Tag Archives: loud vehicles

Illegal Vehicular Noise – A Nationwide Plague upon the American Citizen – Solutions?

Illegal Vehicular Noise – A Nationwide Plague upon the American Citizen – Solutions?

Protection is the number-one responsibility of Government.

1) The US Congress delegated authority, responsibility, concerning enforcement of the protective intent of US EPA CFR 40 Part 205 to the individual States, the Governor, Attorney’s General, State Law Enforcement, Local Law Enforcement. Pervasive evidence spanning the previous forty-years confirms that the States enforcement relevant to abusive, illegal, vehicular NOISE has been an abysmal failure. What can be done?

2) The US Congress and the US EPA must pass legislation restricting or denying transportation funding/grants to any State that refuses to aggressively enforce violations of the protective intent of CFR 40 Part 205 of the Code of Federal Regulations as it pertains to vehicular noise emissions and labeling of mufflers. CFR 40 Part 205, vehicular noise restrictions requiring total vehicular noise emissions not exceed a relatively safe 80dB(A) for street-use motorcycles, automobiles, light-medium duty trucks.

3) The US Congress and the US EPA must pass legislation requiring States to initiate an annual vehicular safety inspection program and as part of that vehicular safety inspection, the muffler/exhaust mechanism affixed to those vehicles undergoing inspection must be examined for compliance with the protective mandates of CFR 40 Part 205. State Law, relevant to motor vehicle mufflers and noise emissions, must be worded with legal elements that conform to the OEM-factory installed mandates of CFR 40 Part 205; this, in compliance with the Supremacy Clause of the United States Constitution.

4) The US Congress and the US EPA must demand that the States take civil and criminal action against those companies who manufacture, distribute, retail, install, aftermarket exhaust mechanisms for motor vehicles; specifically, those motor vehicles to be operated upon the public roadways of the United States, that do NOT conform to the safety mandates of CFR 40 Part 205 concerning NOISE energy emissions and proper labeling of mufflers for street-use motorcycles. Any exhaust manufacturer refusing to comply with CFR 40 Part 205 should be civilly sued into insolvency and criminally charged relevant to their contributions to the vehicular noise abuse of the American citizen. Illegal vehicular noise is sound energy and is a physical assault upon the American citizen that destroys daily quality of life and recklessly endangers the health and welfare of anyone exposed to same.

5) The US Congress and US EPA, as part of their agreement with the States concerning transportation funding/grants, must insist that the operators of illegally equipped motor vehicles, illegally LOUD motor vehicles in violation of CFR 40 Part 205, be subject to a progressive increase in fines with continuing violations resulting in arrest, incarceration, impoundment of the noncompliant vehicle until such time arrangements are made to return said vehicle to an OEM-factory installed condition.

6) The US Congress and US EPA must provide oversight relevant to Governor and Mayoral prostitution, graft, misfeasance, malfeasance, compromise, with members of the LOUD Motorcycle, Auto, Truck, Cult[ure] where State and Local Government leadership invites into their State and/or Municipality operators of illegally LOUD motor vehicles for shows, rallies, where the citizenry of those States, Municipalities, are audibly abused, day and night, by the attendees operating motor vehicles that do not comply with the protective intent of CFR 40 Part 205 and applicable State muffler laws relevant to vehicular noise emissions.

7) Every State must acknowledge a law enforcement officer’s legal right to use suspected illegal vehicular NOISE as lawful “probable cause” to stop and investigate both the vehicle and the operator of said suspect vehicle; this, in accordance with Texas Court of Appeals case “Aaron C. Aguilar v. State of Texas (2008).” https://law.justia.com/cases/texas/fourth-court-of-appeals/2008/20953.html

Also see: The Truth about LOUD Motorcycles, Auto’s, Trucks, 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/

Letter: Congressman Byron Donalds; EPA Administrator Lee Zeldin INRE Illegal Vehicular NOISE!

Dear Congressman Byron Donalds, EPA Administrator Lee Zeldin,

I am a retired 31-year veteran of the Houston PD currently living on Pine Island, Bokeelia, Florida. During my enforcement years with the HPD and during my last fourteen years of retirement, I have endeavored to intercede on behalf of our most innocent, our children, the elderly, the handicapped, and our families, who are audibly assaulted and abused by the OUT OF CONTROL numbers of illegally modified, illegally equipped motorcycles, automobiles, and trucks emitting noise levels in multiples (logarithmic) of the legal, total, environmentally safe noise emissions of 80 dB(A), the maximum safe operating noise level as per the US EPA for motorcycles (1986 models forward), light- to medium-duty trucks, and automobiles.

Florida’s own state Noise Abatement Law, section 5, clearly requires the quiet OEM-factory-installed muffler (80dBA) for all street-use motor vehicles, yet Florida’s roadways are inundated with motorcycles that have been illegally modified or illegally equipped with “not for road use” aftermarket exhausts; this, while a plethora of trucks and automobiles are illegally modified with “FlowMaster,” “Magnaflow,” and “BORLA” type noise-making devices. I have personally successfully enforced, cited, and adjudicated untold numbers of vehicular noise violations during my enforcement years, and I am respectfully asking for your intercession concerning the out-of-control vehicular noise abuse in Florida.

Governor DeSantis has failed to respond to my concerns. Lee County, Charlotte County, Fort Myers, Cape Coral, Punta Gorda, Port Charlotte, and the leadership of these entities could care less that the daily quality of life and the health and welfare of their citizens, our most innocent, are destroyed daily and nightly by those who ride and drive illegally, intrusively, LOUD. To make matters worse, mayors and police chiefs across the State of Florida and the United States prostitute themselves for the city coffers, compromising with the LOUD motorcycle culture through scheduled “biker rallies” where these illegally equipped, illegally LOUD motorcycles are welcomed into a municipality and the citizenry of said municipality are abused daily and nightly during the illegal event; this, while Governor DeSantis says and does NOTHING. Why? I have the answers; I have the solutions to this pervasive, formidable, vehicular noise problem.

As far back as the Congressional 1972 “Noise Control Act,” Congress has expressed concerns over environmental noise and subsequently delegated enforcement authority to the States concerning vehicular noise and its detrimental effects on human physiology; unfortunately, the States, their enforcement entities, have failed the American citizen miserably.

Additionally, there exists no greater “probable cause” for a stop and investigate than illegal vehicular noise, and during my enforcement years, I successfully cleared warrants, suspensions, and equipment violations using vehicular noise as my probable cause, a probable cause that is undergirded by legal precedent. Arron C. Aguilar, V. State of Texas (2008). https://law.justia.com/…/fourth-court…/2008/20953.html

Motorcycles operated upon the public roadways of the United States are, at production, thoroughly tested for noise emissions via the SAE J331a full throttle drive-by testing procedure. Motorcycles for roadway use are tested at full brake horsepower, and noise emissions are evaluated at 42 feet on each side of that make and model motorcycle at full brake horsepower during full acceleration. Street-use motorcycles are restricted to a “total” motorcycle noise emission of 80 dB(A), and when/if said motorcycle meets this noise emission criteria, the OEM muffler is heavily embossed with a US EPA emissions label…this is a permanent label to be positioned for enforcement inspection, and the frame of that motorcycle receives a frame label matching the muffler to the motorcycle. This OEM-factory-installed muffler must remain on the motorcycle and in compliance for the “life of the motorcycle.” Approximately 80% of the motorcycles operating on public roadways of Florida and throughout the United States have been illegally modified by tampering with the baffling, or the OEM-factory-installed muffler has been removed and replaced by a “not for road use” aftermarket LOUD exhaust; this is done via a selfish act of narcissism on the part of the owner who enjoy their NOISE and abusing the public with same. Counter to loud biker excuses suggesting “loud pipes save lives,” loud pipes actually violate rights and make the operator less safe!

In addition, far too many automobiles and trucks, regulated to 80 dB(A) by federal law, Title 40 of the Code of Federal Regulations, operating in Florida and throughout the United States have been illegally modified by the installation of a “MagnaFlow” or “FlowMaster” or “BORLA” noise-making device; this, for no other reason than appeasing the narcissistic appetite of the operator at the physiological expense of the citizenry.

Today’s environmental and physiological disaster of illegally LOUD motorcycles, autos, and trucks operating unencumbered upon our public roadways is the shameful equivalent of yesterday’s smoking in a public place. Subsequent extensive medical testing and research, evidence shows that there exists no greater environmental threat and causation concerning cardiovascular disease, stroke, and stress-related illnesses than unregulated motor vehicle noise in our densely populated communities.

Approximately a decade ago, I journeyed to Washington, DC where I lobbied House and Senate representatives for intercession concerning vehicular noise abuse in the United States. My efforts were met with utter disrespect and scoffing seeing that I was not a prospective financial donor to their reelection efforts; therefore, my rough draft of a quiet communities bill and my concerns for the vehicular noise abused citizenry were shunned, and my time and money were wasted.

Congressman Donalds, please don’t fail the good and respectable citizens of Florida, those who endeavor to do the right thing and respect their fellow citizens, raise their families in a healthy and peaceful environment. I am free to meet with you at your convenience via phone or in person. I will place the URL of a sampling of articles I have written relevant to my concerns and my efforts to intercede on behalf of the vehicular-noise-beleaguered citizenry. I am respectfully seeking your intercession and assistance; please don’t toss my concerns aside. Let’s make Florida’s roadways lawful, respectable, for the health and welfare and daily quality of life of all citizens. Please help me STOP the vehicular NOISE bullies who abuse our most innocent, daily and nightly? Apparently, it will require a Congressional restriction on highway funding to the States in order to force their compliance with the US EPA’s vehicular noise mandates. Will you intercede on our behalf?

Sincerely,

Rick Holtsclaw, Houston PD/Retired

1) The Truth about Loud Motorcycles, Auto’s, Trucks, the Police won’t or can’t tell you: https://rickeyholtsclaw.com/…/the-truth-about-loud…/

2) Motorcycle Noise Enforcement 101: https://rickeyholtsclaw.com/…/motorcycle-noise…/

3) LOUD Biker Thuggery and the US EPA: A History: https://rickeyholtsclaw.com/…/loud-biker-thuggery-and…/

4) Do Loud Exhausts on Motorcycles Save Lives? https://rickeyholtsclaw.com/…/loud-pipes-save-lives-do…/

5) Lee County Florida’s Legal Department Does the Right Thing: https://rickeyholtsclaw.com/…/lee-county-floridas…/

This following paragraph from Section 293 is very important as it restricts using any non-original equipment which can increase noise limits on cars or other vehicles:

(5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS.— Florida State Law

(a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured.

This makes it illegal to use any aftermarket modifications louder than ones your vehicle is manufactured with. All devices producing excessive exhaust noise are not legal. There are exceptions which include emergency vehicles, vehicles used in races or similar events, agricultural equipment, and test vehicles.

Loud Vehicle Abuse – Florida, Lee County, Why? https://youtube.com/shorts/LHmMRNl8LWs

___________________________________________________________________________

Dear Rickey,

Thank you for taking the time to contact me about your thoughts on vehicular noise in Florida, I appreciate hearing from you on this front. As the 119th Congress continues, I will be sure to keep your thoughts and suggestions in mind as this issue is addressed. Additionally, please let me or a member of my staff know if we can be of any assistance going forward, take care.

Sincerely,

Rep. Byron Donalds
Member of Congress

____________________________________________________________________________

Dear Congressman Donalds and/or the Staffer who prepared the kind response,  (11 – 5 – 25)

I am prepared, ready, willing, able, to appear before a committee and articulate my concerns and request for intercession. Please don’t disregard my efforts to right the wrong of government inaction concerning those who abuse our most innocent and destroy daily quality of life with illegal vehicular noise. Thank you for your response though I fear you never received my letter of concern but the response, though kind and thoughtful, is the work of a staffer who has no idea of the urgency and importance of this matter. Please don’t treat me as your fellow members in the House and Senate treated me during my visit to D.C.. The only solution to the problem, plague, of vehicular noise abuse is Congressional intercession, the withholding of transportation funding, to those States who refuse to comply with the mandates of the US EPA, Title 40 CFR, Part 205 and State Muffler Laws that require the noise suppression mandates of the Code of Federal Regulations. If you reject intercession on behalf of the vehicular noise beleaguered citizenry, you reject your obligation to provide “protection” to those who have no one to intercede on their behalf. 

Sincerely, 

Rickey D. Holtsclaw, Houston PD/Retired 

Riding & Driving LOUD, who are you?

Riding and Driving LOUD, who are you?

What kind of “man” or “woman” modifies a motorcycle, auto or truck to emit illegal NOISE in multiples (logarithmic) of the mandated, relatively safe, 80dB(A) Federal limitation then proceeds out onto a public roadway and uses that illegal, dangerous, intrusive, destructive, NOISE to destroy the daily quality of life of children, the elderly, our handicapped, our families?

Is this illegal and defiant behavior not indicative of a mental and spiritual illness? Should not the offender be arrested for assault and his/her offending vehicle impounded and forced compliance initiated?

Motor vehicle noise is regulated for cause, for health and quality of life concerns, why not enforce existing motor vehicle NOISE laws, both federal and state, enacted for the protection of the American citizen?

California’s Environmentalism and Legislator’s – HYPOCRITES concerning vehicular noise abuse…

California’s “environmentalists” and State Legislators are hypocrites relevant to dangerous vehicle noise that destroys the environment while abusing the citizenry…

While touring the Bay Area of San Francisco, San Bruno, South San Francisco, Oakland, I was amazed to see and hear the belligerent, narcissistic, selfish, vehicular noise thugs that inundate California’s roadways; those noise bullies who operate illegally modified, illegally LOUD auto’s, trucks, motorcycles.

The US EPA, subsequent thorough testing and analysis relevant to the destruction to daily quality of life, the physiological dangers, of unregulated motor vehicle noise, concluded that 78dB(A) was the maximum safe noise level emissions for motor vehicles operated on America’s public roadways. Initially, for example, the US EPA regulated motorcycle noise emissions to 83dB(A) in 1983 and subsequent further evaluation determined that 83dB(A) was physiologically unsafe and therefore sought a 78dB(A) noise emissions restriction for all street use motorcycles going forward. Suzuki Motors complained that adhering to the 78dB(A) noise restriction would be cost prohibitive; therefore, the US EPA compromised and enacted a 80dB(A) “total” noise emissions for all street use motorcycles 1986 year model going forward. This Federal mandate remains relevant to this very day and every street-use motorcycle is mandated via the Code of Federal Regulations to be equipped with a properly labeled, quiet, muffler and matching frame label.

Unfortunately, the US EPA delegated enforcement of the 80dB(A) vehicular noise emission regulations to the States and the States, their legislators, their police, have been an utter failure to this very day. California’s legislators and Governor Newsom are not only environmental hypocrites but they’re as useless as the tits on a boar hog as they’ve enacted an impotent sound meter legislative mandate relevant to motor vehicle noise which allows for 95dB(A); logarithmically, 95dB(A) is 15X more intense than 80dB(A); therefore, California allows vehicular noise thugs to rule the roadways while the naive citizenry cows and accepts the abuse. Shame on California and shame on socialist Newsom. 

Beautiful California, the Mecca of Liberal-Progressive insanity, a “paradise” that litters its mountain sides with useless windmills and its valleys with Chinese solar panels, a socialist utopia hopelessly deceived by the demonic cult of “man induced climate change,” a deceived State of liberal insanity that gags over plastic straws and liquid gold below their feet while allowing the abusive, narcissistic, thugs, of the LOUD vehicle cult[ure] to destroy the environment, destroy and abuse the daily quality of life of millions with illegally equipped, illegally LOUD motor vehicles…California, the mecca of those who worship the creature rather than the Creator while this beautiful State is destroyed by virtue signaling liberal elites and an arrogant, cocky, Governor that serves the Devil as opposed to his constituency (Romans 1:18-32).

§ 205.52 Vehicle noise emission standards.

(a) Low Speed Noise Emission Standard. Vehicles which are manufactured after the following effective dates shall be designed, built and equipped so that they will not produce sound emissions in excess of the levels indicated.

Effective dateLevel
(i) January 1, 197983 dBA.
(ii) January 1, 198880 dBA.

(b) The standards set forth in paragraph (a) of this section refer to the sound emissions as measured in accordance with the procedures prescribed in § 205.54-1,2.

LOUD Motor Vehicles: America’s true National Plague…

Video: https://youtu.be/76_0-Gss2Z4

An overwhelming majority of the automobiles, light-to-medium duty pick-up trucks, motorcycles, operating on the public roadways of the United States are regulated to a relatively quiet 80dB(A) total, maximum, noise emission level by the United States Environmental Protection Agency (US EPA) via the Federal Code of Regulations (CFR). Companies who manufacture modified exhaust mechanisms and aftermarket exhausts that violate Federal noise emissions standards, a relatively safe and quiet noise emission standard represented by the OEM-factory installed muffler, should be civilly sued out of business and held criminally liable for the destruction of daily quality of life, the egregious health hazard, they have caused over the previous four-to-six decades in the United States and in every developed Nation around the World.

Companies who manufacture and retail these illegal exhausts like Magnaflow, Flowmaster, Vance & Hines, D&D, Yoshimura, Akrapovic, Cobra, Rinehart Racing, on and on the list goes and grows, these companies should be CRUSHED through the civil and criminal courts; yet, these culprit companies manufacture, distribute, retail, the illegal NOISE makers without any intervention from Federal and State regulators…perhaps it’s all about the money and to Hades with quality of life and health concerns where the law-abiding, tax-paying citizenry, is concerned? Why is this vehicular NOISE thuggery tolerated throughout the United States?

Motor vehicle noise has been regulated primarily for the health and safety, the daily quality of life, of the American citizen as unregulated motor vehicle noise is one of the prominent contributors to stress, heart disease, stroke, hypertension, as early mortality rates due to cardiovascular disease are directly attributable to unregulated traffic noise; unfortunately, enforcement of the 80dB(A) total noise emission restriction was delegated by the Federal Government to the States; tragically, our governors, county and local administrators, mayors, police chiefs, sheriffs, county commissioners and their law enforcement representatives have been an abysmal failure; this, while our Federal and State representatives have sold their soul to the man-induced climate change hoax, a money-making grab for politicians and globalists under the auspices of caring for the environment while vehicular NOISE thugs destroy the daily “climate” for millions exposed to their abusive, unlawful, NOISE; this, void any significant enforcement intervention…they’re all hypocrites, liars and thieves.

Unregulated motor vehicle noise is America’s true “national plague” and those who modify the relatively quiet, legal, regulated, factory installed muffler or replace same with a “not for road use,” closed course, racing, aftermarket exhaust and operate these illegally LOUD, illegally equipped, motor vehicles on our public roadways are irresponsible, selfish, narcissists who, with intent, audibly abuse America’s most innocent, our families, our children, the elderly, the handicapped; this, while our WOKE, impotent, law enforcement community; our State and local legislators who enact impotent vehicular noise laws; the judges who neglect to properly adjudicate violations of vehicular noise laws; law enforcement officers-judges-prosecutors who participate in and compromise with the illegal conduct, these are directly culpable for the destruction of our daily quality of life by undisciplined NOISE narcissistic thugs. 

Tragically, due to law enforcement’s ineptness, laziness, ignorance of the motor vehicle noise laws and applicable enforcement techniques, the naive general public has grown dangerously complacent relevant to the physiological and psychological harm done by exposure to illegally LOUD motor vehicles; in fact, far too many American citizens have been so thoroughly inundated with this NOISE plague decade after decade; this, while law enforcement does NOTHING to stop the abuse, these citizens naively believe the motor vehicle noise is actually legal and the LOUD automobiles, trucks, motorcycles, that abuse them daily were manufactured that way…to be intrusively LOUD. One of my major obstacles during my enforcement years relevant to the selfish, abusive, thugs, who ride and drive loud was the question “Whose complaining about it?” from administrators and/or their desk puppets…the reason so many don’t complain is due to law enforcement’s failures over the years to intercede on behalf of the vehicular noise beleaguered citizenry. The reason so few people take a stand against the audible abuse of our children, our elderly, our handicapped, our families, is cowardliness, ignorance, laziness and a selfish fear of “getting involved” and suffering retribution.

A government’s “first duty” is the “protection” of its citizenry from abuse, violations of a citizen’s rights to life, liberty, domestic tranquility, the pursuit of happiness. America’s public roadways, especially those in our larger municipalities, have become the property and stomping grounds of the abusive vehicular noise thug, an arrogant child who destroys the daily quality of life of millions without any fear of law enforcement intervention or vigilante retribution; vehicular NOISE that is audible, in many cases, over one-mile under hard acceleration. This sound energy is nothing less than a physical assault upon the American public as a whole.

During my enforcement years as a police motorcycle officer and especially as a police patrol officer searching for outstanding warrants, I found vehicular noise violations to be the most lucrative form of “probable cause” for a traffic stop as the selfish, narcissistic, individual who abuses our most innocent with illegal vehicle noise is the very same narcissistic individual who has a propensity to violate the law where warrants and suspensions mandating incarceration are common. Why is law enforcement not taking advantage of vehicular noise as probable cause for a stop and investigate? Murderers, thieves, pedophiles, gang thugs, biker gang thugs, drive or ride as well and far too many are representative of the vehicular NOISE thug; therefore, stop them, perform the obligatory back-ground check and arrest these abusers of the public and impound their noisy piece of junk until it’s returned to quiet OEM-factory noise emission standards.

I fear that vigilantism will be the only viable recourse for the Father dedicated to protecting his wife and children from rampant vehicular noise abuse that unlawfully intrudes into our homes, places of work and worship and recreation. It is not difficult to envision the day that America’s “men” will be forced to take matters into their own hands seeing that America’s law enforcement community is too weak, too cowardly, too ignorant of the law, too compromised, too WOKE, to stop the vehicular NOISE abuse of our families; it’s a shame that these NOISE bullies are allowed run amuck void any consequences, any personal accountability, for their abuse of our children, the elderly, the handicapped, our families; this, 24/7/365. I agree that not a single vehicular noise thug is worth a day in jail or life in prison but what other choice is provided the husband, the father, the caretaker, who has a responsibility, a moral obligation, to defend their family from abusive thuggery so prevalent in American society today; unfortunately, America’s “men” have been castrated by a feminized perverse society, environmental estrogen, political correctness, fear of standing for and doing what is right.

Finally, those who have taken a solemn oath to protect and defend the Constitution of the United States, to protect and defend the American citizen and our daily quality of life, these representatives of the law have failed and failed miserably; therefore, what is the law abiding citizen to do?

For additional information, see my detailed article on this subject: The Truth about Loud Motorcycles, Automobiles, Trucks, 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/

Motorcycle Noise Enforcement 101: https://rickeyholtsclaw.com/2016/09/12/motorcycle-noise-enforcement-101/

Loud Biker Thuggery: https://www.youtube.com/shorts/JtCf2jesg-A

Loud Biker Thuggery: https://www.youtube.com/shorts/IbwiIN4pH5k

Loud Auto Thuggery: https://www.youtube.com/shorts/Z4B8fKuYJQA

Fayetteville NC PD obfuscates their misfeasance relevant to enforcing motor vehicle NOISE violations while threatening to seize complainant’s weapons in retaliation… IAD complaint and video.

Subject: Officer misconduct, intimidation
Message: My name is Rickey D. Holtsclaw. I currently reside at redacted, redacted, FL 33, Ph #redacted. On September 24th, 2023, my wife and I entered the Sam’s Wholesale parking lot located at 1450 Skibo Road at approximately 2000 hours. Sam’s was closed for business upon arrival but I drove our RV to the front doors where I observed a police vehicle with blue lights activated parked near the doors. An older Black male in uniform stopped us and asked politely something to the effect “Where are you going or what are you doing on my watch?” I explained that we were low on fuel and was hoping to stay in the Sam’s parking lot for the night; we were tired and wanted to obtain some fuel in the morning and proceed to Cape Hatteras. The uniformed gentleman stated that it was okay to park next to the trees in the corner of the parking lot near the fuel pumps as that’s where all the RV’s park..he then asked “Do you have your nine?” I advised him laughingly that I was retired Houston PD and had my nine in the front and a 38 in the back of the RV…and he laughed as he told my wife “Don’t worry…he’s got ya protected;” this, in response to my wife’s question “Should we be worried?”

I then proceeded to drive our RV to the spot designated by the police officer at which time my wife prepared the RV for the night. We have five-rescue dogs in the RV with us and they needed attention as well.

While taking care of some business online, my wife and I were amazed at the vehicle NOISE and the racing of motorcycles and modified auto’s and trucks on Skibo Rd…I was concerned that we would not be able to sleep…we were tired and had been on the road a good part of the day having left Fort McAllister Park in Georgia that morning. The vehicular NOISE was so intrusive that I called the Fayetteville PD’s dispatch at (910) 433-1529 and pleaded for assistance. I did not request that an officer meet with me for a report nor was my address taken by the call-taker at dispatch.

Just prior to my wife and I preparing to settle down and hopefully get some rest, I heard a loud bang on the outside of my RV. The blinds were down; therefore, I could not see who was outside; therefore, I was very concerned for my wife’s safety especially subsequent my discussion with the officer earlier that led me to believe the parking lot might not be the safest place to stay the night. I donned my off-duty revolver in my right shorts pocket and carefully exited the RV via the side door. I glanced to the rear of the RV and observed a vehicle that appeared to be the same police vehicle I had observed earlier when speaking with the officer at the front doors of Sam’s. I then carefully proceeded toward the front of my RV where I observed two-officers armed and in uniform, one Black officer and one White officer, both appeared to be in their mid-to-late twenties. I immediately raised my hands into the air and advised the officers that I was armed and that I was a retired Houston Police Officer to which the White officer said something to the effect “You’re fine.”

The White officer advised me that Sam’s Club does not permit overnight stays in their parking lot on the weekends. I advised the officers that I had received permission from the security officer earlier to park and stay the night. There was some small-talk exchanged at which time I asked the officers why they were not enforcing the motor vehicle noise laws and interceding on behalf of the citizenry relevant to the racing up and down Skibo Road? The Black officer obfuscated with something to the effect that he had not observed them racing; therefore, he could not intercede; to which, I advised the officer that they could hear the noise at that very moment but the officer again obfuscated his responsibilities; to which, I advised the officers “shame on you both” for not interceding and doing their job. I then turned and walked away and reentered my RV in preparation to exit the premises.

When I entered the RV, I removed my off-duty revolver from my right shorts pocket and placed it on the bed in the rear of the RV. I then proceeded to get things in order, those things that were loose and could fall during transport; securing our ladder, laptops, and other items had to be secured before I could safely leave. My wife, at that time, observed the officers standing to the left-side of the RV laughing at which time the Black officer banged on the side of the RV at which time I opened the side door and the Black officer approached stating the following…

Officer: “How many weapons do you have in the RV?”

Complainant: “Two”

Officer; (with hand on his duty weapon) “Do me a favor and get your shoes on cause I’m gonna seize both of your weapons if you don’t go ahead and leave now.”

Complainant: “What? I have a permit for the weapons.”

Officer: “I understand but you’re acting aggressive so that’s enough for me to go ahead and seize your weapons. (“You made me feel uncomfortable”) Go ahead and grab your shoes and I need you to leave because I was looking through the window and I saw you had your hand on your weapon.”

Complainant: “I had to put the weapon up.”

Officer: “That made me feel very uncomfortable because of the way you’re acting.”

Complainant: “Ok…we’re leaving.”

Complaint continued…

There was no need for the Black officer to re-approach the RV nor was there a reason to threaten and attempt to intimidate because I chastised the officers for not interceding on behalf of the vehicular NOISE beleaguered citizenry who are abused day and night by those who operate illegally LOUD, illegally equipped, motor vehicles on our public roadways; obviously, void any intercession by the Fayetteville Police Department.

Subsequent my interaction with the officers, I immediately drove away having been denied the time to secure equipment in the RV for operation. Finding a suitable place to park, I public-serviced the Fayetteville PD Dispatch once again and requested the names of the officers that had interviewed me in the Sam’s parking lot. Dispatch advised that a “Trent Folk” was working an off-duty assignment at Sam’s that evening but she did not know the name of the secondary officer. I advised dispatch that my complaint was NOT with the White officer but the arrogance and unprofessional behavior of the Black officer; to which, Dispatch or the call for service taker stated that she did not know the officers or the name of the Black officer.

I noticed the poor rating the local citizenry has given the Fayetteville NC PD and now I understand why. The arrogance and unprofessional attempt at intimidation by the Black Fayetteville officer was unnecessary.
Sincerely,
Rick Holtsclaw
Video of last interaction with Fayetteville NC PD: https://www.youtube.com/shorts/EKHh2RilQWc