Pattern of Evidence

Published on July 2nd, 2019 | by David "Double D" Devereaux


San Antonio Police Say Wearing MC Colors In Public Is A Crime

Motorcycle profiling is an epidemic in Texas demanding judicial and legislative relief. It appears that the level of unconstitutional absurdity has reached new heights. As captured on video, members of a motorcycle club were cited by officers in San Antonio for Disturbing the Peace for displaying their motorcycle club insignia in public, which the officers considered a public display of gang colors. The officer’s actions are outrageous and blatantly unconstitutional under both the 1st and 4th Amendments to the US Constitution. All officers in San Antonio, and throughout Texas, should immediately cease and desist from any further illegal seizures and citations based on the fact that a person is riding a motorcycle or wearing motorcycle club-related insignia.  


Motorcycle profiling an epidemic in Texas


  This incident in San Antonio is only one of the most recent incidents documented and reported across the state. According to the 2018 National Motorcycle Profiling Survey (NMPS) Executive Summary, Texas is among the worst states for reported incidents of profiling in America. The 2018 NMPS confirms the wide-held belief among motorcyclists in Texas that incidents of profiling have dramatically proliferated since the Twin Peaks tragedy that occurred on May 17, 2015. The 2018 NMPS shows a 100% increase in the percentage of survey participants reporting incidents of profiling in Texas since 2013.  



Impact on civil liberties


Being stopped and cited for wearing motorcycle club colors under the guise of disturbing the
peace would be laughable if it weren’t actually happening. Wearing motorcycle club colors in
public has been recognized by federal courts as expressive conduct protected by the 1st
Amendment. Moreover, wearing motorcycle club colors is not reasonable suspicion of a traffic
infraction or criminal activity, the minimal threshold for a seizure under the 4th Amendment.  


Independent of this obvious misapplication of statute, profiling incidents take many forms and
impact a wide array of civil liberties. Motorcycle club members with a legal License to Carry
have been arrested for possession of legal firearms simply for being a member of a motorcycle
club. Club members have been stopped and threatened with jail if they didn’t submit to having
every tattoo on their bodies photographed against their consent. Unfortunately, the fact that
these attacks on civil liberties impact well established rights and fly in the face of well
established judicial precedent has not been a deterrent to law enforcement.  


Video is critical to fighting back


The video captured in San Antonio could be a critical piece of evidence demonstrating the
essential facts required to successfully defend against the infraction and maybe file for an
injunction against the practice of stopping and/or citing a person for wearing motorcycle club
colors. The facts are all contained in a short video. The individuals in the video are being cited
for Disturbing the Peace because wearing motorcycle club colors is displaying gang colors in
public. This video makes these facts irrefutable.

Independent of judicial applications, this video and incident also help establish a tangible
pattern of profiling necessary for legislative relief. Seeing is believing and nothing has worked
better than video in the MPP’s opinion.


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About the Author


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.

2 Responses to San Antonio Police Say Wearing MC Colors In Public Is A Crime

  1. Avatar William Penagos says:

    This happened to me once going thru N.C. and Found it Alarming n Strange at the same time. When the Officer told me it was illegal to wear My Cuts in Public n on the Freeway or any public Interstate. I was shocked he was even saying it. So He was starting to write a summons as he’s partner was holding his Gun to his side. I felt threatened at that Momnet n I simply asked if there was any Chance he could show me that law or rule that makes it unlawful too wear My Cuts.. Once I asked to be shown the law. He stopped writing n went back to his car n came back n gave me my license n told me to slow down and have a good day. So My only assumption was that there wasn’t a law on paper.. or Is there..??? Would love too Educate My Riders n Bikers in My Club BFFB Tennessee RecklessWillie Chapter..Prez

  2. Pingback: San Antonio Police Say Wearing MC Colors In Public Is A Crime – National Council of Motorcycle Clubs

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