Hollister
– Although they are a common sight on San Benito Street, the
vests of the Top Hatters motorcycle club won’t be seen at this
year’s Gilroy Garlic Festival.
Hollister – Although they are a common sight on San Benito Street, the vests of the Top Hatters motorcycle club won’t be seen at this year’s Gilroy Garlic Festival.
The 9th U.S. Circuit Court of Appeals ruled on Monday that the festival and City of Gilroy did not impede the Hollister-based Top Hatters’ right to freedom of speech or assembly in 2000 when four members of the club were told to leave the festival because they were wearing vests with club insignias featuring cross bones and a skull wearing a top hat. That same year, the Garlic Festival Association had adopted a policy banning gang-related clothing at the event.
According to the court opinion, since the Top Hatters Motorcycle Club’s insignia did not have a clear and constant message, it is not protected under the First Amendment. The city did not violate the members’ right to assembly because they were not expressing themselves when police escorted them out.
George Villegas, a 51-year-old Hollister resident and Top Hatters member since the club was re-established in the mid-1990s, was booted from the festival in 2000.
Villegas expressed disappointment in Monday’s decision.
“We feel we’re no different than any other club or organization in this area,” Villegas said.
When Villegas entered the festival, he and the three other members were told that if they didn’t remove their vests, they would have to leave, he said. After the four men refused, the Gilroy Police Department escorted them out of the festival and refunded their entrance fees, Villegas said.
“We resent being called a gang,” Villegas said. “We’re a motorcycle club.”
In 2001, the motorcycle club filed a complaint that the festival had violated its right to free speech and the city had violated its right to free assembly.
After a court decision ruled in favor of the festival and city, the motorcycle club appealed, seeking a change in the dress policy and reimbursement of legal fees.
Brian Bowe, executive director for the festival, said the association is pleased the decision was upheld. Bowe said it’s the festival’s policy to provide a safe atmosphere for all attendees and volunteers.
“What really is important to recognize here is we’re a celebration of food, fun and family,” Bowe said.
Attorney Randolph Hammock, who argued the appeal on behalf of the Top Hatters, said the motorcycle club is a fraternal organization that supports the peaceful family atmosphere the festival officials are promoting.
Hammock said the motorcycle club is a victim.
“It just goes back to the stereotype of bikers,” Hammock said.
Cesar Flores, the secretary for the Top Hatters Motorcycle Club, said the organization is involved in charity work, raising money for school scholarships and donating food to the elderly.
“If they think that some group like that is going to be a threat, they’re sadly mistaken,” Flores said.
As for further appeals, Hammock said he and the Top Hatters will discuss their options. An appeal could be made to the entire 9th U.S. Circuit Court of Appeals, which would go before 30 judges, or the U.S. Supreme Court, he said.
“I wouldn’t be surprised if we take it to the next level,” Hammock said.
Michael Van Cassell covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 335 or
mv*********@fr***********.com
. Gilroy Dispatch reporter Christopher Quirk contributed to this story.
