Statement of Facts

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


William Thomas, et. al.       |   
      Plaintiffs pro se,      | 
                              |      
       v.                     |          C.A. No. 95-1018
                              |       Judge Charles R. Richey
The United States, et. al.    |      
      Defendants.             |

STATEMENT OF MATERIAL FACTS NOT IN DISPUTE

Pursuant to Fed. R. Civ. P. 12(I), District Defendants respectfully submit the following Statement of Material Facts not in Dispute.

1. Plaintiff William Thomas has been in Lafayette Park expressing and communicating his opinions since July 19, 1983. Trans. 5,6.

2. Plaintiff's sign structure forms a platform, which serves as a seat and backdrop for his signs, and measures 4' by 4' by 4' Trans. 34.

3. Plaintiff's platform requires two adults to move it from the street to the sidewalk bordering Lafayette Park. Trans. 33.

4. On May 26, 1995, Captain Radzilowski of the Metropolitan Police Department asked plaintiff several times to move his platform after plaintiff relocated from his original position in Lafayette Park to the middle of Pennsylvania Avenue. Trans . 6,7,29,31.

5. Plaintiff refused to obey Captain Radzilowski's repeated requests to move his platform. Trans. 7,32.

6. Pennsylvania Avenue is under the exclusive control and jurisdiction of the D.C. Metropolitan Police Department. D.C. Code sec. 7-101.

7. Pennsylvania Avenue remains open to pedestrian traffic, emergency police and fire vehicles, and presidential motorcades. Trans. 35,36.

8. Plaintiff has had a permit and may place his platform in nearby Lafayette Park. Mr. Thomas has done so for over ten years. Trans. 6,8.

9. Plaintiff did not have nor try to obtain a permit for his platform from the District of Columbia to occupy space on Pennsylvania Avenue. Trans. 8,9.

10. District Municipal `Regulations require that any individual seeking to use public space beyond the extent permitted by existing laws or regulations obtain a permit. Permits will not be issued if the additional use will endanger the public, substantially interfere with pedestrian or vehicular traffic, or substantially increase the area of public space that the applicant for the permit may use by other laws or regulations. 24 D.C.M.R. sec. 100.1.

Respectfully submitted,

________________________

GARLAND PINKSTON

Acting Corporation Counsel, D.C.

MARTIN L. GROSSMAN

Deputy Corporation Counsel, D.C.

Civil Division

_________________________

WILLIAM J. EARL

Chief, Major Case Section

BY:

BRUCE BRENNAN, [280461]