By now you know whose side you’re on.
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The court's spellcheck is apparently not working |
On June 18, lawyers for the Insane Clown Posse will argue
that the Justice Department violated the band’s free speech and due process
rights – and those of its fans - after a 2011 FBI report determined those fans,
“Juggalos,” are a gang.
Appellate arguments are scheduled in the Sixth Circuit Court
of Appeals in Cincinnati.
Each side gets 15 minutes. It’s one more legal stop in the case
of the Juggalos vs. the Feds, a case that was
filed
in January 2014.
A federal judge in June 2014 ruled that the plaintiffs - ICP and four of its fans - did not prove harm in their arguments in the original
case. They alleged the report led
to targeting by police for wearing hatchetman or ICP-related jewelry, clothing
and tattoos.
U.S. District Judge Robert Cleland said the U.S. Justice
Department is not responsible for how authorities use the bi-annual national
report on gangs.
The report "does not recommend any particular course of
action for local law enforcement to follow, and instead operates as a
descriptive, rather than prescriptive, assessment of nationwide gang
trends,"
Cleland
said in his ruling.
The inclusion of Juggalos in the report was based in large
part on news clippings sent to the FBI by various, mostly small town law enforcement
agencies responding to an email from bureau employee.
The gang designation led to articles in police publications such
as
this one titled, “Three things cops need to know about Juggalos.”
From the July 2014 article at PoliceOne.com: Their philosophy and dress is derived from the Insane Clown Posse and
Psychopathic records “Dark Carnival” from a set of 6 albums. Law enforcement
professionals should be aware that this group routinely attracts members who
come from difficult lives filled with trauma, parental neglect and, in many
cases, serious mental disorders.
This combination makes
them easily manipulated by their leadership of radical organizations such as
the Juggalos who have for the past several decades used these groups as
recruiting centers.
Dale Yeager of Seraph
— a Department of Justice Criminal Behavior Analyst on the Juggalos — said, “As
various extreme environmental, animal rights and anti-globalization groups
become emboldened by increased funding from NGOs and leftist political action
committees, the use of youth movements such as Juggalos for recruitment of
members will increase.
In a legal brief filed in February on behalf of ICP, lawyers
allege that the Department of Justice “maintains a digital warehouse containing
Juggalo data that – by Congressional design – plays a leading role in law
enforcement’s identification of gang members. The warehouse includes an
encyclopedia of gang images and a database of materials cataloging distinctive
First Amendment-protected Juggalo symbols such as the hatchetman logo and other
ICP-related symbols and other information about these music fans. “
It goes on:
“Within these
materials, the DOJ does not provide any way for law enforcement to distinguish
the vast majority of law-abiding Juggalos from the purported “subsets” of gang
members. Now, the DOJ suggests only a circular definition that the good
Juggalos are the ones who don’t commit gang-related crimes.”
Read the plaintiff’s brief
here.
The Department of Justice hammers at what it claims is a
failure to prove injury on the part of ICP and the four Juggalos, The DOJ insists that the gang report does not designate Juggalos as a gang. Instead, “the Report provides information on trends
in gang activity, as reported to [the gang intelligence center] by other law
enforcement entities. “
Read the government’s brief
here.
Some say it comes down to the way the law is set up. The Feds
can declare any group a gang. There is no established way to directly challenge
such a designation. That leaves something blandly called the Administrative
Procedures Act, which must be named so in order to get us to fall asleep before we
can do anything.
But ICP is using that to challenge the FBI. And the Feds claim that
the – wait for it – Administrative Procedures Act requires some sort of
conclusion. That is, it has to be etched in stone that the Juggalos are forever
a gang. And the FBI report didn’t do that for anyone, not the Crips, not the
Bloods, not the Juggalos, insists the DOJ. It makes it a legal chore to dispute when the FBI says you’re a
banger.
“Even if you have the money, the law is set up to make it difficult to undo either a state or a federal authority calling your group a gang,” says Alex Alonso, who runs the website
streetgangs.com and has testified over
50 times in gang-related cases.