Id. at 45. The Review also recommended, based on the same
reasoning, that vehicular traffic on State Place and the portion
of South Executive Avenue that connects into State Place also be
prohibited. Id.
7. Based on the Review's recommendation, and pursuant to
[12 While the Review acknowledged that it could not make
public the details of many of its findings, the Treasury
Department made every effort to assure the thoroughness and
objectivity of the Review. See Exh. B at 7.]
3
statutory authority, on May 19, 1995, Secretary of Treasury
Robert E. Rubin ordered that:
"The Director, United States Secret Service, is
directed to close to vehicular traffic the following
streets in order to secure the perimeter of the White
House: (i) The Segment of Pennsylvania Avenue,
Northwest, in front of the White House between Madison
Place, Northwest, and 17th Street, Northwest, and (ii)
State Place, Northwest, and the segment of South
Executive Avenue, Northwest, that connects into State
Place, Northwest." Defts' Facts, para. 7.
60 Fed. Reg. 28435 (May 31, 1995), copy attached as Exhibit C.
Id. On May 20, 1995, the foregoing streets were closed. 60
Fed. Reg. 27882 (May 26, 1995), copy attached as Exhibit D.
8. On May 26, 1995, the Secret Service published a Final
Rule, explaining that the Secret Service had restricted access to
the streets at issue based on the Review's recommendation
contained in the Classified Report. Exh. D. The Director of the
Secret Service found that the street restrictions were necessary
to provide appropriate protection for the President, the First
Family and those working in or visiting the White House Complex.
The Director also noted that this urgency had been accelerated by
recent events, including the bombing of a federal building in
Oklahoma City. Finding the rule involves a matter relating to
public property, the Director concluded that the APA's notice and
comment procedures and delayed effective date were not required.
Nevertheless, even if such procedures could be found to apply,
the Director concluded that notice and public comment procedures
for the rule would be "impracticable and contrary to the public
interest because any delay in this action will result in an
4
unacceptably high risk of danger to the President, the First
Family, and others in the White House Complex." Exh. D, 60 Fed.
Reg. at 27885.
9. Plaintiff is an individual who alleged, has since 1981
"devoted his life to regularly communicate with the general
public on issues of broad concern, in Lafayette Park." Amended
Complaint at 2.
10. In the afternoon of May 26, 1995, plaintiff placed a
structure containing a sign and a seat in the restricted section
of Pennsylvania Avenue. He was approached by defendant D.C.
Police Captain Michael Radzilowski, who informed him that he
would have to remove his structure from the street. When
plaintiff refused to do so, Captain Radzilowski ordered him to
remove his structure. Plaintiff again refused and was arrested
and charged with failure to obey a police officer. Amended
Complaint, ¶¶ 22-34.
Respectfully submitted,
__________________________
ERIC H. HOLDER, JR.,
D.C. BAR #303115
United States Attorney
MARINA UTGOFF BRASWELL,
D.C. BAR #416587
Assistant United States Attorney