Published on October 2nd, 2015 | by David "Double D" Devereaux

The TRUTH About Outlaw Motorcycle Clubs

The truth. The truth about outlaw motorcycle clubs. Not the version you see on TV. It’s not Sons of Absurdity or Gangland. It’s not rape, pillage, and organized crime. But it’s not the church choir or the Boy Scouts either. The truth is that self-identified outlaw motorcycle clubs are rebellious, anti-establishment, and very critical of law enforcement and government abuses of discretion.

Motorcycle clubs are also genuinely dedicated to charity and fundraising for bikers in need. The entire culture is based on the concepts of loyalty, honor, and respect. But make no mistake. Do not take kindness for weakness. Verbal disrespect will not get you shot, stabbed, or killed. That would require a physical threat to person or loved one and most likely in self defense. However, getting smacked for running your mouth is not outside the realm of possibility.

Motorcycle club culture has been heavily influenced by veterans returning from war. World War II veterans first. Then the explosion of clubs following Vietnam solidified outlaw motorcycle club’s as part of American culture. Rebellious and looking for acceptance not given by a post-Vietnam America, veterans formed motorcycle clubs that created an environment of brotherhood and support outside of mainstream society. Clubs embraced the outlaw mythology and the role of anti-establishment rebels.

Equating the term “outlaw” with “criminal” is purely a law enforcement conception embraced by a sensationalized media. Reality does not justify the claim. Sure there are criminals and felons in some motorcycle clubs. But no more so than law enforcement or most other large communities.

In fact, more police officers are charged and convicted of felonies every year than members of outlaw motorcycle clubs. And members of outlaw motorcycle clubs have been heavily involved in the grassroots rights movement concerning civil liberties ranging from helmet choice to profiling.

The courts, at least many outside of Texas, do not agree with law enforcement. Attempts to equate membership with criminality or reasonable suspicion of criminality have been rejected. Motorcycle clubs and their colors, including 1% or outlaw clubs, are forms of expression and association that are explicitly protected by the 1st Amendment to the U.S. Constitution. (see How Waco Is Being Used To Decimate The 1st Amendment JUNE 26, 2015 )

Many state legislators do not agree with law enforcement. The movement to end motorcycle profiling has been gaining momentum and is law in Washington State. Anti-Profiling legislation unanimously passed the Maryland Senate in 2015. Nearly 20 states have passed laws or judicially determined that motorcycle only checkpoints amount to illegal campaigns of selective enforcement. Legislators are beginning to see through the propaganda and place checks on law enforcement policies driven by discrimination. (see About The Motorcycle Profiling Project)

The reason the courts and many legislators disagree with law enforcement relates to the idea of freedom of expression in a free society. Individuals should be judged by their own actions, not the actions of others merely based on an association with that person. Individuals should not be targeted merely because of their appearance or membership in any organization. Remember McCarthyism? No individual should be the target of law enforcement actions absent particularized reasonable suspicion or probable cause based on behavior, not appearance.

And who objects to every single one of these protections for motorcyclists? The law enforcement lobby does. Every single time. Law enforcement is programmed to reject every criticism of law enforcement policy and procedure. Authorities have fully embraced a skewed narrative defining motorcycle clubs as criminal. But the legislative and judicial branches have thus far rejected these broad assessments of an entire class of people.

Outlaw motorcycle clubs are no more criminals than other historical groups fighting government discrimination and policies of oppression. Patriots were considered outlaws. Many civil rights groups in the past were considered outlaws. Many current civil rights groups are considered outlaws. Peacefully demonstrating environmentalists are considered outlaws. Many have described Jesus as an outlaw. Ghandi was an outlaw.

I am NOT saying that bikers rise to the historical level of importance of any of these examples. I am saying that the outlaw label has historically been applied to, and embraced by, many people fighting against discrimination and law enforcement abuse.

Any socially or politically active group opposed to law enforcement policies becomes a target. Oppositional groups are labeled criminals in an attempt to discredit and dismantle them while the general public does nothing. This is their job. The job of maintaining the status quo and enforcing the policies of government.

Loyalty, honor, respect. A love for riding motorcycles. A passion for a free society where you are judged by your actions, not your appearance. The desire to be left alone and not be harassed. This includes the self-respect to stand your ground and not allow anyone to abuse or disrespect your person. True, most people in mainstream society will tolerate more from others. But no one cares more about the concepts of freedom and honor than an outlaw biker.

That’s the truth.




About the Author

David "Double D" Devereaux is the Spokesperson for the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.

Published on November 11th, 2015 | by David "Double D" Devereaux

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Understanding The Waco Grand Jury Indictments- Does The 1st Amendment Exist in Texas?

The Waco Grand Jury indictments on 106 individuals for engaging in organized crime are not convictions. 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. As examining trials 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 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.  Those associated with motorcycle clubs are protected against government impositions based solely on membership in an organization that the government has labeled a gang or criminal organization.

Although the Grand Jury is not open to the public, or even to defense attorneys, past examining trials challenging the probable cause of the initial arrests reveal that mere association with a club labeled a criminal organization has been the basis of the prosecution’s theory for many of the accused. It is very reasonable to assume that many of the 106 indictments handed down by the Waco Grand Jury are based on nothing more than association.

The ability to challenge the prosecution’s theory should become more balanced during an actual criminal trial because the standard of proof is much higher. Although I agree with many that are concerned about the seemingly broken Waco criminal justice system, recent Federal decisions seem to say that the underlying assumptions of an indictment based solely on association are unconstitutional.

A US District Court this past September, relying on Supreme Court precedent, concluded that the government may not impose restrictions on an individual solely because of their membership in a motorcycle club, 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.

COLES v. CARLINI, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, Civil No. 10-6132 OPINION, 9/30/2015, p.28:

“Defendants have pointed to no evidence that by merely wearing Pagan’s “colors,” Plaintiff was involved in or associated with the alleged violent or criminal activity of other Pagan’s members. It is a fundamental principle that the government may not impose restrictions on an individual “merely because an individual belong[s] to a group, some members of which committed acts of violence.” In fact, the Supreme Court has long “disapproved governmental action . . . denying rights and privileges solely because of a citizen’s association with an unpopular organization.”  – Healy v. James, 408 U.S. 169, 185-86 (1972).

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. And it will not be a surprise if the Grand Jury hands down indictments on the remaining individuals whose cases have not been presented for indictment.

It seems obvious to most that an overly-broad indictment affords the prosecution the ability to offer plea agreements to individuals that committed no actual crime. This achieves two goals of the prosecution. First, plea deals shield future lawsuits over due process and issues like probable cause. Second, mass indictments increase the probability that pressure will result in individuals providing witness testimony to help convict others.

For example, Alex Hernandez who writes the mcatty.com blog states:

“From here, as I have mentioned many times before, the game of law begins. With the indictments returned for engaging in organized crime with underlying offenses of murder and assault, this is no different than buying a car. Start high and work your way down. Think about it: you are facing organized crime charges, your attorney is asking you for money you do not have, and there is a good chance you will spend the rest of your life in prison if you lose at trial. As plea negotiations take place and 90% of cases are worked out with a plea, the State Attorney’s Office makes you an offer for a lesser offense. Maybe credit for time served or extended probation. What do you do? Chances are you take the plea and try somehow, to move on with your life. Of course, once you take the plea, there goes the civil rights violation lawsuit and the city of Waco lives to see another day.”

As much of the motorcycling community across America watches events in Waco unfold, we can only hope that the criminal justice system in Waco begins to recognize the existence of the 1st Amendment to the US Constitution and that innocent individuals are able to persevere and preserve their ability to seek civil lawsuits for the obviously unconstitutional actions of law enforcement in Waco.

About the Author

David "Double D" Devereaux is the Spokesperson for the Washington State Confederation of Clubs and US Defenders, The Motorcycle Profiling Project, and also works with the Confederation of Clubs and US Defenders at the national level.