Press Releases, News & Notes
December, 1997

BIKERS WIN LEGAL CHALLENGES OVER "CLUB COLORS"

CONFEDERATIONS OF CLUBS, November 18, 1997 - Two recent legal actions have favored the right of motorcycle clubs to wear "colors," as guaranteed under the U S Constitution First Amendment freedom of speech protections.

In early August, the County of Santa Barbara and the Santa Barbara County Sheriffs Department agreed to settle a lawsuit brought by the Bravados Motorcycle Club. based upon actions by about a dozen Sheriffs deputies to refuse club members entry into the Santa Barbara County Fair on April 29, 1995, because they found their club"colors," or back patch, to be "gang attire."

Police Officers offered to let the Bravados enter without their vests, but the club decided instead to file suit against the county and the Sheriffs Department. "It is our right to wear our vests," said David Cordero, treasurer for the club that has been in Santa Barbara for more than 30 years. "We are proud to be Bravados." The club members claimed their First Amendment rights were violated by a dress code that discriminated against their style of clothing.

The lawsuit was pursued by the Southern California Confederation of Clubs, of which the Bravados MC is a member club, and the Sheriffs Department and county eventually agreed to settle for $10,000 in damages and about $15,000 in legal fees. In addition, the Bravados also won the right to attend the fair in full club regalia.

"This was a great victory for the Bravados MC and the Confederation of Clubs," said Richard M. Lester, founder of Aid to Injured Motorcyclists and legal counsel for all Confederations of Clubs throughout North America. "It validates our position that bikers should not be discriminated against based solely on their style of dress or mode of transportation."

In another matter, in late July the Free Souls Motorcycle Club reached a settlement agreement with the Sheriffs Department of Clark County, Washington, and two of their deputies who had allegedly informed various bar owners within their jurisdiction that they would not respond to "911", emergency calls if the proprietors chose to allow patch holders in their establishments. The owner of Omar's Steakhouse and Lounge in Vancouver agreed to testify, and the Confederation of Clubs Washington pursued the lawsuit on behalf of the Free Souls.

In exchange for dismissing the lawsuit, the Sheriff and his deputies agreed to a number of stipulations, including paying $20,000 to the Free Souls MC for legal expenses; not to campaign for other barn and taverns to adopt "no colors" policies; to develop a written protocol for deputies to use when discussing perceived problems regarding wearing of "club colors" with owners of such establishments; and to basically avoid conflict and confrontation with the Free Souls MC and to cooperate with the club in the resolution of any future concerns.

Both of these cases should send a strong message to state and local law enforcement that motorcyclists are tired of lying down and taking it, and through the various Confederations of Clubs are standing up for their legal rights! With 25 Confederations in 20 states and 1 Canadian province, this is the fastest growing segment of the motorcyclists' rights community. See you in court.