The following investigative report is very revealing and provides irrefutable evidence relevant to blatant disregard – nonfeasance – misfeasance – malfeasance – collusion – Constitutional violations on the part of the U.S. Department of Justice, our States Attorney’s General, Governors, State and Local Law Enforcement Community and Mayors across the United States who involve themselves in unlawfully LOUD, dangerously LOUD, intrusive, motorcycle rallies as a fund-raising, proprietary activity for political expediency and financial gain; this, while the American citizen suffers. Additional information pertaining to Government, law enforcement corruption and collusion is also available in my article, The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/
As a “concerned citizen,” I’ve sued federally to bring attention to this blatant Government corruption at motorcycle rallies throughout the United States, but the Eighth Circuit Court of Appeals said I am not a “protected class;” therefore, the protections provided by the Fourteenth Amendment via Title 42 U.S. Code § 1983 don’t apply to me as a White, heterosexual male. This three-decade old battle with pervasive Loud Motorcycle Thuggery in American Society is under-girded by graft, Moral Relativism, greed, narcissism, hedonism, while the rights of the people are ignored for the lust and benefit of the “entitled” and politically well-connected…and again, the people suffer without recourse, relief or recompense.
Rick Holtsclaw, Houston PD/Retired (C-CALM)
The following information was obtained from my in-depth article: The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/
Mayoral Prostitution & the Loud Biker Cult[ure] – MOTORCYCLE RALLIES
America’s illegal vehicular NOISE problems are exacerbated by Governors and Attorneys General who place more emphasis on tourism dollars than protection of their citizenry while local elected officials i.e. “Mayors” prostitute themselves with the Loud Biker Cult[ure] during motorcycle rallies.
Please, allow me to clarify this one point before we continue…
Subsequent to my employment as a Municipal Police Officer for 31.4-years with the City of Houston, Texas, I fully understand the challenges facing City Administrators as they strive to make financial “ends-meet” in the black relevant to budgetary concerns. I do, up to a point, sympathize with Mayors and Police Chiefs who desire to involve their Municipality in proprietary/non-governmental activities such as fund raisers i.e. “motorcycle rallies” that support the municipal coffer with much needed tax revenue…I get it! With that said, the Mayor and his/her respective Police Chief are not endowed with the authority to usurp the protective intent of the rule of law in the interest of profit and/or political expediency. The rule of law, Federal, State or a Municipal Ordnance, enacted specifically for the protection of the American citizen. This is key – please understand that there is absolutely NOTHING that transpires at an unlawfully LOUD motorcycle rally that could not transpire with the motorcyclists in attendance atop a motorcycle equipped with the legal, U.S. EPA approved, OEM, factory-installed, respectfully quiet, muffler mechanism affixed to said motorcycle – absolutely NOTHING!
Mayoral Compromise, essentially Prostitution?
Mayors knowingly and with intent invite many thousands of motorcyclists from around the United States into their respective jurisdictions for motorcycle rallies knowing, via experiential knowledge, that some 80%-to-90% of the motorcycles in attendance will be illegally LOUD, illegally equipped with NOT FOR ROAD USE aftermarket exhausts. These Mayors, motivated by political expediency and greed for the city coffer, opt to ignore the protective intent of well-established Federal and State muffler laws – laws enacted specifically for the “protection of the citizenry” within their jurisdiction – while these elected officials provide police protection and services for the law breakers i.e. the Loud Biker Cult[ure] and permit these narcissistic bullies to roam their municipalities unencumbered for days while the tax-paying citizenry suffers.
It is this misfeasance, malfeasance, unequal application of the law, by America’s elected officials that infuses a perverted sense of “legitimacy” into the operation of an illegally LOUD motor vehicle on our public roadways while simultaneously creating a “conflict of interest” (enforcement hypocrisy) negating the enforcement of the muffler laws enacted specifically for the “protection” of the American citizen.
- How is it possible, void allegations of hypocrisy and possible civil action, for a law enforcement entity to enforce a law when the intent of said law has been made of no effect as a result of compromise, greed, graft by those elected officials tasked with providing protection for the American citizen?
- Why does the United States Department of Justice, responsible for law enforcement ethics oversight, permit this unequal application of the law to continue while the American vehicular noise beleaguered citizenry suffers?
- Does America’s Constitutional Republic permit greed for the coffer to usurp the protective intent of well-established laws?
The following video was recorded by my Wife on her cellphone while I recorded evidence on another camera for a civil suit; in fact, you can hear me counting the “legally equipped” motorcycles in the background. The cellphone audio is inadequate to accurately portray the incredible volume of motorcycle noise at the rally, but I will share it for the purposes of our discussion. To observe “police protection” for the illegal, Loud Biker Cult[ure] during a typical motorcycle rally (2016 Steel Horse Rally), please tab here…
But…wait a minute…the State law in Arkansas requires the “factory-installed muffler” so why are 90% of the motorcycles in that video illegally equipped with a NOT FOR ROAD USE exhaust?
The Mayor enters into a conspiratorial relationship with their respective Police Chief and agreements are made to not enforce the motor vehicle muffler laws thereby ensuring increased attendance numbers in conjunction with an increased profit margin from the fund raising proprietary/non-governmental function…and again…the citizenry in that municipality suffer as does the citizenry along the routes providing ingress and egress to and from the motorcycle rally event.
Well then, what about those municipalities that issue “noise permits” for the motorcycle rally event? Good question…
Municipalities might very well attempt to defer or negate culpability for violating the rule of law and the civil rights of their citizenry during LOUD motorcycle rallies via the issuance of a “noise permit.” I personally investigated this scenario in Fort Smith, Arkansas relevant to their Steel Horse Motorcycle Rally in 2015; therefore, let’s use that particular motorcycle NOISE debacle as an example.
The City of Fort Smith issued a “Special Event Permit” #A15-1514 to the Coordinator of the Steel Horse Rally (Mr. Dennis Snow Little) which said permit stipulated a waiver of the noise laws from 8am to 12am on a Friday and Saturday relevant to the scheduled event. The permit stipulated that Garrison Avenue between certain named streets would be exempt from noise regulations between those specified hours…though I believe the permit was relevant to vendors and entertainment, not motorcycle noise.
So then, what’s the problem?
In order for the Loud Biker Cult[ure] attending the Steel Horse Motorcycle Rally atop their illegally LOUD/illegally equipped motorcycles to be in compliance with the Fort Smith “sound permit,” the illegally equipped motorcycles must be placed on a trailer and towed into Fort Smith, Arkansas – then – operated ONLY between the hours of 8am and midnight on the specified Friday and Saturday and ONLY on Garrison Avenue and the adjacent streets identified within the sound permit.
Fact is, that is NOT the scenario relevant to Fort Smith or any other municipality that attempts to defer or negate culpability for violating motor vehicle noise laws while celebrating and glorifying loud biker thuggery! Every municipality, the citizenry in those municipalities, providing ingress and egress along the routes to these unlawfully LOUD motorcycle rallies, ultimately suffer and in addition, once the Loud Biker Cult[ure] arrives at the host City, they are free to roam the roadways, day and night, for days on end – and – the people, the constituency who placed the offending Mayor in that position of authority, they suffer along with their fellow citizenry! Others, choose to pack their bags and their family and leave town for the week or weekend to escape the pervasive illegal NOISE thuggery.
Prior to recording the video above, I asked a Fort Smith Officer (in jest) if he was issuing citations for the pervasive, incredibly loud motorcycle noise…his response? “NOT Me!”
Mayoral & Police Chief Prostitution Defined
2010 Arkansas Code
Title 27 – Transportation
Subtitle 3 – Motor Vehicles And Their Equipment
Chapter 37 – Equipment Regulations
Subchapter 6 – Mufflers
§ 27-37-601 – Noise or smoke producing devices prohibited.
(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.
(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.
Following, is just “one” example of Mayoral prostitution with the Loud Biker Cult[ure] at Motorcycle Rallies in the State of Arkansas, but remember this – the same illegal, unconstitutional, scenario transpires in municipalities around the United States which equate to a blatant, unequal application of the law where the citizenry suffers while Loud Biker Thuggery is protected, glorified and idolized for profit! In addition, it is scenarios such as this that provides a perverted sense of legitimacy to the unlawful behavior of operating an illegally equipped motor vehicle on our public roadways where, again, the citizenry suffer!
The “Bikes, Blues, BBQ Motorcycle Rally” in Fayetteville, AR has been active for some 17-years and my visit to this Rally in 2016 confirmed that approximately 90% of the motorcycles present were illegally equipped with NOT FOR ROAD USE exhaust mechanisms emitting four-to-eight-times+ the legal 80 dB(A) “total” motorcycle noise emissions as restricted by the US EPA – that 80 dB(A) is the “minimum” level of protection for the American citizen. (Remember – dB differentials are measured using a logarithmic scale – NOT linear)
Note that Arkansas’ Motor Vehicle Code, 27-37-601 (a) requires the “factory-installed muffler” and part (b) of that statute forbids the sale/retail of a muffler in Arkansas that does not conform to the specifications of the factory-installed muffler – but – a Freedom of Information Request (Act) (FOIA) for a six-month period surrounding the “three largest motorcycle rallies” in Arkansas verified the following statistics for the below named police agencies…remember, during this six-month evaluation, the State of Arkansas was flooded with tens-of-thousands of illegally LOUD motorcycles in addition to the incredible number of unlawfully loud vehicles, motorcycles-automobiles-trucks, that pollute the roadways of Arkansas on a daily basis, 365-days a year.
I submitted a six-month Freedom of Information Request to the following law enforcement agencies for all citations issued for violations of Arkansas 27-37-601 (or any applicable Municipal Noise Ordinance) – the six-month period of time surrounding the three major motorcycle rallies in that State. Also, the FOIA request sought statistical information relevant to “investigations” performed on facilities retailing vehicles and/or muffler installation facilities retailing mufflers that do not conform to subsection (b) of 27-37-601.
Enforcement Summation/Six-month Evaluation (FOIA)
City of Fayetteville, Arkansas (BBB Motorcycle Rally)
- Citations: 0
- Investigations: 0
City of Ft. Smith, AR (Steel Horse Rally)
- Citations: 0
- Investigations: 0
City of Hot Springs, AR (Hot Springs Rally)
- Citations: 0
- Investigations: 0
City of Van Buren, AR (Immediately adjacent to Ft. Smith)
- Citations: 1 Note: The Suspect that was stopped and cited for an illegally LOUD exhaust on his motorcycle in Van Buren was also operating that motor vehicle with a suspended drivers license – as noted in this article under section “The Police – Where are you?” – motor vehicle noise enforcement is fantastic “probable cause” and should result in increased warrant and warrant related arrests if law enforcement would simply enforce the muffler laws in the United States! Only one (1) documented traffic stop for illegal vehicular NOISE relevant to this entire FOIA investigation and that one traffic stop led to the apprehension of a suspect who was “Driving While License Suspended.”
- Investigations: 0
Arkansas State Highway Police
- Citations: 0
- Investigations: 0
Arkansas Highway Patrol
- Citations: *38
- Investigations: 0
*The Arkansas Highway Patrol’s Public Information Officer (PIO) “said” they had issued 38-citations across the State of Arkansas during the six-month evaluation period, but the State Agency could not differentiate between citations issued for “smoke” and/or “noise” seeing that AR 27-37-601 is applicable to both violations. Also, Arkansas’ State Police could NOT present proof of the citations issued. The PIO advised me that I would have to inquire of the various courts around the State in order to retrieve the particulars on the citations issued.
Also, I found myself in a heated discussion with the State Police regarding “jurisdiction” and investigations relevant to muffler retail and vehicle retail facilities in violation of subsection (b) of Arkansas 27-37-601. Arkansas’ State Police PIO advised that such investigations were not the responsibility of the State Police, but that Municipal Law Enforcement was responsible for policing their individual Municipalities. I wholeheartedly disagreed with the State Police’ positioning. It is my position that the retail statute, subsection (b), is a State Law that encompasses numerous retail facilities around the State of Arkansas; therefore, at a minimum, the State Police are responsible for coordination of investigations that require a statewide uniformity of treatment and control…no response from the State Police to that particular point of view.
Simply more evidence of the unacceptable status-quo of continual denial of jurisdictional responsibility from the State Police, Attorney General Leslie Rutledge, Arkansas’ Department of Environmental Quality – and the citizenry suffer. Considering the pervasive nature of illegal motor vehicle noise, this unacceptable scenario from our law enforcement and environmental control community is obviously a Nationwide problem – does anyone care?
Hypocrisy, misfeasance or malfeasance by a Police Chief? …… (You decide)
At this point, I would like you to take a moment and read the attached letter from Fayetteville’s Chief of Police regarding the #1 complaint from the citizens of Fayetteville, Arkansas during the Bikes, Blues and BBQ Motorcycle Rally. Though I’ve highlighted the Mayoral Prostitution with the Loud Biker Cult[ure] at these illegal motorcycle rallies, Police Chief Prostitution is also undeniable…for an explanation, simply read the letter and then note the enforcement statistics above for Fayetteville PD. Does Fayetteville’s Police Chief or its Mayor care about the health and welfare, the quality of life of Fayetteville’s citizenry or are they more concerned about the revenue generated by the illegally LOUD motorcycle rally? See: http://www.bikesbluesandbbq.org/wp-content/uploads/2012/08/Chiefs-BBQ-letter.pdf
Greed, a conflict of interest, misfeasance/malfeasance ultimately equates to no enforcement/no protection!
How is it possible for a municipality or a State enforcement entity to proactively enforce muffler laws when our Mayors and Police Chiefs are prostituting themselves with tens-of-thousands of illegally LOUD motorcyclists at these motorcycle “fund raisers” e.g. motorcycle rallies across the United States? If the Loud Biker Cult[ure] is permitted to disobey the protective intent of the well-established muffler laws during motorcycle rallies for “profit,” then these same LOUD bikers are subject to fines and possible incarceration for disobeying the muffler laws apart from the rally events – would this not become a libelous scenario, a conflict of interest, hypocrisy, for every municipality and city official that prostitutes/compromises themselves and their office with the Loud Biker Cult[ure] by hosting unregulated, illegally LOUD motorcycle rallies?
As discussed in a previous section in this article, “The Police – Where are You?,” the municipality and its officials, like the police who ride and drive illegally LOUD vehicles off-duty and on-duty, these “officials of the law” who compromise themselves with the Loud Biker Cult[ure] cannot enforce the applicable muffler laws as a result of hypocrisy possibly culminating in civil action. Laws and policies requiring our law enforcement and elected officials to obey the rule of law, to fulfill their duties with integrity void ethical compromise, are established for a very significant reason – to ensure an enforcement and adjudicatory environment permitting said official the ability to uphold and defend the United States Constitution and to carry out the first duty of government i.e. protection of the American citizen void hypocrisy i.e. a conflict of interest.
- At what point in America’s history did profit for the municipal or State coffer trump the responsibility of the State to provide “protection” for the citizenry via a fair and equal application of the rule of law?
- At what point in America’s history did the money or wealth of an organization or special interest group elevate said organization to a positioning tantamount to one that is “above the law?” Is the integrity and protective intent of America’s “rule of law” for sale?
- At what point in America’s history – a history that is based on a Constitutional Republic – a Constitutional Republic that is based on “the rule of law” – at what point did “quid pro quo” differentiate a duty/responsibility to adhere to the rule of law enacted specifically for the protection of the American citizen?
The United States Department of Justice and the individual States Attorneys General ignore this unequal application of the law while the American citizen’s civil liberties and civil rights are violated with impunity by the narcissistic Loud Biker Cult[ure]. Fact is, there is absolutely nothing that transpires at an unlawfully LOUD motorcycle rally that could not transpire with the attendees atop a motorcycle with the quiet, legal, U.S. EPA approved, factory-installed muffler affixed to said motorcycle – absolutely nothing!
This unethical conduct by our Nation’s mayors and police chiefs infuses an illegitimate legitimacy into the illegal conduct of operating an illegally equipped, illegally LOUD motorcycle, automobile or truck on our public roadways while the Loud Biker Cult[ure] internalizes the misfeasance of our elected officials as “approval” of their illegal, narcissistic behavior; ultimately, this collusion, compromise, illegality, nonfeasance, misfeasance, malfeasance, undermines and prevents enforcement of well-established motor vehicle muffler laws enacted specifically for the protection of the American citizen.
Related videos and articles:
Evidence of Arkansas Vehicular Noise Conspiracy: https://www.youtube.com/watch?v=XZ–8v2S784
Loud Motorcycles? (Pt. 4) – Biker Rallies and Mayoral Prostitution: https://www.youtube.com/watch?v=tZiGBqbcFwA&t=560s
The LOUD Biker Yells: “Hey, it’s just NOISE!” (Is it really?): https://rickeyholtsclaw.com/2017/07/21/the-loud-biker-yells-hey-its-just-noise-is-it-really/
Arkansas State Police – Please do your job!: https://rickeyholtsclaw.com/2015/10/31/arkansas-state-police-please-do-your-job/
Arkansas, We Have a Constitutional Problem: https://rickeyholtsclaw.com/2016/01/19/arkansas-we-have-a-constitutional-problem/
Townhall Meeting – Fort Smith: https://rickeyholtsclaw.com/2016/02/01/townhall-meeting-fort-smith/
5 May 2015: Meeting with Ft. Smith Leadership: https://rickeyholtsclaw.com/2016/02/01/townhall-meeting-fort-smith/
Bye-Bye Bikes Blues BBQ – Whoa! Questions about LOUD Motorcycles: https://rickeyholtsclaw.com/2016/09/26/bye-bye-bikes-blues-bbq-whoa-questions-about-loud-motorcycles/
Hey Arkansas – Stop the Vehicular NOISE Assault! – Letter to Director of Arkansas Department of Environmental Quality: https://rickeyholtsclaw.com/2015/10/30/hey-arkansas-stop-the-vehicular-noise-assault/
Arkansas’ Attorney General Points Finger at AR Dept. of Environmental Quality: therefore I asked…: https://rickeyholtsclaw.com/2015/10/24/arkansas-attorney-general-points-finger-at-ar-dept-of-environmental-quality-therefore-i-asked/
My LOUD Evening at the Harley Dealership – The Truth Shall Set You Free!: https://rickeyholtsclaw.com/2016/08/08/my-loud-evening-at-the-harley-dealership-truths-a-killer/
Motorcycle Noise Enforcement – 101: https://rickeyholtsclaw.com/2016/09/12/motorcycle-noise-enforcement-101/
The Truth About Loud Motorcycles the Police Won’t or Can’t Tell You: https://rickeyholtsclaw.com/2016/03/10/the-truth-about-loud-motorcycles-the-police-wont-or-cant-tell-you/
Rick Holtsclaw, Houston PD/Retired
Concerned Citizens Against Loud Motorcycles – Facebook, YouTube and WordPress/Noise Free America (Answer Man)