CLOVIS, Calif. (KION) — New questions are emerging after a confrontation during the Clovis Rodeo Parade over the weekend, where police ordered a group of motorcyclists to leave, calling them gang members.
Now, a legal expert says that the decision may have crossed a constitutional line.
The incident happened Saturday in the middle of the parade, when Clovis police approached a group of men wearing motorcycle club patches and told them to either remove the patches or leave the area.
The confrontation was captured on video.
In the footage, officers can be heard warning the group: “You guys are going to jail if you don’t leave.”
Police say the parade is a private event organized by the Clovis Rodeo Association, which does not allow gang-related clothing.
But members of the Five Diamonds Motorcycle Club dispute that claim.
“We’ve never been validated as a gang,” said member Robert Verduzco. “But under threat of being arrested, we left.”
Verduzco, who has been with the club for decades, says the group considers itself a motorcycle club, not a gang, and feels unfairly targeted by a community they say they’ve supported through years of charity work.
“I had my family with me, grandkids, wife, and we were just standing there watching the parade,” he said. “Officers started swarming up on us.”
The confrontation took place on a public sidewalk, raising legal concerns about whether the group’s First Amendment rights were violated.
An attorney who specializes in policing and First Amendment law says the distinction between private and public space is critical.
“Because the individuals were on a public sidewalk, there’s a real question whether they were actually attending a private event or simply watching from a public place,” Peter Bibring said.
If it’s determined they were on public property, the attorney says their actions, including wearing club patches, could be protected speech.
Verduzco says he plans to send a letter to the Clovis Police Department demanding clarification.
“If they can say we’re not considered a gang, and this won’t happen again, I’ll leave it alone,” he said.
In a statement, Clovis police said: “Members were asked to either remove their cuts or leave the area. Thankfully, they complied and left. If an arrest had been made, it would have been for Clovis Municipal Code 5.27.509.”
However, that municipal code appears to address behavior, not clothing.
Legal experts note that while courts have reviewed cases involving alleged gang-related attire, clothing like motorcycle patches can still be protected under the First Amendment.
“It doesn’t mean that it’s not protected speech,” the attorney said.
The Clovis Rodeo Association, which organizes the parade, released a brief statement thanking the city and police for maintaining a “safe, family-friendly celebration,” but declined to clarify specific rules about attire.
Meanwhile, members of the Five Diamonds Motorcycle Club say they’ve attended the parade wearing the same clothing for years without issue, until now.
They say they are considering legal action if they continue to be labeled as a gang.