UNITED STATES DISTRICT COURT
Statement of Facts
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. |
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.
6. Pennsylvania Avenue is under the exclusive control and jurisdiction of the D.C.
Metropolitan Police Department. D.C. Code
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.
Acting Corporation Counsel, D.C.
MARTIN L. GROSSMAN
Deputy Corporation Counsel, D.C.
WILLIAM J. EARL
Chief, Major Case Section
BRUCE BRENNAN, 
Assistant Corporation Counsel, D.C.
Attorney for District Defendants
441 4th Street, N.W.,
Washington, D.C. 20001