Order in Huddle v. Reagan, 1990

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     MARY HUDDLE, et al.,       |
                 Plaintiffs     |
                                |
            v.                  |  Civil Action No. 88-3130 (JHG)                
                                |
     RONALD WILSON REAGAN,      | 
     et. al.,                   | 
                 Defendants.    |


ORDER

On September 16, 1990, plaintiffs filed motions for a writ of mandamus and for a temporary restraining order, alleging that on or about June 13, 1990, park officers seized two flagr used by plaintiffs in violation of their first amendment rights. In their September 24, 1990 opposition to plaintifffs' motion, defendants contend that the flags were seized because they were affixed to a sign, thereby making the signs larger than permitted by regulation, and that the flags may be used as evidence in a possible criminal proceeding.

On September 28, 1990, plaintiffs filed a conditional motion to withdraw their motions of Septamber 18, 1990 in the event that the Court does not resolve this matter quickly and in their favor. Defendants subsequently informed the Court on October 4, 1990 in a supplemental memorandum concerning plaintiffs' motion for temporary restraining order and petition for a writ of mandamus that "the Criminal Division has now decided that it will not prosecute Picciotto for her June 13, 1990 violation" and that "[i]n light of that decision, defendants have no objection to the return

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to Picciotto of her flags." Defendants' Supplemental Memorandum, p. 3. Accordingly, it is hereby

ORDERED that the flags shall be made available for return to plaintiffs a immediately as possible and no later than October 16, 1990.

IT IS SO ORDERED.
October 12, 1990.

_____________________
JOYCE HENS GREEN
United States District Judge