Biker-Lawyer Seeks Access to Police Files

An attorney with a fondness for motorcycles should soon know whether he will be able to look at Simi Valley Police Department records in the hope of proving that the department discriminated against bikers at a recent charity “poker ride.”

On Wednesday, Municipal Judge Rebecca S. Riley is scheduled to rule on discovery motions filed by Tarzana attorney Allan B. Gelbard.

Ticketed on suspicion of making an illegal left-hand turn at the Hells Angels-sponsored poker ride in September, Gelbard is attempting to have the traffic citation dismissed on the grounds that officers selectively ticketed bikers.

At the charity event--which concluded at the Simi Valley Elks Lodge--police arrested six people and wrote citations against 45 more. About 25 people received verbal warnings.

Police Chief Randy Adams has said repeatedly that the only people cited at the poker ride--which drew about 1,500 motorcycle enthusiasts from across Southern California--were those who did something illegal.

At the discovery hearing, Gelbard argued that police went out of their way to find legal fault with the ride participants, some of whom were Hells Angels. He denies making any illegal turns at the event.

“The only [bikers] who weren’t ticketed were those who drove by when all the police were already writing tickets,” he said. “I don’t think there’s any question that this is a roust.”

Gelbard and other bikers believe they were targeted unfairly because of something that happened over the summer. That’s when eight Simi Valley police officers returned their Officer of the Year plaques to the Elks after the fraternal organization’s members voted to allow the Hells Angels-sponsored event to take place at their lodge.

Representing Joe May, the Simi Valley police officer who wrote the ticket, Deputy Dist. Atty. Joe Weimortz said Gelbard is barking up the wrong tree because it is the Ventura County district attorney’s office, not the Police Department, that decides whether to prosecute traffic infractions.

He further contended that it takes “more than one day to prove invidious discrimination” against a group, be it bikers, women or minorities.

After Riley rules on the discovery motions, she will consider Gelbard’s motion to dismiss the citation in November.

In a separate but related case, Gelbard has filed an $11-million class-action lawsuit in U.S. District Court in Los Angeles. In that suit, he accuses the police and the city of Simi Valley of violating bikers’ civil rights under state and federal law.