News Bytes
CONGRESS MOVES TO DE-FUND MOTORCYCLE-ONLY CHECKPOINTS On November 5 , the U . S . House of Representatives approved their version of the federal Highway Bill which , like the Senate companion measure , contains provisions of importance to motorcyclists , most notably the ban on federal funding of motorcycle-only roadside checkpoints . In addition to curbing the controversial roadblocks , the House bill also authorizes a motorcycle crash prevention study ; revives the federal Motorcycle Advisory Council ; continues off-road trails funding ; and makes highway safety grants more accessible . Approved by a bipartisan vote of 363-64 , the Surface Transportation Reauthorization and Reform Act of 2015 ( HR 3763 ) provides $ 325 billion in transportation funding over the next six years , corresponding to similar legislation passed by the U . S . Senate earlier this year . Unfortunately , the House highway bill does not include similar Senatorial language that would ban the U . S . DOT from lobbying local , state and federal governments on policy issues such as mandatory helmet laws , so it is important to contact your federal representatives to adopt such a compromise when the House and Senate convene a conference committee to iron out the details .
WACO INFO One hundred seventy-seven people were arrested and held on million dollar bonds following the melee in Waco , Texas in May that left nine bikers dead and nearly twenty wounded , and on November 10th prosecutors announced 106 felony indictments charging defendants with engaging in organized criminal activity . “ The Waco Grand Jury indictments on 106 individuals for engaging in organized crime are not convictions ,” explains David “ Double D ” Devereaux of the Motorcycle Profiling Project ( www . MotorcycleProfilingProject . com ), “ The Grand Jury only determines whether the prosecutor has sufficient evidence to indict . The Grand Jury only hears from the prosecutor , no defense attorneys are allowed , and does not make a determination on guilt .” “ Double D ”, who is also a member of the National Coalition of Motorcyclists ’ Legislative Task Force ( NCOM-LTF ), says that as examining trials have made clear , the basis of the prosecutor ’ s argument in many of these case relies solely on an individual ’ s association with a motorcycle club that had members accused of committing a crime on May 17th . “ These indictments based solely on association , particularly the cases where the prosecutor admits that there is no evidence that the individual participated in any crime or violence , flies in the face of recent Federal Court precedent .” A U . S . District Court decision in Coles v . Carlini , 9 / 30 / 2015 , relying on Supreme Court precedent , concluded that the government may not impose restrictions on an individual solely because of their membership in a MC , including a 1 % club that the government labels as a gang or criminal organization . “ The criminal activity of others does not justify
denying rights and privileges solely because of association with an unpopular organization ,” according to Devereaux . “ Although I agree with many that are concerned about the seemingly broken Waco criminal justice system , recent Fed decisions seem to say that the underlying assumptions of an indictment based solely on association are unconstitutional ,” said Devereaux in a prepared document titled “ Understanding the Waco Grand Jury Indictments .” “ The decision by the Waco Grand Jury comes as no surprise to many considering the obviously over-broad arrests , excessive bail , and unsuccessful challenges to probable cause during examining trials ,” he concludes , adding that an overly-broad indictment affords the prosecution the ability to offer plea deals , shield themselves against lawsuits , and pressure defendants to testify .
IDAHO MOTORCYCLE CLUB WINS SETTLEMENT OVER CLUBHOUSE RAID Ten members of the Brother Speed MC , along with the club itself , will be splitting a $ 16,500 payment from the United States government , to settle their lawsuit over a 2013 raid on their Nampa clubhouse that yielded no charges . The club and its members sued numerous federal agents and the United States , saying their civil rights were violated when federal agents serving a search warrant broke down the door , set off flash-bang grenades , and sent dozens of heavily armed SWAT team members into the small home . The club members were detained for up to three hours while agents forcibly removed their personal property , including their clothing , and confiscated club memorabilia , according to the club ’ s attorney , Craig Durham . “ These were regular guys minding their own business that night ,” Durham told The Spokesman-Review newspaper . “ They were not a threat , and there was no call for the use of terrifying , military-style tactics to serve a simple search warrant .” The government admitted no wrongdoing but agreed to the settlement , under which the club will receive $ 4,000 , and the individual members will receive payments ranging from $ 500 to $ 2,500 . “ This was never about money ,” said chapter president Daniel Bugli . “ It was about standing up for our rights as citizens and members of this community . Law enforcement officers shouldn ’ t be able to run roughshod over people ’ s rights based on speculation and assumptions .”
BIKERS ’ LAWYER FILES CIVIL RIGHTS LAWSUIT AGAINST VEGAS POLICE A Nevada lawyer who represents motorcycle clubs has filed a federal civil rights , false arrest and negligence lawsuit against Las Vegas police after he was acquitted in March of a misdemeanor obstruction charge . Southern Nevada Confederation of Clubs ( COC ) attorney Stephen Stubbs alleges that a Las Vegas practice of harassing motorcycle club members led to his arrest in November 2013 , and that being found not guilty by a local judge showed
30 Thunder Roads Magazine ® Colorado December 2015 www . thunderroadscolorado . com