Idaho Senate Apologizes To Motorcyclists Forced To Remove Colors

By David “Double D” Devereaux

After individuals were forced to remove their motorcycle club colors before entering the Idaho Senate viewing chambers to observe a vote on a bill addressing motorcycle profiling on March 4th, ABATE of Idaho sent a letter to every legislator in Idaho requesting an end to this discriminatory practice on March 8th.

The President Pro Tempore, Senator Brent Hill, initially responded by apologizing for any inconvenience, but the policy going forward was not clearly stated in his response. So ABATE of Idaho pressed forward requesting an explicit policy. Senator Hill responded in writing that individuals wearing motorcycle club colors would not be denied access to Idaho Senate Chambers going forward.

Although S1109, which would have prohibited motorcycle profiling, failed by one vote on the floor of the Senate this year, this incident and outcome move motorcyclists one step closer to legislative protection and further reinforces the importance of fighting back.

ABATE sends cease and desist to every legislator in Idaho

ABATE responds to Senate’s ambiguous apology

(Cont.)

Idaho Senate clarifies MC colors allowed in Senate Chambers

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No MC Colors Allowed in Idaho Senate for Profiling Bill Vote

By David “Double D” Devereaux

On Monday March 4th, 2019 members of the motorcycle club community were victims of unconstitutional discrimination inside the Idaho State Capitol when they were told by Capitol Security personnel that they would have to remove their motorcycle club colors if they wanted to enter the Senate chambers to observe a floor vote on S 1109, a bill prohibiting motorcycle profiling. These individuals (one a member of the Brother Speed MC and one an associate of the Vagos MC) also participate in ABATE, the primary grassroots group lobbying for a law in Idaho, and complied in order to watch the vote. ABATE of Idaho responded by sending a cease and desist request to every legislator in Boise on Friday, March 8th, 2019.

Constitutional Issues

ABATE’s letter to Legislators reads: “Any government agent denying an individual access to Senate Chambers because they are wearing motorcycle club colors is a clear violation of speech, association and due process rights protected by the US Constitution. Motorcycle club colors are First Amendment protected expression and wearing motorcycle club colors is considered expressive conduct, particularly when that expression is political.

Bree Walker, representing ABATE of Idaho, reported to the MPP that she talked with the Capitol Security Officer that denied MC members wearing colors access on March 4th and confirmed that the Idaho Senate Sergeant at Arms; Sarah Jane McDonald, ssgt@senate.idaho.gov, (208) 332-1400, was responsible for giving the order.

Motorcycle profiling and discrimination have literally followed motorcyclists inside the Idaho State Capitol, a place where freedom of expression in a free society is supposed to be paramount, while participating in the democratic process to address issues of profiling and discrimination. Unfortunately, S 1109, a simple measure codifying Constitutional principles, fell one floor vote shy of passing.

Denying access to individuals because they are wearing motorcycle club colors exposes the government officials involved to potential civil liability under 42 USC Section 1983 for violations of the First and Fourteenth Amendments.

Cease and Desist Request

ABATE of Idaho sent a letter to all state Senators and Representatives requesting “that the Idaho Senate, House of Representatives, and all law enforcement and other personnel involved with Capitol security, take whatever action necessary to guarantee that such unconstitutional acts of discrimination targeting those wearing motorcycle club colors at the Idaho Capitol immediately ceases.”

There is nothing in the Senate Rules that would prohibit motorcycle club colors. That’s freedom of expression. Why would there be?

It appears that evidence of motorcycle profiling in Idaho can no longer be denied.

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No MC Colors Allowed in Idaho Senate for Profiling Bill Vote

By David “Double D” Devereaux

On Monday March 4th, 2019 members of the motorcycle club community were victims of unconstitutional discrimination inside the Idaho State Capitol when they were told by Capitol Security personnel that they would have to remove their motorcycle club colors if they wanted to enter the Senate chambers to observe a floor vote on S 1109, a bill prohibiting motorcycle profiling. These individuals (one a member of the Brother Speed MC and one an associate of the Vagos MC) also participate in ABATE, the primary grassroots group lobbying for a law in Idaho, and complied in order to watch the vote. ABATE of Idaho responded by sending a cease and desist request to every legislator in Boise on Friday, March 8th, 2019.

Constitutional Issues

ABATE’s letter to Legislators reads: “Any government agent denying an individual access to Senate Chambers because they are wearing motorcycle club colors is a clear violation of speech, association and due process rights protected by the US Constitution. Motorcycle club colors are First Amendment protected expression and wearing motorcycle club colors is considered expressive conduct, particularly when that expression is political.

Bree Walker, representing ABATE of Idaho, reported to the MPP that she talked with the Capitol Security Officer that denied MC members wearing colors access on March 4th and confirmed that the Idaho Senate Sergeant at Arms; Sarah Jane McDonald, ssgt@senate.idaho.gov, (208) 332-1400, was responsible for giving the order.

Motorcycle profiling and discrimination have literally followed motorcyclists inside the Idaho State Capitol, a place where freedom of expression in a free society is supposed to be paramount, while participating in the democratic process to address issues of profiling and discrimination. Unfortunately, S 1109, a simple measure codifying Constitutional principles, fell one floor vote shy of passing.

Denying access to individuals because they are wearing motorcycle club colors exposes the government officials involved to potential civil liability under 42 USC Section 1983 for violations of the First and Fourteenth Amendments.

Cease and Desist Request

ABATE of Idaho sent a letter to all state Senators and Representatives requesting “that the Idaho Senate, House of Representatives, and all law enforcement and other personnel involved with Capitol security, take whatever action necessary to guarantee that such unconstitutional acts of discrimination targeting those wearing motorcycle club colors at the Idaho Capitol immediately ceases.”

There is nothing in the Senate Rules that would prohibit motorcycle club colors. That’s freedom of expression. Why would there be?

It appears that evidence of motorcycle profiling in Idaho can no longer be denied.

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Texas Man Charged with Unlawful Carry Solely for Being a Bandido

By David “Double D” Devereaux

The MPP has heavily reported on the recent trend of individuals being arrested for possession of handguns merely for membership in a motorcycle club. This includes individuals with no criminal records and License To Carry holder’s. The MPP has even issued a travel warning to motorcyclists traveling through Texas. One such case against a member of the Bandidos Motorcycle Club (Ashley Becker) in Lubbock, TX continues with a refiling of charges for Unlawful Carry for mere membership in the club, which authorities label a criminal street gang. Law enforcement and prosecutors should dismiss all such cases in the name of justice because they rely on an unconstitutional application of statute which ignores the basic principle of personal guilt.

The Details

Texas Penal Code 46.02, the statute prohibiting gang members from carrying weapons, is being misapplied to individuals simply for being members of motorcycle clubs. Take Ashley Becker, who was originally charged with Unlawful Carry and suspicion of possessing a controlled substance in Lubbock, Texas in 2018. The weapon wasn’t illegal, and no crime was committed. He was arrested under 46.02 for being a Bandido in possession of an otherwise legal weapon. The alleged controlled substance, after being tested multiple times, turned out to be inconclusive.

While prosecutors make no admission that they misapplied statute 46.02, they filed a motion to dismiss. The motion reads, “The interest of justice cannot be served through further proceedings in this matter.”

Although the 2018 indictment was dismissed without prejudice, on February 9, 2019 charges were refilled against Becker on the Unlawful Carry charges. The affidavit identifies Becker’s membership in the Bandidos as the only probable cause for arrest.

Authorities persist despite absurd, unconstitutional interpretation of law.

Despite the fact that their interpretation of statute is unconstitutional and in violation of established state and federal rules of evidence, law enforcement and prosecutors persist in wasting public resources targeting individuals like Becker for participating in Constitutionally protected expression and association. This absurd interpretation of 46.02 would mean that carrying a weapon is unlawful for any individual that is a member of the Bandidos Motorcycle Club, with no other evidence, even with a License to Carry.

“If this seems outrageous, your instincts are correct. The MPP, after conducting cursory research on 46.02, has identified precedent, Ex Parte Flores 483 SW 3d 632 (2015), that clearly articulates how law enforcement is currently misinterpreting and misapplying Texas statute in violation of the basic rules of evidence and the US Constitution.”

“Law Enforcement and prosecutors should immediately cease and desist misapplying Texas statute. Applying Texas Penal Code 46.02 to members of clubs with no criminal records, and even LTC’s, would chill 1st Amendment Association and ignore the doctrine of personal guilt, “a cornerstone of American Jurisprudence.”

In the name of justice, prosecutors in Lubbock should again file a motion to dismiss all charges against Becker, this time with prejudice. Furthermore, prosecutors and law enforcement in El Paso, Dallas, and across the state of Texas should follow suite.

After motorcycle clubs, who’s next?

Everyone should ask themselves, “After motorcycle clubs, who’s next?” Every large identifiable group has individuals that have committed crimes. Should your civil liberties be taken based on the actions of other individuals you associate with even if you had no involvement in criminal activity?

The blatant attempt to disarm the entire community regardless of an individual’s personal involvement in criminal activity will not stop with motorcycle clubs if authorities are successful. Every American should be deeply concerned about this assault on basic civil liberties. Unpopular speech, including unpopular association, is the most important speech to protect. Or so long has held the Supreme Court.

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Texas Man Charged with Unlawful Carry Solely for Being a Bandido

By David “Double D” Devereaux

The MPP has heavily reported on the recent trend of individuals being arrested for possession of handguns merely for membership in a motorcycle club. This includes individuals with no criminal records and License To Carry holder’s. The MPP has even issued a travel warning to motorcyclists traveling through Texas. One such case against a member of the Bandidos Motorcycle Club (Ashley Becker) in Lubbock, TX continues with a refiling of charges for Unlawful Carry for mere membership in the club, which authorities label a criminal street gang. Law enforcement and prosecutors should dismiss all such cases in the name of justice because they rely on an unconstitutional application of statute which ignores the basic principle of personal guilt.

The Details

Texas Penal Code 46.02, the statute prohibiting gang members from carrying weapons, is being misapplied to individuals simply for being members of motorcycle clubs. Take Ashley Becker, who was originally charged with Unlawful Carry and suspicion of possessing a controlled substance in Lubbock, Texas in 2018. The weapon wasn’t illegal, and no crime was committed. He was arrested under 46.02 for being a Bandido in possession of an otherwise legal weapon. The alleged controlled substance, after being tested multiple times, turned out to be inconclusive.

While prosecutors make no admission that they misapplied statute 46.02, they filed a motion to dismiss. The motion reads, “The interest of justice cannot be served through further proceedings in this matter.”

Although the 2018 indictment was dismissed without prejudice, on February 9, 2019 charges were refilled against Becker on the Unlawful Carry charges. The affidavit identifies Becker’s membership in the Bandidos as the only probable cause for arrest.

Authorities persist despite absurd, unconstitutional interpretation of law.

Despite the fact that their interpretation of statute is unconstitutional and in violation of established state and federal rules of evidence, law enforcement and prosecutors persist in wasting public resources targeting individuals like Becker for participating in Constitutionally protected expression and association. This absurd interpretation of 46.02 would mean that carrying a weapon is unlawful for any individual that is a member of the Bandidos Motorcycle Club, with no other evidence, even with a License to Carry.

“If this seems outrageous, your instincts are correct. The MPP, after conducting cursory research on 46.02, has identified precedent, Ex Parte Flores 483 SW 3d 632 (2015), that clearly articulates how law enforcement is currently misinterpreting and misapplying Texas statute in violation of the basic rules of evidence and the US Constitution.”

“Law Enforcement and prosecutors should immediately cease and desist misapplying Texas statute. Applying Texas Penal Code 46.02 to members of clubs with no criminal records, and even LTC’s, would chill 1st Amendment Association and ignore the doctrine of personal guilt, “a cornerstone of American Jurisprudence.”

In the name of justice, prosecutors in Lubbock should again file a motion to dismiss all charges against Becker, this time with prejudice. Furthermore, prosecutors and law enforcement in El Paso, Dallas, and across the state of Texas should follow suite.

After motorcycle clubs, who’s next?

Everyone should ask themselves, “After motorcycle clubs, who’s next?” Every large identifiable group has individuals that have committed crimes. Should your civil liberties be taken based on the actions of other individuals you associate with even if you had no involvement in criminal activity?

The blatant attempt to disarm the entire community regardless of an individual’s personal involvement in criminal activity will not stop with motorcycle clubs if authorities are successful. Every American should be deeply concerned about this assault on basic civil liberties. Unpopular speech, including unpopular association, is the most important speech to protect. Or so long has held the Supreme Court.

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Motorcycle Profiling is Official Daytona PD Policy

By David “Double D” Devereaux

Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims.

Chief Capri’s Statement Proves Unconstitutional Practices Are Policy

Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution.

Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015)

Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid.

Exposure To Civil Liability

Motorcycle profiling as a matter of policy implicates the entire Daytona PD at an organizational level. Independent of individual officers and incidents, each profiling stop exposes the Daytona PD as an entity to civil liability. Chief Capri is the highest authority at the Daytona PD and clearly articulates a policy of discrimination and Selective Enforcement. 42 U.S.C. Section 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

An Epidemic In Florida

The National Motorcycle Profiling Survey validates the Florida’s profiling epidemic. The 2018 NMPS lists Florida as one of the top motorcycle profiling concerns in America. According to the 2018 NMPS, 65% of Florida survey participants reported being the victims of motorcycle profiling at least once since 2012. These survey statistics are 99% reliable with less than a 2% margin of error. (See NMPS Executive Summary 2018).

Despite promises, Daytona PD has failed to address motorcycle profiling

There is a long history and pattern of evidence establishing that motorcycle profiling is engrained in the Daytona Beach PD. And the Daytona PD has made empty promises when caught with their hands in the cookie jar.

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, the National Council of Clubs, and the Motorcycle Profiling Project to immediately respond with a formal complaint and public record requests. These inquiries, based on the video, sparked an investigation into the actions of the officers involved and a review of Daytona PD policies regarding motorcycle clubs, said a source inside of Chief Craig Capri’s office. As a result of the State Attorney’s inquiry, a curriculum was supposed to be constructed and all Daytona PD officers were to be re- trained relating to motorcycle profiling.

Unfortunately, almost 2 years later, motorcycle profiling is alive and well in Daytona Beach. As articulated, motorcycle profiling is still official policy.

A Legislative Solution

Motorcycle profiling is a legitimate national policy discussion. In December, the US Senate unanimously approved S.Res.154 which directs all states to follow the lead of Washington State and Maryland by legislatively addressing and condemning the practice of motorcycle profiling. A prohibition combined with injunctive and actual relief for victims is a simple solution with no fiscal impact. A legislative prohibition would immediately increase exposure to the issue therefore reducing incidents of profiling.

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Judge Carter Says Government Can’t Seize Mongols MC Patch

By David “Double D” Devereaux

The federal government will not be seizing the Mongols Motorcycle Club’s collective membership marks anytime soon. Judge David Carter issued a short and direct decision today (February 28, 2019) during phase 3 of the US v. Mongols Nation trial in the Federal District Court of Southern California concluding, “The First and Eighth Amendments to the US Constitution prohibit the Government’s request to forfeit the rights associated with the collective symbols. Accordingly, the Court DENIES the requested forfeiture of collective membership marks.”

Although this is a major victory, it is likely not over yet. Using the past as an indicator, the MPP believes that the government will likely appeal Judge Carter’s decision. But this decision gives hope that the constitutional principles at stake will continue to prevail against overzealous prosecutions.

The Particulars

Judge Carter denied the government’s request for the Mongols Nation to forfeit rights associated with the Mongols collective membership marks, including their name and center- patch. This means Judge Carter has set aside the jury’s grant of forfeiture in phase 2 of the trial based on the First and Eighth Amendments.

However, Carter tentatively granted the requested forfeiture of weapons, ammunition, body armor, and specific property seized during the ATF raids pending the filing of an amended request consistent with this order.

Finally, Carter denied the Mongols Nation’s motion for acquittal and motion for a new trial. This means that the jury’s Guilty verdict in phase 1 of the trial (guilt phase) stands. The Mongols Nation as an entity, defined as all patched members of the Mongols Motorcycle Club, has been found guilty under the RICO statute.

Carter then set the Sentencing Hearing for April 24, 2019 at 1:30pm.

Save The Patch- What happens next?

The MPP believes the government will likely appeal Carter’s denial of forfeiture. And if history repeats itself, the ACLU will also step up as they did in Rivera v. Ronnie A. Carter, Acting Director, ATF; et al. Rivera was an un-indicted member of the Mongols MC that filed a lawsuit fighting the government’s previous patch seizure attempt.

Why does the MPP believe that the ACLU will step up? Because they already have by filing an Amicus brief (requested comment by friends of the court) in support of the Mongols preceding phase 3 of the trial, authored by David Loy, Legal Director for the ACLU of San Diego, who also represented Rivera. Loy successfully recovered attorney fees following the decision.

The ACLU specializes in First Amendment law and Loy has repeatedly demonstrated prowess with the Mongols struggle to defend their right to express and associate. Their attention to this case bodes well for motorcycle clubs and civil liberties in general.

#SaveThePatch

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Only the Judge Can Save Mongols MC Patch

By David “Double D” Devereaux

The same jury that found the Mongols Nation Guilty of racketeering and conspiracy in the federal RICO case US v. Mongols Nation has also decided that the club should forfeit their patch because there was a nexus between the Mongols MC’s collective membership marks and conspiracy. However, Judge Carter has not issued a forfeiture order until objections based on the First Amendment are decided at the end of February. Even then, this case is a very long way from its final conclusion.

What’s happened so far.

The Mongols Nation, defined as all full patched members of the Mongols Motorcycle Club, was convicted as an entity last month in US v. Mongols Nation on 2 counts under the Racketeering In Corrupt Organizations Act (RICO) for racketeering and conspiracy to engage in racketeering.

On January 11, 2018, the same jury found a sufficient nexus between the Mongols membership marks (word mark, center patch mark, collective membership marks) and the RICO conspiracy count to justify forfeiture of the membership marks in the second phase of the trial.

On February 28, 2019 the third and final phase of the trial will resume. Judge Carter made it clear that the trial’s third phase will determine whether the First Amendment overrides the jury’s grant of forfeiture. If Carter agrees with the Federal Government, then the Mongols center-patch, name, and other assets connected to the RICO conspiracy count will be subject to forfeiture. If Carter agrees with the Mongols MC, then the First Amendment will override the jury.

Appeal very likely

Regardless of who wins, the losing party will likely appeal any decisions related to forfeiture of the Mongols membership mark to the 9th Circuit Court of Appeals. If the government wins, similar to what occurred in 2008, then the Mongols MC may have their patches and related property seized in the interim, until and only if they win an appeal.

Any decision in the 9th Circuit Court of Appeals sets precedent for the Western US. Any decision from the 9th Circuit will also likely be appealed to the Supreme Court. If the SCOTUS agrees to review the case the outcome would set precedent for the entire country.

Conclusions

Although it is impossible to determine with certainty what Judge Carter will decide, the MPP is extremely optimistic that the First Amendment liberties of expression and association will reinforce the foundational concept of personal guilt and override a jury of lay citizens that are simply unprepared to engage in complex constitutional analysis.

For the sake of the motorcycle club community and the First Amendment, let us hope the MPP is correct. The very identity of a motorcycle club is the patch that they wear.

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Every Mongols MC Member Found Guilty in Patch Seizure RICO Case

By David “Double D” Devereaux

For the first time in history, in its latest bid to seize the Mongols Motorcycle Club’s logos and collective membership marks, the federal government has successfully indicted every single full-patched member of a motorcycle club on felony RICO racketeering and conspiracy charges regardless of personal guilt.

So, what happens next? What does this verdict mean for the Mongols MC, other motorcycle clubs in America, and the First Amendment to the US Constitution? There are definitely more questions than answers. But one thing is certain. The fight to Save The Patch is far from over. Now, more than ever, motorcycle clubs have a critical issue to mobilize around in order to preserve and insure the survival of a lifestyle and a culture.

Mongols Nation found guilty.

On December 13th, 2018, the Mongols Nation, defined as all full-patched members of the Mongols Motorcycle Club, was found guilty by a federal district court jury in Southern California under the federal RICO Act of racketeering and conspiring to engage in racketeering, for conducting and participating in the criminal enterprise called the Mongols Gang. The Mongols Gang is defined by the federal government as all patched members, prospects, and associates of the club. The federal government argued that, since 2002, the Mongols Gang has committed crimes ranging from drug dealing to murder at the direction and benefit of the Mongols Nation.

No one goes to jail?

Despite a verdict of guilt, no one will be incarcerated as a result. The crimes cited are historical and, in many cases, resolved. The goal here is different. The government maintains that the club’s insignia and patches are an element of the criminal enterprise and a tool of intimidation. If the government gets its way during the sentencing phase, prosecutors argue they will literally be able to take the colors off a Mongol’s back.

The implications for the motorcycle club community at large are obvious. The federal government’s forfeiture strategy could ultimately be applied to other clubs in an attempt to crush the symbolism that defines association in motorcycle clubs. And completely independent of forfeiture, the idea that an entire motorcycle club can be defined as a criminal enterprise regardless of personal guilt also lays the foundation for other severe sentencing options such as excessive fines and asset forfeiture.

Personal guilt and the 1st Amendment.

Beyond immediate impacts to the Mongols MC, the US Attorney’s theory of prosecution compromises important judicial principles such as the doctrine of personal guilt, guilt by association, and the fundamental concepts of First Amendment Association and Expression. Indeed, the prosecution’s theory obliterates long-standing constitutional principles.

To permit the government to impose restrictions on any person “who wears the insignia of [the Mongols], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence.” 1

Unanswered Questions.

Independent of collective membership mark issues, and even though no one is going to jail as a result this verdict, what are the potential implications of the Mongols Nation- meaning every member of the Mongols MC- being found guilty of two felony RICO counts? No individual person is specifically named in the indictment. But every member they want to seize property from must be an indicted individual in order to avoid the same judgement that gave the Mongols back their property initially.

Does this mean that every member of the club now has a felony record? Does this mean that members can be denied rights like voting and legal possession of a firearm? Does this mean that the Mongols MC has no 1st Amendment right to associate with one another because all patched members, the Mongols Nation, have been found to all be engaged in a criminal enterprise?

These questions, at least to the MPP, remain unanswered. So much focus has, understandably, been placed on the patch forfeiture issue that many of these questions haven’t yet been considered by those discussing and writing about this case.

The potential impacts are vast. Australia has no 1st Amendment so banning motorcycle club associations does not face the same obstacles as in America. The prosecution’s strategy in this case is, the MPP believes, the government’s most recent blueprint for circumventing the 1st Amendment and crushing motorcycle clubs in America.

What happens now?

The US v. Mongols Nation Trial, despite a guilty verdict, is still a long way from being over. After the first of the year, the jury will reconvene, enter the sentencing phase, and decide whether they agree with the government’s forfeiture requests. And even if the jury grants forfeiture, Judge Carter must then adjudicate the extensive legal and constitutional objections to forfeiture.

Fortunately, even if unsuccessful in every phase of this federal district court trial, the Mongols MC can appeal the decision as they previously did when they lost their patch in district court before overturned on appeal. Unfortunately, there is no guarantee what will happen in the interim if the Mongols marks are seized. If history repeats itself, the Mongols MC will be targeted, harassed, and have property and colors seized by authorities.

Make no mistake. This is NOT just about the Mongols MC. In a very real way, the motorcycle club lifestyle is under heavy attack and survival is not assured. This verdict demonstrates that reality. So, the community must not only continue to fight the good fight- the community must win.

Citations

1see Coles v. Carlini 162 F.Supp.3d 380 (2015)

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