From: Kenneth J. Rogers; Devils Disciples M/C
RE: Pima County Sheriffs Discriminatory Actions of Officers Ruiz Badge #1144 and Moretz Badge #1243.
Date: 13 Mar 2009
Tanque Verde Swap Meet
Tucson, AZ
My girlfriend and I, along with our daughter, her husband, and our grand daughter were walking through the Swap Meet shopping for baby clothes and other things for the baby. We were not causing any problems or being a problem just walking and looking at the merchandise. While we were walking two off-duty Sheriffs deputies were standing off to the side of the aisle and called me over to talk to them. They told me to take off my patch because it was a gang affiliation and was not allowed. I then told them that I was not a gang member that I was a member of a motorcycle club, that they were violating my constitutional rights, and that policy was discriminatory.
They said take it off, regardless of club or gang, I was recognized as an OUTLAW GANG, and was not allowed to wear it. I was on private property and it was the request of the management. I then informed them that if the management came and asked me to take it off and not demand that I do so that I would comply. They then told me to take it off or go to jail. I said I would go to jail and turned around and put my hands behind my back.
At that time the two deputies started handcuffing me and the officer on the left of me asked why didn't I just do what they said? I turned my head to answer his question and the officer on the right started twisting my arm straight up and behind me. I asked him why was he doing this. I was not resisting in any way and was going voluntarily not creating a problem. He again twisted my arm telling me in a loud voice (and by this time drawing a crowd) to stop resisting.
I was not resisting in any way he was trying to provoke me into fighting. I then advised him that I knew what he was trying to do and it was not going to work. I had voluntarily offered to go to jail and was not resisting. He then quit twisting my arm and finished hand cuffing me. They then led me to the swapmeet office and wrote me a summons for criminal tresspass and gave me a court date.
The manager then gave me a speech about family atmosphere and policies and a business card and said I had to write a letter to the owners with apologies explaining why I should be allowed back to the swapmeet otherwise, I would be arrested for trespassing again. In other words I can't go to the swapmeet ever.
This policy was not in effect just a few weeks earlier when I had purchased some food at their concession and sat down on their broken picnic table seat which fell out from under me. The attitude then was completely different. He paid for our food, offered ice packs, replaced the pair of glasses that I broke and was willing to do anything to help. I had my patch on that night too. I injured my right elbow and shoulder in that incident and was sore for a couple of weeks but didn't raise a stink. I asked him why was he choosing to raise the issue of the patch now.