ATTACHMENTS

DEPARTMENT OF THE INTERIOR
Washington

January 13, 1983
NOTE TO MOODY TIDWELL

From: Secretary

I would like a briefing on the regulations that allow demonstrations and protestors in Lafayette Park and in front of the White House on Pennsylvania.

My intention is to prohibit all such activities and require that they take place on the Ellipse

(signed)
James G. Watt

EXHIBIT 1


1440 N Street NW, #410
Washington, DC 20005
(202) 462-3542

September 16, 1985

TO: Robert Bedell
Acting Administrator
Office of Information and Regulatory Affairs
Office of Management & Budget
Washington, DC 20503

PETITION

I, William Thomas ("Thomas"), an adult human being presently residing within the legal jurisdiction of the United States, pursuant to Presidential Order 12291, Sections (3)(e)(1), (3)(e)(5), and 7(f)(2), 42 USC 1983, and 1985(3) 36 CFR 50.19(b)(l), 50.7, and 50.271 5 USC 301, 601; now HEREBY petition the Presidential Task Force on Regulatory Relief, or its replacement, to place before President Reagan this Petition, with specific regard to Department of Interior proposed regulations.36 CFR published in the Federal Register on August 20, 1985, pages 33571 - 33576;

Thomas alleges in Thomas v. USA, USDC CA 84-3552, a conspiracy involving employees of the Executive branch of the United States Government, among them the Director of the National park Service and the Secretary of Interior, For that reason this issue cannot be resolved by them.

The interests at issue here, freedom or speech and freedom of religion, are unquestionably of broad public concern. Because of the refusal of DOI representatives Patricia Bangert and Richard Robbins to arbitrate this dispute, barring Executive intervention from the Office of the President, petitioner will have no recourse but a judicial proceeding alleging that these proposed regulations are an act in furtherance of a conspiracy in violation of 42 USC 1985(3).

Although a written public comment period is provided, pursuant to 5 USC 553, petitioner feels that a decision of this magnitude demands at least a plebiscite ((Black's Law Dictionary, Rev. 4th Ed., p. 1312).

With respect to Presidential Order 12291, Section 7(f)(l), the "aesthetic" issue of the signs to which the proposed regulation addresses itself (an uncluttered view of the White House) was already resolved in ERA v. Clark (CA 83-1243 DCAppCt (1984)), The proposed regulations are invalid as incompatible with 5 USC 301 and 601, and the First Amendment of the Constitution.

With respect to Presidential Order 12291, Section o(a)(5), the related federal regulations are 36 CFR Sections 50.7, 50.13(b)(l), and 50.27.

I, THOMAS, hereby petition the President to satisfy himself as to "the First Amendment scrutiny in the first instance (USA v. Abney, 534 F2d 986 (1976)), and to call a halt to this train of abuse, and to issue a speedy reply.

(signed)
William Thomas, Petitioner
EXHIBIT 2


EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503

Mr. William Thomas
1440 N Street, N.W. 6410
Washington, D.C. 20005

Dear Mr. Thomas:

This letter responds to your September 16, 1985 letter about the proposed regulations issued by the Department of the Interior concerning signs in Lafayette Park. Since this is 3 pending rulemaking for which the comment period is still open, I have forwarded your letter to the Department of the Interior for inclusion with other public comments.

Should you have.any further comments please contact Sandra Alley, Associate Regional Director, Public Affairs, National Capital Region, National Park Service, 1100 Ohio Drive S.W., Washington D.C. 20240, telephone number (202) 426-6700.

Sincerely,

Robert P. Bedell
Acting Administrator Office of
Information and Regulatory Affairs

EXHIBIT


William Thomas
1440 N St, N.W, Apt. 410
Washington D.C. 20005

October 7, 1985

Robert P. Bedell
Acting Administrator
Office of Information and Regulatory Affairs
Executive Office of the President
Office of Management and Budget
Washington D.C. 20509

Dear Mr,. Bedell:

In answer to Your letter of October 4, 1985; I can by no means consider it an appropriate response to my Petition of September 16, 1985.

Executive Order 12291, Section 3(e)(l) provides: "The Director (you)...shall resolve any issues raised under this order ar ensure that they are presented to the president.ˇˇto review any...notice of proposed rule making.

As you can see whether or not the comment period on proposed regulation 36 CFR 50.19(e)(11) is still open would be entirely irrelevant with respect to my Petition.

Therefore you will find enclosed another copy of my Petition. If you have sent your copy to Sandra Alley you will need this copy in the event you decide to exercise your supervisory duties as called for under Executive Order 12291. You should also know that Sandra Alley is named in THOMAS v USA CA 84-3552, as an agent of the alleged violation of 42 USC 1985(3).

Should you have any difficulty understanding the Petition please feel free to call me at 462-0757.

Sincerely

William Thomas
Petitioner
EXHIBIT4


ˇˇˇ"(I)t must be noted that petitioner's presence was unquestionably lawful. It was a public facility, open to the public. But there is another and sharper answer which is called for. We are here dealing with an aspect of a basic Constitutional right -- the right under the First and Fourteenth Amendments guaranteeing freedom of speech and of assembly and freedom to petition the Government for a redress of grievances.... As this Court has repeatedly stated these rights are not confined to verbal expression, They embrace appropriate types of action which certainly include the right in a peaceable and orderly manner to protest by silent and reproachful presence in a place where the protestant has every right to be." Brown v, Louisiana, 383 Us 131 (1966)P'

"(42 USC 1983) imposes on the State and their agents certain obligations and responsibilities. A police officer has the duty not to ratify and effectuate a heckler's veto nor may he join a moiling mob intent on suppressing ideas, Instead, he must take reasonable action to protect from violence persons exercising their Constitutional rights." (Glasson vˇ City of Louisville, 518 F2d 906 (1975), USAPP 6th Dis. (Cer. Denied).)

"The record before us demonstrates that (plaintiff) is displaying (plaintiff's) placard(s) which contained a Constitutionally protected message in a peaceful manner, from an appropriate place, was engaged in activity protected by the First Amendment, and the destruction of the sign(s) by .,, police officers , .. deprived (plaintiff) of that right. (Plaintiff) thus made out a prima facie case for damages under Section 1983." (Ibid,, 906)

'Where police officers ,,, acting pursuant to general notice given at (a) meeting-at which police chief was present, destroyed (:a) protest sign .,, police officers were liable for violation of protester's right to free expression and police officers and police chief were liable under civil rights statute prohibiting conspiracies to deny equal protection, USCA Const. Amends 1, 14, 42 USC 1983, 1985(a)." (Ibid. p. 000.)

"For purposes of (42 USC 1985(3))) a defendant is personally involved in the acts of his subordinates. ff he had knowledge or conduct, and consented to it, he need not have taken part." Alvarez v. Wilson, 432 P.Supp. 137 (1977))

35 . CONSPIRACY. ˇ A civil conspiracy is an agreement between two ot more people to participate in`an unlawful act or a lawful act in an unlawful manner," HOBSON v. WILSON 737 F.2d 1. 5.

"36. CONSPIRACY. An express ˇagreement among all conspirators is not necessary to prove a civil conspiracy." (Ibid.)

37. CONSPIRACY. Civil conspirators must share general conspiratorial objective but need not know all details of plan or possess same motives." (Ibid.)

38 . CONSPIRACY, To demonstrate existence of a conspiratorial agreement, it simply must be shown that there was a single plan, the essential nature and general scope of which were known to each person so as to be held responsible for its consequences." (Ibid.)

CONSPIRACY. To make a conspiracy actionable, there must be an overt action in furtherance of object of conspiracy that injures plaintiff in his person or property or in a civil rights conspiracy action, which deprives plaintiff of having or exercising any right or privilege of a citizen of the United States." 42 USCA 1985(3)." (Ibid.)

"The disposition of this case reveals a mistaken assumption regarding the motives and behavior of government officials who create and administer content neutral regulations.... There are facts in this case that raise a substantial possibility that the impetus behind this revision may have derived less from concerns about wear and tear on parks, than on other, more 'political' concerns." (CCNV v. Clark dissenting Opinion p. 14-15.)

"The political dynamics likely to lead officials to a disproportionate sensitivity to regulatory as opposed to First Amendment interests can be discerned in the background of this case.... (M)y intention is to illustrate concretely that government agencies by their very nature are driven to over-regulate public forums to the detriment of First Amendment rights, that facial viewpoint-neutrality is no shield against unnecessary restrictions on unpopular ideas or modes of expression, and that in this case in particular there was evidence readily available that should have impelled the Court to subject government's restrictive policy to something more than minimal scrutiny." (CCNV v. Clark, Dissenting Opinion, p. 15-16)

"If you put him jail for ten or fifteen years you might solve your problem, but you are not going to solve your problem by putting him in jail for six months. You are not going to solve anybody's problem with that -- his, or yours." (Judge William Bryant, USA v. Thomas, USDC CR 83-0056, transcript .. July 7, 1983, p. 11.)

"I have a hard time sleeping putting him in jail, actually, for what he did. He is such a -- I kind of tend to agree with him. He is such a minimal harm to anybody in the world. The worst criminal, put him in jail." (Judge William P. Bryant, USA v. Thomas, USDC CR 82-358, sentencing transcript December 22, 1983, p. 9.)

'In light of these facts, plaintiffs' claim that a memo from Secretary Watt, and subsequent contacts between Ass.Sol. Robbins, a principle drafter of the regulations, and the Secretary (of Interior) and the White House take on added significance...,

"In the circumstances it would appear that plaintiff's claim in this regard can in no wise be characterized as frivolous; however, in light of this court's disposition of this case it need not resolve this particular issue." (USDC Judge William Bryant, ˇERA v. Clark, Memorandum Opinion, April 20, 1984, p. 14-15.)

"The Court's ruling today does not mean ... it has become unnecessary .. to reach the several most significant constitutional questions that some day, some way, with perhaps other defendants, perhaps the same, will be addressed... " (Judge Joyce Hens Green, USA v. Thomas, USDC CR 84-255, September 25, 1984 tr. p. 1026 (Findings of Fact).)

"ON THE CIRCUMSTANCES EXISTING DURING THE RELEVANT TIME HERE A STRONG ARGUMENT COULD ) HAVE BEEN MADE THAT A REGULATION (promulgated under a conspiracy with the intent of BANNING ALL (effective methods of expression open to (the William Thomas, individuals' or groups of 25) DEMONSTRATIONS (in the Park) would; HAVE BEEN UNCONSTITUTIONAL. * ERA vˇ CLARK, USAP 84-5273, October 26, 1984, p. 16; parentheses and emphasis added.)

"Let meˇask you this ... hasn't it been one of these things where he gets arrested today for doing 'X' conduct, and then he goes back out and he does 'X' minus 'Y' conduct, right? And he gets arrested. And then he goes back out and he does 'X' minus 'Y' minus 'Z' conduct. In other words, wherever you folks draw the line, he wants to stay on that line, wherever you want to draw the line...."

.... AUSA Marcy: "He plays games."

...The Court: "Well, I don't know who is playing a game, really." (USA v. Thomas, USDC CR 83-0056, July 7, 1983 Tr, pp. 6, 7, 8. (Mr. Marcy's attempted evasions and the Court's patient efforts to lead him back to the issues have been omitted.)

"Your right to demonstrate publicly your views about nuclear weapons is very important and is entitled to the protection of the law.... It is possible for a law-abiding person to accommodate a protest like yours with the valid laws regulating the use of public parks." (July 10, 1984, USA v. THOMAS).


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