Hells Angels fight patch ban
By SIMON WOOD - The Dominion Post
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The Hells Angels have launched a last-ditch bid to block a bylaw that bans them from wearing their patches on the streets of Wanganui arguing they are a club, not a gang.
The motorcycle gang, which has a fortified headquarters in the city, said the move would breach the Bill of Rights. It has hired a lawyer to fight Wanganui District Council's bid to become the first city to ban gang insignia.
Five Hells Angels members will argue their case before a council subcommittee on Friday.
In submissions to the council, the bikies wrote:
* "Hells Angels Motorcycle Club is not a gang but a motorcycle club and patch not worn to intimidate but show membership of a club with common interest brotherhood and motorcycling." Shane Bullock
* "I as a member of the Hells Angels `motorcycle club' have been wrongfully and unjustly targeted without merit of resnable grounds, with total disregarde to our club protocol and culture and to be able to wear out club colours as I have done for years." Bevan Parker
"[I seek to be] free to wear my motorcycle colours insignia (etc.) wear ever I want to. Respect that we are a motorcycle club, not a (gang) and we live to ride and ride to live." Robert Britton
The gang is one of 10 whose patches will be banned if the bylaw is passed.
Offenders could be fined up to $2000 and have their patches confiscated if they ignore the rule.
Hells Angels members at the gang's Wanganui headquarters would not comment yesterday.
But Christchurch lawyer Steven Rollo confirmed he had been hired to fight the bylaw, saying he would not rule out court action.
His nine-page submission says the Hells Angels are not a gang, do not exist for criminal purposes and that members are mostly in full employment and active in the community.
"It has a reputation which it does not entirely deserve and which is founded on the exploits of individuals that tend to be exaggerated."
Mr Rollo said the ban would do little to stop gangs publicly expressing their allegiance, as they could still wear colours and use slogans and hand signals.
Hells Angels members usually wore patches only when riding their motorcycles, at their headquarters or at events, and did not use them to intimidate the public. The bylaw clashes with the Bill of Rights, his submission says.
Whanganui MP Chester Borrows, who sponsored the anti-gang patch bill allowing the bylaw, said he was confident it was legally sound. The gang should have made a submission during the select committee process.
Wanganui Mayor Michael Laws said the argument that the Hells Angels were not a criminal organisation was extreme. "We'll see what proof they have [on Friday] to suggest that we're wrong, but there doesn't seem to be a lot of it."
Council for Civil Liberties spokesman Michael Bott said freedom of expression, including the right to wear anything, should apply to everyone.
The bylaw's inconsistency with the Bill of Rights meant the Hells Angels could potentially argue their case in the Supreme Court or at the United Nations, he said.
Councillor Rob Vinsen, who opposes the bylaw, said the Hells Angels' stance had opened a can of worms. "Every time the council tries to use this they will be fought all the way by lawyers."
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the council must define the word 'gang'..you can not assume a person is a member of a 'gang' when there is no definition of the word, and therefore no proof can be given that the person is adhering to the definition..for example, if colours and insignia are all defined as being 'gang' related,then the colour blue and the insignia of the nz police would be in effect, 'gang' related!.arrest me officer!
The bylaw may well be passed by council, but if it is enforcable may be a totally different question. I hope the HAMC fight the legality of the bylaw, all the way to the High Court and have it overturned. It will not be the first time a council have introduced a crazy law, and then had it ditched, at the rate payers expense.
This whole bylaw is totaly rediculous. Government telling people what they can wear, whats next , "Dictating" what we can say perhaps ? Think we have to side with good ol Ben Franklin on this one, and maybe punish the fools wasting taxpayer funds to come up with a totaly unconstitutional, un-enforceable law. Dont they have something better to do ? this is not only targeted at the Hells Angels, but at any MotorCycle club or aparnetly any groups a jacket with an insignia on the back
"Whanganui MP Chester Borrows, who sponsored the anti-gang patch bill allowing the bylaw, said he was confident it was legally sound. The gang should have made a submission during the select committee process"
My bet is that they were not invited to comment for obvious reasons
Aaron #30 you talk about making membership of these gangs illegal, well maybe its time New Zealand to look at what South Australia have done, read this story http://www.brisbanetimes.com.au/news/national/south-australia-to-ban-bikie-gangs/2007/11/20/1195321762225.html from 20 November 2007 about a proposal to bring in a law effectively classifying these gangs as urban terrorists, I'm not sure what's the status of this law as I live in QLD but it at the time certainly was a gutsy proposal, something politicians are not normally noted for, a story I do remember from QLD from a number of years ago was that the QLD police got word that several MC gangs were heading for the Sunshine Coast for a big meet and the police basically said publicly that they would be waiting at the Coolangatta border for them, not sure if they ever came or not
Bob #10 Wakeup to yourself - they are a bike club not a street gang
WHAT WOULD HAPPEN IF I,NOT BEING A MEMBER,WALKED AROUND TOWN WITH A HELL'S ANGELS PATCH ON MY BACK.I DON'T THINK THEY WOULD ASK FOR IT BACK.
watch out super-grans..beta not patch up
I would be willing to stake a lot on the fact that most if not nearly all of the people voting in favour of the title of a 'gang' truly have no idea what honestly goes on and what these clubs are like. The ignorance of some people is disgusting. I wont deny that there are SOME members in SOME clubs that MAY do some questionable things, and it seems that the media jump at any chance to thrust this into the spotlight. But for every bad member, the general public just doesn't understand there is many more good members. Members that work in YOUR community, making YOUR life more convenient.
to those members of the hells angels group reading this. you have jnonods full support in the wearing of your gang i mean group insignia. hope your appeal goes well, if your ever in hamilton you can stayy at our place. we can have bacon,
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if you look like a dog...walk like a dog....bark like a dog....guess wot???.....YOUR A DOG