Memorandum in Support of Notice

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.             |

PLAINTIFF'S MEMORANDUM IN SUPPORT OF THE NOTICE OF RELATED CASES AND MOTION FOR CONSOLIDATION

On December 22, 1994 , plaintiff, and others, filed Thomas, et. al v. United States, et al, USDC CA No. 94-2747 ("Thomas I"). That case is presently pending before this Court., and involves almost identical questions of fact and law.

DISCUSSION

Thomas I is a Bivens action, which also alleges constitutional violations arising from plaintiff's "continuous presence" in the Park, and seeks injunctive relief regarding the enforcement of various minor regulations in their application to First Amendment activities. In fact, the specific sign at issue here is involved in Thomas I shows that it There, like counsel in this case, the U.S. Attorney, defending different federal defendants against claims similar to those at issue here, is also arguing that the sign is "structure." From the record there it appears the "authority" for the "sign is structure" argument is a letter, written by Mr. Randolph Myers, a DOI solicitor.

Most recently, in Thomas I the Court correctly refused to consider Mr. Myers' "letter at any stage in the proceedings unless and until it is submitted in a form which has evidentiary value." Thomas I, Order, July 3, 1995.

The questions raised by Mr. Myers' letter are identical to questions at the heart of this matter. See, Opposition to the Federal and District of Columbia Defendants' Respective Motions to Dismiss or in the Alternative for Summary Judgment, Exhibit 32, filed this date, compare, Thomas I, Supplemental Memorandum in Support of Plaintiffs' Motion for Summary Judgment, Exhibit 1, filed this date. Respectfully submitted this 19th day of July, 1995

_____________________________
William Thomas, pro se
2817 11th Street N.W.
Washington, D.C. 20001
202-462-0757