City erred by telling man to remove jacket, says federal court

The Associated Press

04.13.00

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KEIZER, Ore. — A Gypsy Joker motorcycle club member has won a $16,500 judgment and an apology from the city of Keizer for being told he had to take off his club jacket if he wanted to remain at a community-policing meeting.

Portland lawyer Spencer Neal said April 10 that Mike Kondash came to the July 7, 1999, meeting and barbecue at City Hall with family members, but was told the police chief considered his jacket to be intimidating.

He refused to take off his coat, opted to leave and subsequently sued in federal court.

"The police must obey the law like anyone else," Neal said.

"The First Amendment to the U.S. Constitution protects Mr. Kondash's right to wear his club insignia."

Keizer Police Lt. Kent Barker said Kondash "was asked to take his jacket off because he was making people uncomfortable." Neal responded that the police reacted more than the private citizens.

"It's all about power," Neal said.

Police Chief Marc Adams wrote to Kondash: "I recognize that you are a member of the Gypsy Joker Motorcycle Club and have the right to wear your motorcycle club insignia to any event open to the public. I regret any previous misunderstanding regarding this right and have now reminded my officers of it."