Judge considers motions in First Amendment case against Carson City

Nearly 50 representatives of several Nevada motorcycle groups came before a U.S. District Court to prove they can coexist peacefully in a courtroom, attorney Don Evans said.

The bikers gathered Friday as part of a hearing before U.S. District Judge Philip Pro, who has six months to make a ruling on several motions, including one to dismiss charges against 14 bikers arrested during attempts to attend court hearings in Carson City's Public Safety Complex when they refused to remove their biker garb, said Evans, who represents the bikers.

The 9th Circuit Court of Appeals in August decided three of the rules established by Nevada District Court judges Michael Griffin and Bill Maddox are unconstitutional and approved an injunction allowing people to wear biker jackets in the Carson City Courthouse.

In approving the injunction, the appeals court overruled an earlier decision by Pro denying it.

Pro will also rule on continuance of that injunction, the bikers' attorneys' fees and motions by the city and state to grant immunity to the city from the lawsuit because of its protected status, and that the bikers should prevail on the merits of the case.

According to court rules, "The following is not allowed in the Courthouse: Clothing, attire or 'colors' which have symbols, markings or words indicating affiliation with street gangs, biker or similar organizations. Such clothing or attire can be extremely disruptive and intimidating, especially when members of different groups are in the building at the same time."

According to the 9th Circuit opinion, defendant Franklin "Sam" Sammartano was denied entry while wearing a denim jacket with a Harley-Davidson emblem and an American flag patch.

Other members also arrested wore jackets bearing the patches of His Righteous Ones and The Branded Few motorcycle groups. In court Friday, members of these groups and others were joined by Hells Angels representatives.

On Friday, Evans' courtroom was packed with 40 to 50 representatives of the Northern Nevada Confederation of Clubs in an attempt to show that members of different clubs could come to court without violence.

Evans said the state argues there is a threat of violence without the rules in place. But he pointed out the rules were suspended under the 9th Circuit Court's orders during Rocky Boice's murder trial, when no violence ensued.

Pro allowed Evans' motion to throw out the state's exhibits of newspaper articles from a 2001 shooting by rival motorcycle clubs in Laughlin, as the incident happened after the arrest of his clients.