First Amendment

Published on August 18th, 2015 | by David "Double D" Devereaux

14

Waco Judge Rules Being in a Club is a Crime?

The first examining trial related to the Waco shooting concluded with the judge finding sufficient probable cause for the arrest and charge of a married couple present at the Twin Peaks on May 17, 2015. There was no evidence presented of either individual committing an actual crime. The judge found probable cause to arrest Mr. And Mrs. English as parties engaging in organized criminal activity.   Their association with one of these groups, displayed through a support patch, was determined to be sufficient probable cause to send the question to a grand jury to consider an indictment. It was also asserted that members of criminal street gangs do not have the legal right to carry weapons even if they have a concealed carry permit.

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I find this decision disturbing.  Although just an examination trial, not the criminal trial, based on this logic members of legal associations can be charged with organized criminal activity based on others actions, with no evidence that they actually participated in a crime.  Law enforcement nationwide has been influenced by Waco, some conducting militarized police operations in response to clubs simply riding through town. The implications for the 1st Amendment should be obvious and they are not positive.

WHAT WACO COURT CONSIDERS PROBABLE CAUSE

Against much case precedent, the Waco court has concluded that alleged membership in an organization that law enforcement labels as a gang is sufficient to establish probable cause for an arrest for organized criminal activity even if there is no evidence showing involvement in criminal activity.

“Department of Public Safety Lt. Steven Schwartz, a 17-year department veteran, testified at the morning hearing that William and Morgan English wore patches that identified them as members of a group called Distorted. Another patch identified them as members of a support group for the Bandidos, which Schwartz said has been identified as a criminal street gang.

 He said he thinks the Englishes were aware of the rift between the Cossacks and Bandidos and they were there that day as a show of support for the Bandidos.”

 “Schwartz said they wore patches that said they support the Bandidos, so that tells him they are at least somewhat involved in criminal activity.

 He said he saw nothing that day and has developed no subsequent evidence to show the Englishes are involved in criminal activity.” (see Waco Tribune)

Notice the defendant’s knowledge of tensions helped establish probable cause. But consider the fact that knowledge of alleged tension between these clubs in Texas was common and even reported by the media. Knowledge of a rumor on the street or in the media is now sufficient to determine participation in organized criminal activity?

APPLYING THE COURT’S LOGIC TO THE REST OF SOCIETY

Does this mean a Seahawks fan with a jersey and knowledge of tension with Denver fans could land in jail, charged with organized criminal activity and a $1 million bond, if they go to a Denver/Seattle game and a Broncos fan gets hurt by another fan wearing a Seahawks jersey?  Sounds unreal.  And it should be. But that’s what this decision means for motorcycle clubs.

nfl-fan-fight

“Going to the game? Undercover officers will be keeping an eye on Seahawks fans”

(Source: Q13 Fox TV)

Disturbingly, Lt. Schwartz also asserted during testimony that members of criminal street gangs cannot legally carry weapons. Tommy Witherspoon, covering the trial on Twitter, posted “Schwartz said membership in a criminal street gang prohibits one from having a legal concealed handgun license.”  Remember, these individuals possess legal concealed carry permits and have passed extensive background checks. This is further proof of the attempt to disarm motorcycle clubs.

Almost every large organization has members that commit crimes. This is true of motorcycle clubs, law enforcement agencies, city councils, state legislatures, U.S. Congress, sports teams, churches, schools, fraternities, sororities, corporations, investment groups, nonprofits, many political groups, and just about every other large group or community. But the actions of the few do not define the whole group.

If mere membership or affiliation with an organization where someone else commits a crime is sufficient to establish probable cause for organized criminal activity and prohibit gun ownership, imagine the chilling effect that could have on not only motorcycle clubs but society at large. Fear of prosecution could deter membership in organizations across the board, particularly those critical of government and law enforcement abuse. Other progressive organizations for change, often in opposition to government abuse and policy, could find themselves any easy target for organized criminal activity prosecutions. It’s an effective method to dismantle a grassroots social or political movement.

Motorcycle clubs will be presumed criminal organizations and the rights of members will be severely restricted. It will be easier to arrest and prosecute club members. Club members with no criminal records will no longer be able to carry concealed weapons legally. Membership will be considered sufficient to establish reasonable suspicion and probable cause that a crime is occurring or will likely occur. It’s not a matter of if or when. This is happening now.

This threat should galvanize us to fight for legislative and judicial relief against discriminatory law enforcement targeting motorcycle clubs. Only through unification, organization, and political action can motorcycle clubs survive the current onslaught targeting our community.  Everything from the trademarks of club patches to gun ownership are under attack. Clubs will either unite on common ground or many clubs will cease to exist.


Source: MCPP WP old

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About the Author

David

is the Spokesperson for the Washington State Council of Clubs, Founder of the Motorcycle Profiling Project, and works with motorcyclists at the national level. Contact: Send Email,



DISCLAIMER: Although comments are encouraged and appreciated, not all comments will be posted by Motorcycle Profiling Project LLC. The Motorcycle Profiling Project LLC appreciates oppositional viewpoints but will not post any comments that do not contribute to a respectful and meaningful discussion or are blatantly discriminatory or otherwise offensive. Resubmissions will be considered at the commenter's request.


14 Responses to Waco Judge Rules Being in a Club is a Crime?

  1. Anonymous says:

    The Supreme Court ruled in the case of Cohen V. California, 403 US 15 (1971) that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court Thus, a person’s right to wear the clothing of his choice, as well as his right to belong to any club or organization of his choice, is constitutionally protected. Persons or establishments who discriminate on the basis of clothing or club membership are subject to a lawsuit by the person who was wrongly discriminated against by such persons.

    • doubledomc says:

      I agree with this. Cohen has been the argument that NCOM and COC’s have used in many public accommodation cases over the years. That is what is so disturbing about this judges line of thinking and gang laws in general. Allowing associations to be sufficient probable cause for arrests would chill 1st Amendment expression and associations, including political speech, which is supposed to be the most protected form of speech that exists.

  2. Anonymous says:

    Because of a patch that says SYLB the person is associated with gang activity. That is the dumbest BULLSHIT I have ever heard.

  3. Carey Bilyeu says:

    I am honored that you can pick up where I left off David! Immediately after the Examining Trial was over I posted the same words you post here! While you’re quite a bit more eloquent in the elaboration, you hit the nail dead on the head! Keep up the good work kind sir!

  4. Carey Bilyeu says:

    On another note, the good LT. Schwartz also effectively stated the profiling is legit and does occur with the DPS office!

  5. Dewey Beardsley says:

    “AS UNITED STATES CITIZENS WE ALL NEED TO STAND UP AGAINST THIS RULING AND THE ‘BS’ OUR GOVERNMENT IS DOING TO THE REAL AMERICAN’S OF THIS COUNTRY.
    WE ARE THEIR BOSS! NOT THE OTHER WAY AROUND.
    WE HAVE TO START TO STAND OUR GROUND STARTING NOW! NOT TOMORROW CAUSE TOMORROW’S NEVER COME AND PROCRASTINATION GETS US ABSOLUTELY NO WHERE!
    THE EMPLOYEES (elected officials) THAT THE CITIZENS OF THIS COUNTRY PUT IN OFFICE TO ARE STABBING THE VERY SAME PEOPLE IN THE BACK AND NOBODY SEEMS TO CARE. IT’S TIME FOR THE CITIZENS OF EVERY RACE TO START CARING BEFORE IT’S TOO LATE.
    BEFORE YOU HAVE ANY CLUE TO WHAT THEY’RE DOING TO US, THEY WILL TAKE EVERYTHING FROM YOU, THE VERY ONE THAT HELPED PUT THESE REAL CROOKS IN OFFICE AND POWER.
    THE POWER IS SUPPOSED TO BE THE “PEOPLE’S” AND NOT THE ONES THE PEOPLE PUT THERE.

  6. Scott Black says:

    this judge is an idiot,when I lived in Georgia and rode my bike with my buds,we started a club,the first rule of starting a club in an area with a major club present is showing respect,it makes the difference between wearing the right and wrong patch.Example,if we are in an outlaw state and use a logo that is close to the Outlaws patch,we could cause an issue with the club,it is stealing.Once you know what patch is not theirs and you avoid conflict,you get a support patch,it does not mean you are a member,but just like with charity,(like FOP)it shows you donate money or support charity rides etc.It does help if you are broke down as I was and a few members of a club got me a ride for me and my bike,kinda like triple AAA but cooler

  7. Anonymous says:

    all i in can say is that i have heard of motorcycle clubs who have cops as members so they better go to prison as well if they dont turn in their badges and guns….. that is if this bullshit is even allowed to fly… the judge should be disbarred and thrown off the bench.

  8. NONEYA says:

    We are all more and more exceedingly aware of the rift between the Justice system in this case,and The Constitution,and The Truth . That is probable cause to make arrests for treason…….

  9. Any biker will know that support patches, shirts and other paraphernalia can be purchased at almost every rally, event or other gathering. I’ve had Hell’s Angels shirts, white power shirts, a Bandido support shirt and even a support patch for the Cossacks (from many years ago before the conflict between them became such a big issue). I’m a member of a club that had members at Twin Peaks simply for the meeting – does that make me ‘guilty’? As someone already mentioned if you’re going to have a club and want to wear a patch you get the ok from whatever outlaw or major club that claims territory in your area. It just makes for better – and more peaceful – relations. This whole thing was so unnecessary and has gotten preposterous.

  10. Johnny says:

    I also be long to a motorcycle bike club we have a bike run every year for a battery women shelter we raise almost 6, 000. Thousands dollars thanks to the support of the Biker community.Now my question is it legal for certain restaurants and Bars to not allow patches in their establishes.Now I really know how the Black People felt back in the day I thought discrimination was not around this Great Country of ours that so many of. US fought and died for By the way we do not patronize nor do our friends and families.

    • David David "Double D" Devereaux says:

      Unfortunately, it is not lllegal for a private owner of a public establishment to deny service to people wearing patches except in MN where they added motorcycle attire to their pubic accommodations law. It is illegal, however, for an agent of the government, like police, to coerce an owner to deny service. Government discrimmiattion of any type is unconstitutional and in these cases civil rights claims have succeeded. In fact, in Oregon this week 2 patch holders received a 20k judgement.

  11. Doc says:

    I agree with you DoubleD not only is it disturbing that we have a judge that has this line of thinking, it’s more disturbing that this is the norm of the judicial system. The Judge probably sees it this way because if they don’t find that they had probably cause to arrest them, the amount of the lawsuits against the WACO Police department would be astronomical. Everyone thinks in monetary value these days, not whether it is a correct ruling or not! I find this totally absurd. They have made these police departments across the nation a small military and now they are moving and thinking like jack boot thugs! Tyranny at it’s best these days and more to come wait and see…I prefer that we did not wait and see, I prefer that we take action years ago!

  12. Hank Photo says:

    I’ve decided, at age 49, here right now in Texas, but soon moving to Seattle, that when my son and I get there we are either going to join a smaller club or start our own….and of course, if we start one, we’ll then guess what? We WILL seek out consultation from the larger club in the area. Does that mean we will be members? Of course not.. .we are doing because we want to ride with like minded free citizens. I’m already a member of the Aircraft Owners and Pilots Association. …so if I get the ATF, FBI, or DEA to join AOPA with me, and then talk naive pilots into some petty predicate crimes, I can then assume the Justice Department will want to classify AOPA as a criminal enterprise under RICO? Fuck, this shot has to stop. The wag the dog politics of federal law enforcement has rode this one far enough it’s time they get to the work of finding the real gangs and organizations that actually commitbcrimes, import drugs, guns etc…like the MAFIA or Russion, Chinese and Japanese syndicates. They go after the low hanging fruit of mass petty crime in bike clubs making crimes like selling a joint, or participating in fabricated criminal activity envisioned by the undercover agents in the clubs! You know why feds can do this? Because motorcycle clubs are not gangs…HELLO…they are clubs ..and as such just about anybody who appears to be like minded politically, lifestyle wise ad owns a motorcycle can join! Yep…the FBI goes after clubs that their own agents join….and then motivate, cajole the real members to participate in crimes they and their paid informants make up! Hello hello hello? Knock knock knock and body in their? They are doing it to change the laws and destroy the constitution! Why don’t the do this shirt to real gangs like the Italian Mob? Well hello….because they are real gangs and that requires work and bikers are easy fruit for mass arrests and more funding…one day congress will look around and wonder why if there are no bikers anymore there is still meth, and prostitution and guns. Moronic sheep sleeping American . Wake up!

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