Monthly Archives: December 2017

Harley Dealership Swap meet Created After Motorcycle Expo Bans Mongols

By David “Double D” Devereaux

Mile High Harley-Davidson of Parker, Colorado has announced that it will be hosting a motorcycle swap meet in support of the Colorado Confederation of Clubs (Colorado COC) and to benefit the Colorado Vets 4 Vets program on January 27th and 28th, 2018. Mile High HD of Parker is in full support of the Colorado COC’s decision to not attend the Motorcycle Expo due to the banning of the Mongols Motorcycle Club, a Colorado COC member club. The swap meet is a perfect example of a responsible response to acts of discrimination against the motorcycle club community.

Background: The Mongols And The Denver Swapmeet.

Although the Colorado Motorcycle Expo was cancelled in 2017, the event has returned for 2018. And now the expo has made the decision to exclude the Mongols MC from attending the swap meet based on events occurring in 2016.

As reported on January 30, 2016, during the annual Colorado Motorcycle Expo, commonly called the Denver Swapmeet, Iron Order MC member Derrick “King” Duran shot two members of the Mongols MC, killing a Mongol named Victor Mendoza. Victor was attempting to disarm Duran because he had already shot one of his club brothers and was pointing and waving a gun at dozens of innocent people. The MPP obtained a photo (that subsequently went viral) showing Duran with a gun in his hand moments before he killed Mendoza.

The IOMC, known to have active law enforcement among their membership, has been involved in a laundry list of confrontations around the country with other motorcycle clubs that have resulted in violence or death. Iron Order members have not been held accountable for any of the violence or killings that they have been involved in. The same holds true for the incident in Colorado. Outrageously, the district attorney declined to charge Duran, at the time a Corrections Officer, with a crime.

In response to this decision, the Colorado COC, with the support of the National Council of a Clubs (NCOC), an organization representing the interests of motorcycle clubs nationwide, has decided to withdraw support for the Colorado Motorcycle Expo. In support of the Colorado COC, Mile High HD of Parker is hosting an alternative to the Colorado Motorcycle Expo at their location in nearby Parker, Colorado on January 27th and 28th, 2018. The event will benefit Veterans in the state of Colorado.

NCOC Responds: Press Release December 19, 2017:

Conclusions

The Denver Swap meet had been going on for decades without any incidents of violence. The Mongols MC had attended for many years, as have most of the bigger clubs around the country. But the first time the Iron Order attend the event a deadly confrontation occurs and a Mongol is murdered. The IOMC, with known connections to law enforcement, is not charged in the crime. The event owners and promoters then respond by banning the Iron Order and the victims of the 2016 shooting. The Colorado COC, with national movement backing, withdraws support for the event and a local Harley dealership hosts an alternative swapmeet that benefits Veterans.

Instead of doing nothing, the Colorado COC responded to the act of discrimination prompting a local Harley-Davidson dealership to host an alternative event that also benefits Veterans, not the promoters. The Colorado COC serves as a textbook example of how to unify the community in response to acts of discrimination.

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Biketoberfest Motorcycle Profiling Video Sparks Investigation & Retraining

By David “Double D” Devereaux

While attending the 2017 Biketoberfest rally in Daytona Beach, Florida, members of the Iron Horsemen Motorcycle Club (IHMC) were the target of blatant profiling and discrimination at the hands of the Daytona Beach PD. The incident, caught on videotape as a result of quick thinking, is irrefutable.

The impact on civil liberties motivated the combined efforts of the North Florida Council of Clubs (NFLCOC), the National Council of Clubs (NCOC), and the Motorcycle Profiling Project (MPP) to immediately respond with a formal complaint and public record requests. These inquiries, based on the video, have sparked an investigation into the actions of the officers involved and a review of Daytona PD policies regarding motorcycle clubs, says a source inside of Chief Craig Capri’s office. Already, as a result of the State Attorney’s inquiry, a curriculum is being constructed and all Daytona PD officers will be re- trained relating to motorcycle profiling. Activism works.

The Story Captured On Video

On October 20th, 2017, members of the IHMC, while walking down the street doing absolutely nothing wrong, were stopped and surrounded by Daytona PD officers and asked to produce identification. Why? Video captured by the IHMC reveals that the seizure and demand for identification was based solely on individuals wearing colors identifying membership in a 1% motorcycle club. In fact, Daytona PD officers explain on video that stopping and documenting motorcycle club members is standard department policy.

A member of the IHMC, exercising his constitutional right to film police in public, captured the entire event on video. Video can be irrefutable proof of wrongdoing in a case of motorcycle profiling. The video also served as the foundation for a successful complaint that is triggering review from within as well as by the state’s attorney.

This is not the first time that the Daytona Beach PD has been caught on videotape further establishing a clear pattern of motorcycle profiling. Video from earlier in 2017 captures DPD Chief Capri confirming that if you wear a patch in Daytona Beach you will get pulled over. These videos prove that the issue of motorcycle profiling is systemic in Daytona Beach, even reaching the highest law enforcement office, the Chief of Police.

The COC Takes Action: Video Triggers DA Review of Daytona Beach PD

After reviewing the video provided by the IHMC to the MPP, Daytona Beach resident and patch holder Bobby Colella was in a unique position to combine the efforts of three entities focused on the same goal. Colella is a member of the NFLCOC, member of the NCOC PR Committee, and an MPP contributing author. Colella immediately drafted a complaint and sent it to the DPD Police Chief Craig Capri and Mayor Henry by email on 10/24/2017 and by certified mail on 11/03/2017. Colella followed the complaint with a public records request asking for any department policies related to motorcycle clubs or profiling and any records related to the event. Eventually he received a response from the DPD. Colella writes:

“On 11/15/2017 I received a phone call from Jessica Wolfflesnider, executive assistant to Daytona Beach Police Department (DBPD) Chief Craig Capri. Wolfflesnider stated that the video has been submitted to the Florida State Attorney’s office for review. Wolfelsneider also stated there has been an officer (Lt. McBride) assigned to internally review the video and work with the DA’s office throughout the review process.”

“Wolfflesnider stated that dependent on the findings of the state attorney, there could be several actions that occur, to include the officers being reprimanded and additional training being mandated for the officers involved in the 20 October incident, and possible adjustments to the department’s policies.”

On December 18, 2017 Colella received an update from the DBPD. Colella writes:

“Wolfflesnider reports that, in response to the video captured at Biktoberfest, the DBPD Training Department is now working in conjunction with the Florida State Attorney’s office to develop a curriculum to retrain all officers in the department.”

“Wolfflesnider also reported that there is an ongoing investigation being conducted by internal affairs relating specifically to the officers involved in an incident that occurred on October 20, 2017, captured on video by a member of the Iron Horsemen Motorcycle Club.”

Activism Works

This incident is a textbook example of how an effective grassroots movement can handle an incident of motorcycle profiling that occurs in the motorcycle club community.

First, the IHMC, from the beginning, made sure to capture the incident on video. The video is the critical piece of evidence referenced in all further developments.

Second, the video was released through grassroots media like the MPP and shared on social media, which resulted in thousands being exposed. Web media and social networking provides an alternative mechanism to communicate an effective message that is not reliant on traditional news media outlets.

Third, the Florida and National Council of Clubs utilized the video as the foundation for a complaint to the Daytona PD which has triggered an inquiry that has resulted in re- training an entire department and could result in reprimand and/or reform for officers caught profiling on the video.

It’s easy to say that things can’t be fixed or that profiling comes with the territory and has always been a problem for bikers. But fighting back using the democratic process and media that isn’t controlled by monetary motivations can help reduce profiling and secure the freedoms all people should enjoy.

The MPP will report any developments or updates.

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Sheriff Revokes Gun Rights for Associating With Hells Angels

By David “Double D” Devereaux

A recent incident in Modesto, California further evidences that law enforcement is employing a new strategy to target motorcycle clubs. The MPP has reported on the the national trend towards law enforcement attempting to disarm motorcycle club members, including those that have no criminal record, for no other reason than their association with a motorcycle club. In fact, many incidents, including the instant case in California, involve individuals that have a Carry Concealed Weapon license, which also means they have no criminal record and have undergone extensive background checks.

Infringing on the right to legally carry strikes at the heart of biker culture. There are nearly a million registered motorcyclists in California. According to the National Motorcycle Profiling Survey 2017, the Second Amendment right to bear arms is supported by 99% of all bikers. The Second Amendment is likely the one non- motorcycle related issue that almost all bikers agree on.

Unfortunately for California, the 9th Circuit Court of Appeals has ruled that carrying a weapon outside the home is not covered by the Second Amendment, which means concealed carry is a discretionary privilege and not a right. This also means that revoking CCW’s do not violate the Second Amendment.

The positive impact is the hope that this growing threat to the Second and First Amendments will generate further support and participation in the movement to combat motorcycle profiling legislatively, at the state and federal level.

The Story

In May 2017, an alleged associate of the Hells Angels Motorcycle Club was stopped while riding with two others, one of which authorities claim was a full patched Hells Angel that failed to yield for law enforcement. It was discovered that the alleged associate had a CCW. As a result of this stop, Sheriff Adam Christianson, representing the agency that issued the CCW, was notified by Modesto PD relating to the individual’s alleged association with the Hells Angels MC. Sheriff Christianson then notified the alleged associate that his CCW and right to carry a weapon was revoked based on his alleged association with the Hells Angels.

Sheriff’s Letter Revoking CCW For Associating With Outlaw MC’s. Why do they get away with it?

To many it may seem that this is a blatant violation of the Second Amendment. Essentially, the government is forcing a choice between association and bearing arms, two Constitutional rights. But the applicable 9th Circuit Court of Federal Appeals precedent says that “concealed carry” is a privilege, and not a fundamental right guaranteed by the Second Amendment. The court reasoned “that the Second Amendment does not preserve or protect the right of a member of the general public to carry concealed firearms in public.” There is no Second Amendment right to carry a concealed weapon, and therefore regulations that limit one’s ability to get a CCW permit do not violate the U.S. Constitution. 1

Additionally, California is what is termed a “may issue state”, meaning that it is up to the discretion of the jurisdictional Sheriff to approve or revoke an individual’s right to concealed carry.

Is there a solution?

The long-term impact on the civil liberties of patch holders, and then likely others, is very alarming. To blatantly target a community and revoke their rights to carry solely based on association, with no personal guilt of any crime required, sounds like a slippery slope.

The MPP believes that the ultimate solution lies in legislation that directly challenges statutes that allow extreme discretion when imposing restrictions on privelages like CCW’s based on an individual’s 1st Amendment associational rights. Legislative directives that require those reviewing CCW applicants to disregard protected associations like motorcycle club membership, would provide much needed protection related to legal carry.

1 Peruta v. Cty. of San Diego (June 9, 2016) No. 10-56971

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