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Biker Discrimination Battles Continue

Posted on Sep 01, 2009

Posted 5/28/2008

Kim Vanden Busch recently applied for a Class “B” beverage license in Green Bay, Wisconsin for an existing bar that she leased out but now wants to run herself. She submitted a business plan to the city, which was initially approved, but when the plan was returned to her for her signature, two additional items were included. She was instructed that she would be required to display a dress code at the entrance to the business, indicating No Biker Club Colors. In addition, all staff members would be required to uniformly enforce the dress code, specific to Biker Colors.

Kim was upset and appealed the added wording on her business plan to the Protection and Welfare Committee, with a hearing set for May 14, 2008. Meanwhile, ABATE District Director Dan Van Linn called Tony “Pan” Sanfelipo at Hupy and Abraham, S.C. and requested that he testify at the hearing. Tony is the founder of ABATE of Wisconsin, and National Director of BOLT. He agreed and appeared before the committee one day after speaking to Van Linn.

Tony explained to the committee that neither the city nor the police should decide who a private business can have for customers. There were no complaints or violations against Ms. Vanden Busch, and no violations for the bar. Why then did the police insist on the “no colors” dress code? The police indicated it was a safety measure aimed at avoiding problems between clubs, yet nearly all the clubs in Wisconsin belong to either the Federation of Clubs or the Allied Clubs of America and they all get along.

As a matter of information, Tony explained that there were issues involving the violation of the right to free speech and association here, and he asked whether this code was designed not to regulate safety but rather to regulate identity. After all, colors are the club’s identity. It’s who they are.

He ended his testimony by reminding the committee that Hupy and Abraham, S.C. represented the Outlaws MC when it was asked to leave Summerfest grounds for nothing more than wearing their colors, and won that case in Federal Court.

The firm also represented bikers in Hudson, Wisconsin, who were told they couldn’t wear colors in Dibbo’s Bar. That restriction was lifted and bikers can once again wear colors in the bar.

Finally, Hupy and Abraham, S.C. were contacted by bikers in Dwight, Illinois, who were told they couldn’t attend a harvest festival there while wearing their colors. Although the attorney for the so called A.B.A.T.E. Legal Services plan didn’t help, Michael Hupy drove down to Dwight and met with the clubs, the town council and the police. The colors ban was lifted after those meetings. In all of these instances, Hupy and Abraham, S.C. represented the bikers pro bono.

The Green Bay Protection and Welfare Committee has tabled this issue, pending a full committee vote in about a week. Members of the committee later commented to Van Linn that this was one of the best attended and productive meetings they have had. There were about 50 people there, including members of ten different clubs. It’s hoped that the city will remove the dress code restriction from Kimmer’s Bar & Grill business plan.

The motorcyclist’s rights community is ready to seek a remedy if this unfair restriction remains intact.