Biker jacket injunction appealed

RENO -- An injunction that would allow people wearing biker jackets to enter the Carson City Courthouse has been taken under advisement by a federal appeals court.

Fourteen motorcycle enthusiasts cited for wearing jackets bearing biker insignia are challenging the courthouse rule in federal court.

They are seeking an injunction to prevent the court from enforcing the rule while they move forward with a federal civil rights lawsuit.

The issue is before a federal three-judge panel of the Ninth Circuit Court of Appeals, according to deputy attorney general Andrea Nichols.

Both sides argued the case on Tuesday.

A federal lawsuit and request for an injunction was filed April 19 on behalf of 14 motorcycle enthusiasts who were cited for attempting to enter the courthouse wearing their jackets.

In June, U.S. District Court Judge Philip Pro denied the request for an injunction to prohibit the courthouse from enforcing the dress code while the civil lawsuit is pending.

According to court rules, "The following is not allowed in the Courthouse: Clothing, attire or 'colors' which have symbols, markings or words indicating affiliation with street gangs, biker or similar organizations. Such clothing or attire can be extremely disruptive and intimidating, especially when members of different groups are in the building at the same time."

Attorneys for the motorcyclists claim the rule is a violation of their First Amendment rights.