from that commitment.

Most people are too mentally weak and ethically compromised to be a true 1%’er. Most people would not risk their freedom or their lives to stand up for themselves or their community in the face of abusive police action. This 1%’er has integrity, intelligence, and foresight. And this 1%’er acted like a real man with confidence. as opposed to the intellectually and morally bankrupt officer Marchant.

Conclusions

These results should be considered a significant victory. Although the KCPD has not officially responded, officer Marchant being relieved of his position as a security guard at all QuikTrip locations is a win for motorcyclists and motorcycle clubs in the Midwest region. Moreover, an official statement from QuikTrip welcoming all motorcyclists, including 1%’ers, cuts against an inaccurate and vilified stereotype that motivated officer Marchant’s discriminatory mindset in the first place. As the pattern of evidence continues to build, the necessity for legislation addressing motorcycle profiling at the state and federal level becomes self evident.

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KCPD Officer Working for Quick Trip Threatens Sons of Silence & Mongols

By David “Double D” Devereaux

Video obtained by the MPP captures two members of the Sons of Silence Motorcycle Club being harassed and threatened with false arrest on the night of June 25th, 2016 at a Quick Trip service station in Kansas City because, according to one KCPD officer Marchant, “1%’ers aren’t allowed at the Quick Trip while the KC police are present.”

Importantly, the employees at the Quick Trip had no issue with serving these individuals, frequent customers of this particular establishment. It is unconstitutional for an agent of the government to impose discriminatory access restrictions on anyone, including members of 1% motorcycle clubs.

This incident is one example in an extensive pattern of evidence demonstrating the epidemic of motorcycle profiling and discrimination taking place in Missouri and most pockets of America. Legislation prohibiting the practice of profiling and providing a mechanism of relief for victims is long overdue.

The Story

On the evening of June 25th at approximately 11pm, two members of the Sons of Silence Motorcycle Club pulled into the Quick Trip located at 6820 Front Street, Kansas City, Missouri. According to one member, “We didn’t even have time to turn our bikes off before an officer approached us and told us we had to leave because 1%’ers weren’t allowed at the Quick Trip while the Kansas City Police are there. I thought he was joking. But he wasn’t. He showed me his KCPD badge.”

But this individual frequents this Quick Trip and was doing nothing wrong. So he ignored the unconstitutional request and proceeded into the store to buy gas. When he entered the store there was an officer in plain clothes (visible in the background of the video) talking to an employee (also seen wearing red in the video) stocking shelves.

“I asked the officer whether I was allowed in the store as a 1%’er. He said I was allowed. I also asked a female clerk behind the counter whether there was an issue with me being in the store. She also said that the Quick Trip had no problem. Yet officer Marchant continued to insist that I leave the premises. I told officer Marchant to basically f*#k off. At this point, I returned to my motorcycle and began to videotape the incident.”

Although this individual was serving as a security guard at the Quick Trip, he was acting under the color of state law. First, by showing his KCPD badge he is presenting and exerting himself as a KCPD officer. Second, in the included video he identifies himself as KCPD officer Marchant.

The Video Shows Harassment And Threats Of False Arrest

The video shows Marchant’s continued insistence for the two club members to leave the property. According to Marchant, they were trespassing. When asked how trespassing could be established when the employees of the store had no issue serving club members, officer Marchant had no intelligible answer.

Eventually, a Sgt. Quinn arrives and officer Marchant attempts to handcuff the member taking the video. Marchant attempts to justify his demands by saying that the club member used profanity in the store and that was why he asked them to leave. But this was a lie according to both members. Officer Marchant told them to leave as soon as they pulled up. Obviously, this is before anyone entered the store. He attempts to handcuff the man but his hand is pushed away.

Ultimately, Sgt Quinn tells them to have a nice night. They are allowed to leave. Officer Marchant does not receive his wish and no one is falsely arrested. But not before a helicopter is deployed and circling above.

This Is Not An Isolated Incident-Member Of Mongols MC Escorted Off Quick Trip Property.

Just two weeks prior, in the early morning hours of June 12th, a similarly incident occurred involving a member of the Mongols Motorcycle Club at the exact same location. In an interview with the MPP, a member of the Mongols Motorcycle Club explained the incident:

MPP: Describe what happened to you on Sunday, June 12th, at approximately 1am, at the Quick Trip located at 6820 Front Street, Kansas City, Missouri.

Mongols MC member: “I stopped by the Quick Trip Gas Station on Front Street on my way to work (I’m an engineer for the railroad) to purchase a Mt. Dew. As I opened the cooler, a security guard (presumably officer Marchant based on the description, location and his demeanor) said, “Hey guy. We don’t allow 1% jackets in the Quick Trip.” I wasn’t sure I heard him right so I asked him to repeat himself. He said, “We don’t allow your type in here.”

I told him I just wanted to grab my Mt Dew and go to work. I told him I hadn’t done anything wrong. At this point he started to threaten me. He said, “I’m gonna escort you out of the store or I’ll call a paddy wagon.” (Note-Again he’s acting under the color of state law.) This upset me and I started saying f#*k this. He would not allow me to purchase a Mt. Dew.

I told him, “I’ll walk out free willing. You are more of a criminal than I’ll ever be.”

He followed me outside and said, “I don’t want you ever coming back here.”

Motorcycle Clubs Are Constitutionally Protected From Government Intrusions On Expression and Association.

Federal intrusions are prohibited by the 1st Amendment. These obligations have been incorporated under the 14th Amendment and are extended to the states under the Equal Protection Clause. This means that no agent of the government may force or coerce any establishment to impose restrictions that prohibits attendees from wearing clothing displaying the name or symbols associated with a motorcycle organization.

What relief is available for a victim of government discrimination? An individual that has been denied access to a public space at the hands of a government agent can pursue relief under federal law. Prohibiting individuals from expressing themselves and wearing t-shirts or protective equipment with patches or insignia exposes the government to liability under 42 USC §1983.

Conclusions

The actions of this KCPD officer are inexcusable. The practice of motorcycle profiling and discrimination violates constitutional prohibitions against government discrimination, increases the government’s exposure to civil liability, and represents a gross mismanagement of public resources. Documented incidents like this prove that motorcycle profiling is irrefutably occurring. Legislative solutions, like those adopted in Washington State and Maryland, provide a cost-free policy option that empirically reduces profiling.

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