Arizona Profiling Bill

March 4, 2013

All Posts, News

An Arizona bill intended to reduce police harassment of bikers died last week. The bill was SB 1086 sponsored by State Senator Judy Burges. It was voted out of the Senate Public Safety Committee last month but failed in the Arizona Senate Committee of the Whole.

The bill would have required that police officers in training be instructed that “the sole fact that a person rides a motorcycle or wears motorcycle-related paraphernalia” does not amount to a reasonable suspicion or probable cause that riders are criminals.

The Arizona Confederation of Clubs and numerous members of the Confederation had lobbied on behalf of the bill. Dozens of bikers packed last month’s hearing and told the politicians about being stopped and held at gun point for up to an hour while cops tried to find an excuse to arrest them and tow their bikes.

The Problem

Among the most widely quoted speaker was Jess “Slick Rick” Rodriguez of the ALMA Motorcycle Club. “If they (the police) see a patch, and you’re riding down the road, they pull you over for any kind of reason with no probable cause whatsoever,” Rodríguez said. “It’s very demeaning at times. Women are frisked for no reason. You’re detained in 115 degree weather for an hour and then let go and not even given a reason why you were pulled over. It’s not illegal to be an Elk. It’s not illegal to be an Eagle. It’s not illegal to be a Shriner, a Knight of Columbus. We wear collective marks. We ride motorcycles. That’s what we like to do. I understand the average Joe citizen doesn’t feel our plight. But when they get done with bikers who are they going to pick on next?”

Police bullying of motorcyclists in general and motorcycle club members in particular is an escalating problem in the United States. Two major civil rights suits in New Jersey and Nevada have been filed in federal court to combat the problem. The Nevada suit was brought by the Southern Nevada Confederation of Clubs and numerous individual complainants. The New Jersey suit was filed by members of the Pagans and Tribe Motorcycle Clubs.

Arizona, which is broke but keeps throwing millions of tax dollars at an imaginary biker menace, seems to be begging for a similar lawsuit.

The Usual Suspects

The bill was defeated by a caucus of twelve Democratic Pol Pots and two Republican wing nuts – Senator Steve Yarbrough and Senator Rich Crandall. The opponents were all tools of the police lobby which had opposed the bill. The roll call was tied 14-14. The bill needed a majority to move on.

Yarbrough called the SB 1086 an attempt “micromanage the syllabus for the police academy…. How about persons who wear military uniforms? Certainly they ought to be protected as a class. What about young people, or what about little old ladies with gray hair? All of those might be worthy of being a protected class so they’re not profiled by the police.”

Gallardo singled out the Hells Angels as one reason why police must defend Arizona from the Bill of Rights. “That one percent patch symbolizes that these are folks who live outside the law,” Gallardo theorized. “So if you don’t want to be profiled, stop wearing those patches.”

The Ninth Circuit Court of Appeals, which has jurisdiction over Nevada, ruled in a case titled Sammartano v. First Judicial District Court in and for the County of Carson City, that motorcycle club patches and similar adornments are constitutionally protected speech.



30 Responses to “Arizona Profiling Bill”

  1. Rebel Says:

    Dear Slick Rick,

    Yeah, I wrote about this a little bit a couple of months ago. I still don’t know when I am going to be in Phoenix, by the way. I’m going to try to figure that out today.


  2. Ol'LadyRider Says:

    Dear Slick Rick:

    It’s rampant. I was under investigation for a year because of my “associations.” It was just one of myriad reasons I left my job (only four years before retirement). I could teach classes on the frightening number of ways the “good guys” AREN’T.

  3. WARTHOG Says:

    @John Dreyfus,

    I guess I should have extended my comment and not just left it at the song. I’m all about the legalization of marijuana ( and all drugs for that matter). I am not against guns and think we should even be able to have fully automatic weapons. What I am against is the federal government getting its nose into states rights, which is what the song is about. The words expressly say that Arizona is being attacked from within and by the federal government. And for what it’s worth, I am a veteran. (I was stationed in Yuma for a while, too.) I fail to see how wanting a secure border to keep illegals out is being racist, though.




  4. John Dreyfus Says:

    This is the kind of crap that drives a wedge between the people of our state. The truth of Arizona is much greater than the propaganda that is passed off as news. When you put up pictures of drugs, you neglect to mention that the reason they are being brought in is because of the massive demand our citizens create. The guns in the picture are all made here and smuggled out of the country. The money being made is laundered through our biggest banks with no danger of prosecution. The biggest danger our citizens face is not from immigrants crossing our border, it is from the indifference our neighbors show in the pursuit of their own pleasures at the expense of our nation. If marijuana was legal it would cost about a dollar a pound to grow and the cartels would lose nearly 50% of their income. Our economy is in crisis because we choose to shop at Walmart to save a few nickels while we create a class of workers who depend on assistance to survive while working full time. We buy crap from Japan to save a buck while forgetting that they attacked our nation. Our last President dodged service in Vietnam then went to make a deal to ship American jobs there in 2006. We followed a pack of liars into the most expensive war in our history that benefitted only the corporations who our politicians had investments in. Our gun laws make it perfectly legal to go into a gun store and buy a truckload of semi-automatic rifles and pistols and sell them in the parking lot to foreign nationals for a hefty profit without even a record of the sale. The United States is under attack but it is from within not without. Please do not use the memory of our fallen heroes to expound your racist bullshit.

  5. WARTHOG Says:

    A fitting song:

    God Save Arizona




  6. Slick Rick Says:

    @Red&Gold…….it does take commited guys like Double D, Twitch and my brother John Dreyfus to hammer this stuff home. But it also takes guys like you and myself doing the “little things and events” to make our voice be heard. We need more support for the “little things” and not just in Arizona, but across the country. Thanks for doing your part.

    Slick Rick

  7. Red&Gold Says:

    @ John Dreyfus, Hollywood,Slick Rick etal..,Yes.. Those would be the ones to speak with…I saw one of them today and talked for a while…I was on the outer edges of the Washington state anti-motorcycle profiling effort, Involved with this little thing or that little event, but those two guys ( and some others as well)literally made history…

  8. Nihilist Says:

    J. Dreyfus, I would like to thank you for your valuable perspective on this matter. I hung out in the AZ/So.Cal. bike & club scene in the mid-late 90s & I saw some rapidly changing developments then. I used to go to Prescott just for the fun & relaxation, then I went back in ’02 for a honeymoon, and couldn’t believe the way it had changed.

    It seemed the Confederations of Clubs that grew out of so much turmoil and common enemies seemed to be a good thing. It appears that the man, too, has found ways to put forth representations of solidarity among the arms of its predatory LE agencies, to the extent that a small, otherwise local issue (or non-issue) now has a federal, national security threat affixed to it. Compounded by the fact that they all believe that life is imitating art, the blasphemous medium known as television (why do you think they call it programming?), the sky is the limit for the imaginations of the lowest traffic cop who is now literally and judicially equipped with the highest authority to bring your ass down. One would think that the travesties that are being perpetrated across the country in NJ, NV, AZ, CA, WY, et al. should be a wake-up call to the masses, but it isn’t happening. I’m pretty sure the Senators/legislators you’re appealing to think they already know a lot about biking/clubs because they’ve seen all the pertinent episodes. And when prosecutors cite this drivel in their testimony, it only cements the fact that they don’t have to do any real thinking, it’s already been done for them.

    Case in point your reply to Geroge Jungle. I believe you were spot on. I don’t think anything he wrote could not have been culled from some TV show. I have seen some Gangland episodes, and had to roll my eyes at the over-the-top presentations, re-enactments, half-truths, etc. I haven’t watched TV in years, no dish, cable, etc. so I’m proud to say I’ve never seen SOA or Laffing Dildoes. I don’t think I need to waste one minute on that crap to know that it is crap. Anyone who says “but it’s entertaining, I know it’s not real” is seriously and dangerously buying into the very idea of control and truth manipulation. You’ve already drunk the kool-aid. It needs to be rejected at every level, and that begins with not watching it.

    Again, thank you for keeping up the fight; perhaps I’ll find a way to put my own muscle to the cause. As for everyone else–unplug your televisions, pay attention to what the gov is trying to do, read some books (Rebel’s are good), and choose your battles wisely before they are chosen for you, because the time may soon come when it’s too late, and you’ll realize they weren’t even yours to begin with, they’ll just be yours to win. which you won’t…

  9. Hollywood Says:

    I saw Double D and Twitch from the Outsiders MC speak about motorcycle profiling at NCOM in NM a couple of years ago and then again at the 4 Corners Rally last year. From what they had to say it took Washington several attempts to get their motorcycle profiling bill passed and each time they learned new tactics. One of the things they told us that helped successfully pass their profiling bill was their use of public disclosure requests to obtain police reports, dash cam videos and audio recordings of the cops radio transmissions and use all of this to evidence the profiling that was occurring. They then used this evidence to create a series of YouTube videos and a documentary designed to tell their story and gain public awareness of the issues. Here is one of Twitch’s videos:

    Keep up the good fight Arizona!!

  10. John Dreyfus Says:

    @Red&Gold …. I have been in contact with Double D from Outsiders MC. We spoke on the phone, emailed, and he watched the committee hearing live. He had some good tips, and even wrote a letter to the senators. I gave them the letter but still they voted it down. There is more behind the scenes. There is a situation with a congresswoman who I supported and the leader of the Democratic Caucus. There is also the issue of some MMA members fighting with some anti SB 1070 protesters in 2010 that was misrepresented by a local webcaster who styles himself as a Latino freedom fighter. I will be in Reno in May. The convulsions in our state have left many looking for direction in the battle for equal rights. I believe we need to develop a better understanding of how our government works in the MC community, and a better understand of the mc life by our legislators.

  11. Slick Rick Says:

    @stroker…..yeah we call em “pop up” clubs also. They are the same wherever you’re at I guess. They are gone just as fast as they came. Ride safe.

    @Red&Gold……not trying to answer for my brother John but we did talk directly with the club members from Washington State that were deeply involved with that legislation at NCOM meeting here in Tempe, AZ this past November. Also met some of your brothers from Utah and Nevada. Cool cats…..all of them. I look forward to the next NCOM in Reno this May. Good stuff.
    You ride safe too.

    Slick Rick

  12. Red&Gold Says:

    @john dreyfus…

    Have you spoke with those who in Washington state who accomplished that which you seek to accomplish in Arizona? Different states and all understood, but they might still have some good input for you.

  13. stroker Says:


    re “fly-by-night” clubs:

    here in Califas we call ’em “pop-up” clubs,
    and yeah, most of them are gone within a year
    by there own hand.

  14. John Dreyfus Says:

    George Jungle, all I can say about your post is “watch out for that tree”. You obviously have no idea what the club scene is about in Arizona. It is also obvious that you get your information from History Channel “documentaries”. I personally know many Hells Angels and am proud to call them friends. I am a member of ALMA MC, and we are affiliated with the Arizona Confederation of Motorcycle Clubs. Our COC has a large number of member and associate clubs. We all support each other. The fact that we are all bikers excludes us from much of the general public. We are a community large enough to to be a small city here. The fact that we all get along so well is a tribute to our confederation. When Dead In 5 Heartbeats comes out in April, you should see it. It shows how our clubs came together with Sonny Barger in a project that created even more unity between our clubs. Your fantastical imagery of biker lifestyle is the stuff of LE justification for their oppression of bikers. Come to Phoenix and ride a mile on my tires, your mind will change so fast your head will spin off.

  15. John Dreyfus Says:

    I am the designated lobbyist for the Arizona Confederation of Motorcycle Clubs. I was deeply involved in the movement of SB 1086. One big problem the Democrats had was that in the wake of SB 1070 which basically legalizes the profiling of Latinos in Arizona, we stepped up to demand our rights under the U.S. Constitution. Yarbrough and Crandall are both former prosecutors, niether would ever support this type of bill. I spoke at length with the director of Arizona Peace Officer Standards and Training, AZPOST. Before the committee hearing he made some incredible statements, one was that if you wear a patch you are committing a crime, have just committed one, or are about commit one in the near future and police need to document your movements and activities to investigate the crimes you are involved in. After the hearing, we were instructed to try to find some common ground with AZPOST to make the bill less objectionable to them. After ninety minutes of discussion it became clear that nothing would make the law palatable to them.
    One of the people I put up to testify at the hearing was a patch holder who I have known for two years, his story incredible. He had not been pulled over yet an officer aimed an M-4 at his head for fifteen minutes to check his ID. Senator Gallardo watched the testimony yet instead of hearing the tale, he saw the SS bolts on the cut. I spoke at length with Gallardo, who is Latino, about the symbolism and my friendship with the speaker. His only response was that I should have found a better representative of our community. I told him that I doubted a better one than my friend existed.
    This is not over by a long shot. I have been busy contacting those who voted no trying to get one of them to reconsider their vote which would bring the bill back. I have also been trying to find a “strike-all” bill which is another way to resurrect a dead bill in the Arizona Legislature. Our lawmakers are famous for last minute bill switches and as we say “nothing is dead until sine die”.
    Failing reconsideration we are starting a campaign of getting to know our senators and representatives. One idea is to have events in their neighborhoods so that they can observe us not being criminals.
    One thing for sure, I don’t ever give up. We have tried to pass this legislation for three years now, this is the farthest we have gotten yet. We as a community are not going away, niether is our desire for equal treatment under the law. Law enforcement has lied to our senators, they are permitted by Supreme Court decisions to lie in the course of investigations. We have to show our legislature that they are lying about us.

  16. Slick Rick Says:

    @George Jungle…..I’ve mulled it over whether to even acknowledge you. No one else seems to care about the stuff you spewed on this thread. It’s been gnawing at me though. So here it is.

    Here in Arizona no club is “requiring” any club to “seek permission” to wear a patch or “go to their events and smooze with them”. Those things are done out of respect for those established clubs that have done it the right way. It’s very simple. To get respect you have to give respect. Nor are any clubs being asked to “be a support club” or “be at their beck and call”. As far as being “beat up” or “ran off the road”! You’re watching too much SOA. This is Arizona, bikers get run off the road everyday here, we don’t need any club differences to have that happen.

    The Arizona Confederation of Motorcycle Clubs is a body that was formed among other reasons to permit those interested in “doing it right” to have a forum to make themselves known to the established clubs. We get fly by night clubs at every meeting and they stand and present their proposed colors/patches to the clubs present. I say “fly by night” because chances are they won’t even be around for 6 months. Probably 95% of clubs that come to present themselves won’t be around for a year. No club is trying to shut down another. They usually weed themselves out. These are usually the RUB’s that get 6 guys together and think it would be cool to sew on a patch and ride their $40k+ bikes to breakfast on the weekends. They soon realize the lifestyle is not for them and they’re done.

    I do agree with you about unity. All the clubs and even independent riders to an extent have the same problem of being viewed as a nonconformist type of organization or society. There are some big clubs here in Arizona that co-exist and usually things are ok. I’m not saying that we should all break bread together and sit around singing Kumbaya but if we were able to come together for the benefit of our “United Voice” maybe we could get Joe Public to recognize that we as a whole are probably the most patriotic subculture that exists in this great country of ours.

    To ALL:
    The profiling bill that was stalled last week is all about the training being given to LEO here in Arizona. This is what we are fighting against.

    The following is from page 14 of the AZPOST Training Manual:

    A. Motorcycle. P.O. 5.8.3A
    B. Street (ethnic). P.O. 5.8.3B
    C. Prison. P.O. 5.8.3C
    D. Hate groups. P.O. 5.8.3D
    E. Cults. P.O. 5.8.3E
    GANG IDENTIFICATION methods P.O. 5.8.7
    Gang members take pride in having various items that show their
    allegiance or membership with their particular gang. These items can
    help officers identify gang affiliation.
    A. Tattoos. P.O. 5.8.7A
    B. Attire and accessories. P.O. 5.8.7B
    C. Monikers. P.O. 5.8.7C
    D. Hand signals (throwing a sign). P.O. 5.8.7D
    E. Choice of music. P.O. 5.8.7E
    A. Motorcycle – prostitution, drug trafficking, stolen property,
    weapons offenses, murder for hire, etc.
    P.O. 5.8.4A
    B. Street/ethnic – vandalism, inter-gang violence, murder for hire,
    stolen property, assaults, etc.
    P.O. 5.8.4B
    C. Prison – drug trafficking, extortion, inter-gang violence, murder
    for hire, stolen property, etc.
    P.O. 5.8.4C
    D. Hate groups – arson, vandalism, assaults, intimidation,
    bombings, homicides, etc.
    P.O. 5.8.4D
    E. Cults – kidnapping, cruelty to animals, substance abuse, violent
    crimes, vandalism, intimidation, etc.
    P.O. 5.8.4E

    This document is as draconian as they come and is blatantly discriminatory. If this was not Arizona I would think it impossible to have such training be permissible.

    Thanks to all that read this far.
    Keep up the great work Rebel.

    Slick Rick

  17. Tim D. Says:

    A total Violation of biker constitutional rights!!!! Fucken assholes!!!

  18. Tim D. Says:

    A total violation of the constitutional rights of Bikers and U.S. citizens rights!!!! Fuckers

    http:// youtube Buffalo Springfeild stop children whats that sound

  19. Tim D. Says:

    A total violation of biker rights and U.S, citizens rights. fuckers!!

  20. Slick Rick Says:

    @Nihilist…..never trust a Moose. Especially that far south. They’re probably just mules dressed up like Moose.

    @Erudite Hillbilly…….there you go profiling again.

    Slick Rick

  21. Geezer Says:

    I can’t take it anymore.This is to George Jungle and anyone else who does this.Etcetera is abbreviated ETC. Not ECT.Thank you and carry on.

  22. Erudite Hillbilly Says:

    Cops and donuts, eh? They insist that is an incorrect stereotype, so I offer the following alternatives: “pigs and pastries”, “bullies and buns”, or “d!cks and danishes”. I’ve got a few more in relation to twists, crullers, fritters, etc., but I’ll leave those to the imagination.

  23. Nihilist Says:

    Slick Rick, you left out a crucial bunch of ne’er do wells with your references:

    Best wishes to Koepke on his opportunity to whup up on a poser, punk-assed bitch cop.

    I say start with this one: (he shook his hand???)


    in most cases, M/Cs that do NOT wear a 1% diamond are PROFILED as being OMG (outlaw motorcycle gangs) even though law enforcement doent have a reason to. ALOT OF THIS IS THE FAULT OF THE LARGER CLUBS. protocol in the motorcycle community dictates that to even be able to wear a motorcycle club patch, your club is required to seek permission from the larger well established 1% clubs, and in most cases, as a smaller club your required to either be a support club for the larger clubs and be at their beck and call,go to their events and smooze with them, or you risk being beat up,ran off the road on their bikes, or even shot, so 99% of the NON-1% clubs are profiled because of these requirments (to hang out with the bigger clubs who DO break the law). then you have bigger clubs that will come into an area, contact the smaller non-1% clubs and give them a choice such as to either patch over to THEIR club and do as THEY SAY,sign their lives and bikes over to them, or give up their charter. WTF?!?!?…personally i cant see why they would do this…most of these big clubs are willing to have wars and die to keep the smaller clubs from wearing their patches and riding , and this i cant understand. some of these smaller clubs are made up of ex-military ,alot of which are ex- special forces and are very capable of putting a rambo smackdown one man army ass whooping out.. maybe they dont realize that if there were MORE of these smaller clubs out there who ARENT selling dope, breaking the law ect it just might make them and the motorcycle community look BETTER in the long run…ive been involved in the motorcycle community and the club scene for 30+ years and have seen it more than once, even recently in the western states. most bikers just want to ride and have fun with their friends and family. why is it OK for firemen, police,ect to have clubs and not be profiled? some of the crookedest bikers ive ever known were police officers in these police clubs., all because they ARE cops they feel they can do what they like when they like with impunity.then you bring in these tv show producers who put shows together like gangland, sons of anarchy,ect and give the public the idea that those types of shows are real, so every biker that joe public sees is now an “outlaw biker gang member”, selling drugs, shooting people, running guns,ect. then you have got real life clubs that are recruiting actual street level gang members ( some of which dont even ride a motorcycle) and putting them to work as soldiers.what i find funny is if these big clubs would just STOP the bullshit of trying t shut the smaller clubs down and actually take the time to get to know them and NITE with them, THATS when your going to get things done and stop the bullsh*t

  25. Slick Rick Says:

    Thanks for covering this Rebel. Great article, and I’m not just sayin this because you quoted me in it. Loved the line “twelve Democratic Pol Pots and two Republican wing nuts”. Funny stuff. They should profile those cops playing dress up over there in Prescott. There was an incident that occurred this past Saturday that exemplifies the problem here in Arizona.

    A non patch wearing rider friend of mine was on his way to my brother’s wedding when he was clipped by a cage which caused him to dump his bike. He was gathering himself off the street when he was surrounded by Phoenix PD. They cuffed him and were questioning him as his knees were bleeding when the driver of the cage returned and told the police he was the cause of the accident. They then let my friend go as well as the driver that caused the accident. My friend asked if the driver was going to be cited and he was told there were no witnesses. LEO had my bro’s wedding under surveillance this is why so many were in the area in the first place. Our tax dollars at work!

    @Paladin…..I agree….it’s only a matter of time before the shit hits the fan.

    @ Phuquehed & OC VAGO……the fight is not done. We have only just begun.

    Much L&R,
    Slick Rick

  26. OC VAGO Says:

    Gallardo theorized. “So if you don’t want to be profiled, stop wearing those patches.” Wow! So now there’s a dress code to ride a motorcycle?
    As Phuquehed says, this bill needs to be re-introduced again and again until John Q Citizen realizes the threat as well.


  27. Phuquehed Says:

    Okay, so everyone who got that lady to start the bill needs to do it again, and again and again until the dumbfucks who think a 1% patch means they’re going to rape and pillage wherever they go actually begins to have a synapse or is simply voted out of office for *being* such a dumbfuck.

  28. Paladin Says:

    I think it’s only a matter of time before Stubbs, or his AZ counterpart puts a nail in the ass of an AZ town.

    With the flap that’s been created by the ib incident, it would seem that the residents of AZ are slso getting tired of the AZ LE bullshit.

    Long May You Ride (to those that deswrve to),


  29. JMacK Says:

    Not too shocked. Disturbed, but not shocked. Trying to play by their rules rarely works out. In order for a politician to see our point of view. In order for that to happen, they have to pluck their heads out of their asses. The minute they do that, they lose ability to be a politician. It’s a vicious circle really.

    Thanks. Good reporting Rebel. As usual.


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