From Behind the Lens
October 2007
By Colleen Swartz
Welcome to the “Fourth Amendment Free Zone”
Two years ago I wrote a column called “Survival in Sturgis” which was run in Quick Throttle Magazine. It told the story of how 2 of my crew were arrested during Sturgis in 2005 and both were able to buy themselves out of jail and more importantly, out of charges with a “voluntary donation to the Meade County Fund”. Although I took advantage of this offer at the time, it deeply disturbed me. This was 2 years ago for me.
Now some residents in Sturgis are questioning how a "donation" to the Meade County General fund is being used to get people out of jail faster once they’re arrested during the Sturgis Motorcycle Rally. One attorney says it seems like a bribe to some. I question the constitutionality of a monetary policy that removes the option for equal justice for all and have everyone treated equally not depending on their income or where they live. The biggest concern that people seem to have is that there is no set amount….and it has to be paid "today." And they don’t know where the money goes.
Meade County State’s Attorney Jesse Sondreal said quote, "I’m not going to apologize for what we’ve been doing…..It’s nothing we’re ashamed of." He says they have to move people through the jail quickly or they’d have no room for offenders. He says donation amounts vary because each case is different and if people are at a different income level, that’s taken into account. Sondreal also says this system is helpful for the county because law officers from other states would have to be brought in from around the country to testify at any trial. He questions who would pay for that. But, don’t expect to be able to make a donation plea after Rally Week. Sondreal says it’s only during that time of year, and the money goes back into the general fund to offset costs because Meade County doesn’t make any tax money off the rally like the City of Sturgis does.
Last year I wrote a piece called “Murder in Sturgis” detailing the involvement of Mr. Sondreal yet again in the murder case of Frank Rosanova, an acquaintance of mine, who was murdered during the 2006 Sturgis Rally and whose murderer was let to walk free without any charges. I could not find an editor who was willing to run that piece and as I would have had to hire a lawyer myself to even assert the accusations I was making, that piece of journalism never saw the light of day. (you can read that piece on my blog at www.myspace.com/colleenswartz)
After the past 2 years of seeing blatant disregard for judicial procedure, fair and honest dealings by the police with rally goers and a judicial system that is set up more like a vendor than a court of law, the 2007 rally once again has reinforced my opinion that Meade County has spiraled into a jurisdiction of corruption, harassment, martial law and constitutional abomination that would have the ACLU and Amnesty International’s heads spinning.
What are we going to do about it?
Chris “Wildman” Callen, Editor of Cycle Source went out trying to get pulled over, hair out, tattoos exposed on a "not normal" looking bike; nothing happened so he thinks no profiling existed. Others would suggest that this was because the rally numbers were down for another year and they were looking to replace their lost budget money. To get some clarity we went to the Governor of South Dakota and although his aide got back to us immediately with a request for our questions, we got no response before we went to press. One thing’s for sure, if this is the types of treatment the law enforcement during the Sturgis Rally intends to give its patrons; the numbers will continue to fall. People aren’t going to put up with the "Us vs. Them" bullshit from the sixties and seventies, they’ll just check out.
And they are checking out in huge numbers. Jay Allen, owner of “The Broken Spoke Saloon” had his finger on the pulse of the rally by talking with his beverage distributors. Jay has always said that estimated attendance at these events are sketchy, at best, and the best way to know your numbers are to see how many bottles of beer, soda and water are distributed at an event to gauge true attendance. 2005 was down 30% from 2004 and 2006 was down 40% from 2005 and this year, Jay felt it was off nearly 50% from last year. I saw it everywhere I went. Traffic was more manageable than I have ever seen and crowds just weren’t what they used to be.
What is the reason for this drop in attendance in the hills of South Dakota? I don’t think we can attribute it to any one reason but I propose that the number of events around the country available to bikers, the economy and the price of gas are secondary, by far, to police harassment in Meade County. After last year when my friend was murdered, I swore that if it weren’t for my job, I would never return to Sturgis again during rally week.
Let me tell you about Stan Tipton. Stan was pulled over four times during his 6 day trip to Sturgis. Not one citation was issued. Twice Stan was pulled over on his ’72 chopper in that 35 mile per hour zone heading from Lazelle Street to Full Throttle. Stan was first pulled over by a state trooper who as Stan put it “Got in my face” about his for “wobbling”. Stan explained that on a 35 year old bike in a 35 mile zone, it was not an indication of intoxication, but rather a fact of life. The officer told him to put that bike away and not ride it in Sturgis and Stan went on his way. About 300 yards down the road another officer pulled Stan over for the same thing. Stan told me this officer was much nicer about it and even offered to follow Stan the remaining mile to his campsite so he wouldn’t experience any more problems with the cops. Stan put away his classic ride for the rest of the trip.
The most disturbing story from Stan was the stop that he received on his way out of town. Stan had packed up his bikes in the back of his pick up truck and was heading out of town. Stan had been at a party the night before where he had received a necklace from Budweiser that looked like heavy steel chain even though it was plastic. Stan was wearing that necklace when a pretty lady approached him and asked him if she could have it. She offered a trade of her fake pot-leaf Hawaiian lei and when Stan told her he was a drug counselor, she laughed and said, “all the more reason to have it!” Stan had made the trade and had made a friend and as he packed up to return home he found that lei and hung it over his rearview mirror as a funny souvenir from Sturgis.
When Stan was pulled over by the cops in his truck on the way out of town he regretted hanging it there. They had profiled him and even though Stan told the officers the story, they proceeded to do a full search of his vehicle while Stan sat in the back of a squad car. Stan told me that they had everything everywhere. They pulled out his luggage, his cooler, his shaving kit, the entire contents of his cab and had it laying all over the side of the road. Of course, they didn’t find a thing and they carelessly threw open suitcases unpacked back into the bed of the truck. As Stan retook possession of his vehicle one of the officers nonchalantly told Stan, “you better clean up your truck, it’s a mess.” as he walked away. Adding insult to injury, Stan resolved to never to return to Sturgis South Dakota.
I don’t blame Stan. I was at the exact same point 2 years ago and if I were a normal human being, I wouldn’t go back.
Sturgis and Meade County are trying their hardest to drive away the one thing that keeps them financially afloat. Unfortunately, they are succeeding. Are we all going to abandon the holy ground of Sturgis? Are we going to let the powers in Meade County stop on our constitutional rights, obstruct justice and feed unchecked on greed and corruption? Are we going to investigate these assertions and stand up for our rights? Unfortunately there is much to be lost by local businesses standing up for our rights; it may be up to us.
Know your rights: Go to http://www.flexyourrights.org/traffic_stop_scenario and review your rights for illegal search and seizure under the 4th Amendment.
And that is how I see it, From Behind The Lens
