Letter published by the Motorcycle Rider’s Foundation concerning my motor vehicle enforcement efforts in Houston, Texas. My rebuttal to this nonsense follows…

HOUSTON, WE DON’T HAVE A PROBLEM ANY MORE . . .

You can’t make this stuff up. Rickey D. Holtsclaw, a Houston, Texas police officer for almost thirty-two years, was recently forced to retire because of his insistence on enforcing ordinances restricting obnoxious motorcycle noise. Officer Holtsclaw faced pressure within the Houston police department and from pro-noise motorcyclists to stop enforcing the law. Officer Holtsclaw received little or no support from elected officials in Houston.

Holtsclaw decided to start issuing tickets to what he perceived as “loud motorcycles”. After a few months of writing tickets caught the attention of his commanding Patrol Sergeant who ordered him to cease issuing those kinds of tickets. He explained that the law is so vague that it is unenforceable. However, Holtsclaw broke orders and continued on his mission to silence Houston.

According to Holtsclaw it was the upper levels of the Houston Police Department, Mayor Annise Parker, Houston’s City Council, and Houston’s Legal Department that forced him into retirement.

Enjoy your freedom while it lasts Houston, because you know for every one like this guy there is another around the corner just waiting.

The MRF does not advocate for breaking of any law. We do, however, oppose blatant motorcyclist discrimination like this.

______________________________________________________

Response from Rickey D. Holtsclaw to the obfuscation, lies, and errors, of the Motorcycle Riders Foundation

I was never “forced to retire” as I honorably served the citizens of Houston, Texas for 31 years and had, years previous to my retirement, relocated my family OUT of the Hell-Hole known as Houston and Houston/Katy ISD; this, in preparation for retirement. I retired from the Houston PD because my Christian, conservative, worldview no longer resonated or “fit” into the WOKE, Liberal, Politically Correct experiment, that had invaded the Houston PD like a metastasizing malignancy for the previous two decades.

While assigned to the Westside Division, I policed 20G80’s beat which focused on the Westheimer and SH 6 vicinity; this area was home to two thug biker bars, one located on Highway 6 which I facilitated the closure of same and a second LOUD thug biker bar on Westheimer’s extension into Harris County SR1093. Due to the LOUD biker thugs that frequented these biker bars, my area of responsibility was inundated with LOUD biker, auto, truck, thuggery; an unlawful, bullying, irresponsible, behavior that destroyed the daily quality of life for millions; recklessly harmed and injured the physiological and psychological well-being of the children, the elderly, the handicapped, the families, dwelling, working, in my area of responsibility; therefore, I took the initiative to STOP the vehicular NOISE abuse.

My weak and progressive City and Police Administration indeed lacked the courage to stand with me; this was due to Houston’s obsessive concerns with liability and fear of lawsuits; these concerns trumping Houston PD’s primary objective: protection of the citizenry. LOUD thug bikers in Houston organized twice and rode en mass to Houston’s City Hall and whined, cried, threatened, the Mayor and the Council Members, and warned that if my lawful and protective enforcement efforts were not stopped, perhaps they should be removed from office. Houston’s Administration cowed like defenseless children. Shameful and embarrassing.

My Westside patrol sergeant indeed ordered me to stop issuing citations for vehicular noise. What the MRF’s letter does not clarify is the fact that this same Westside sergeant drove an illegally LOUD, obnoxiously LOUD, racing Corvette to roll-call at 6 a.m. and thereby violated the rights and quality of life of millions during his commute. What the Motorcycle Riders Foundation letter does not say is that I presented this corrupted and “compromised” supervisor with legal precedent (Aaron C. Aguilar v. State of Texas 2008) that undergirded, substantiated, my vehicular noise enforcement efforts and the “supervisor’s” order was consequently summarily overturned by Houston’s City Legal Department; therefore, I continued to stop, cite, incarcerate, every LOUD vehicular NOISE THUG possible.

It is true that the City of Houston, due to incredible numbers of false Internal Affairs accusations against me by LOUD biker thugs, issued a notice that all officers were to cease issuing citations via City Ordinance 30-3 due to “void for vagueness” concerns; therefore, I began using Texas Motor Vehicle State Law 547.604 “Muffler Required” that requires the generic element of “to prevent excessive and unusual noise” which some also considered “void for vagueness” to which I counted that argument with the Federal Law, Code of Federal Regulations 40 CFR 205, which restricts motorcycle noise, light to medium duty trucks, to a relatively quiet and safe 80dB(A) and requires specific labels for motorcycle mufflers and frames denoting compliance with the 80dB(A) total motorcycle noise emissions mandated by the US EPA.

My argument was and is that any motorcycle emitting noise greater than OEM-factory installed violated the Texas Muffler Statue 547.604; unfortunately, the City of Houston’s Municipal Court had NOT taken the initiative to draft a “legal complaint” facilitating the use of Texas 547.604; this, probably due to Houston’s lust for the monies garnered by ordinance enforcement, monies that were shared with the State when a State Law was used to enforce traffic laws. With that said, a Westside supervisor took the initiative, on my behalf, to engage the City of Houston Municipal Court and then draft a legal complaint allowing my enforcement of Texas 547.604.

The upper levels of Houston’s Police Department were indeed far too cowardly to support my efforts to bring peace and tranquility to the roadways in my area of responsibility but the Municipal Judge who adjudicated my NUMEROUS vehicular noise citations did support my lawful efforts as I maintained a 99.9% conviction rate for all vehicular noise cases brought to trial; this, even though I was required to have protection present in my courtroom during some trials due to the threats of the thug LOUD biker cult[ure] in Houston.

With that said, I retired from the Houston PD due to the shame of working for a weak, progressive, politically correct, administration that was too cowardly and compromised to protect the citizens I took an oath to protect and serve. If the Houston PD had provided the same support offered by the Municipal Judge who analyzed the vehicular noise cases and adjudicated them in the affirmative, I would have shut down the vehicular NOISE plague in Houston, Texas. I could have easily begun a task force targeting illegally LOUD motorcycles, automobiles, and trucks that destroy the daily quality of life for millions in Houston, daily and nightly. I could have STOPPED the LOUD vehicular NOISE thugs who abuse children, the elderly, and the handicapped, with “not for road use” and “racing only” aftermarket exhausts on motorcycles and illegal modifications to OEM muffler systems on trucks and automobiles.

The Motorcycle Rider’s Foundation should be ashamed of themselves for their advocacy of LOUD motorcycle thuggery that mocks the Federal Code of Federal Regulations and State Laws enacted specifically for the protection of, the health and welfare of, the daily quality of life of, our children, the elderly, our handicapped, our families. If you ride or drive LOUDER than the OEM-factory installed equipment, you’re a bully thug and your intrusive, dangerous, unlawful, bully behavior does NOT belong on our public roadways. Vehicular noise laws were enacted for the protection and daily quality of life of the American citizen, no one has a “right” to abuse and audibly assault the American citizen with unlawful vehicular NOISE!

Rickey D. Holtsclaw, Houston PD/Retired