USDC Cr. No. 84-3552

     Plaintiff Pro Se    
versus                          CA 84-3552
                                Judge Louis Oberdorfer
UNITED STATES, et al     



On September 30, 1986 plaintiffs William and Ellen Thomas filed Motions for Joinder of Parties, Claims, and Remedies against Lt. Hugh Irwin of the U.S. Park Police, supported by separate Declarations of William Thomas and Ellen Thomas. On November 3, 1986 plaintiffs filed Reply to Federal Defendants' Opposition to Plaintiffs' September 30, 1986 Motions for Joinder of Parties, Claims, and Remedies, and also filed Declaration of William Thomas dated November 3, 1986. Plaintiff William Thomas ("Thomas") incorporates those filings by reference, Opposition to Federal Defendants' Motion For Judgment On The Administrative Record, filed September 22, 1986; and further states:


"(Thomas) stated that he was a non-violent person who objected to being in this country at what he feels is against his will. (Thomas) stated that he went to the Soviet Embassy to present them with a book he had written, and to prove that there is nothing to fear from the Soviet Union. (Thomas) expressed concern about nuclear destruction of the world, and believes that nuclear weapons are made because of the fear that this country has of the Soviet Union..." (U.S. Secret Service report, June 5, 1981, Trial Exhibit [Tr. Ex.] 1).

Beginning on June 3, 1981 and continuing to the present time, Thomas has worked to illustrate freedom, promote justice, and prevail upon citizens of the United States and the world to change thier societies or be prepared to suffer the consequences. (Amended Complaint [Am. Com.], filed October 19, 1985, para. 60.)

Thomas' demonstration activities in this regard have been conducted primarily in Lafayette Park or on the White House sidewalk, have been peaceful, and have caused no appreciable damage to Park resources (ibid para. 61).

"Thomas is entirely coherent. He just lives in a world of the abstract, as a street corner philosopher, engaging curious passersby in Socratic dialogue on Freedom, Truth, and the meaning of life....

"Thomas says there is only one reason he bothers to talk to other people to provoke them into thinking about God `because if they believe there is no Justice beyond what we can see in one lifetime, then the rule of the Earth will continue to be Might makes Right - and it doesn't"....

"`The main point I'm trying to make' he says, `is that the Earth is a unit. It's a whole thing. It's not compartmentalized. And what people do is to divide this unit up with imaginary lines and fight wars over those lines. This is not productive'...." (Boston Globe, August 27, 1981, Tr. Ex. 5).

Thomas founded the White House Antinuclear Vigil as a vehicle to encourage others to commit themselves to the responsibility of solving what he considers should be the issue of broadest public concern: PENDING THERMO-NUCLEAR DOOM. (Am. Com. para. 62; emphasis added.)

Thomas' activities constitute a non-profit enterprise intended to communicate his ideas, opinions, suggestions and theories free of charge, to any who ask, hoping to identify the problems which plague human society, and, if only by identifying those problems, help in some degree to solve them. (Ibid para 63.)

Beginning in 1981 and continuing to the present time, various officials of the U.S. Department of Interior, U.S. Park Police, the National Park Service, Secret Service, D.C. Metropolitian Police, and the White House, acting under color of various federal regulations, some in existence prior to 1981, some promulgated since that date, have intentionally and deliberately acted against plaintiffs in a manner so as to deprive them of constitutionally-protected rights under the First, Fourth, Fifth, Ninth and Fourteenth Amendments, in violation of 42 USC 1983, 1985(3), 1986, and the Universal Declaration of Human Rights (ibid para. 67).

The actions of these various federal officials were committed with the knowledge and approval of the named defendants and often, perhaps without exception, pursuant to plans, schemes, options, or scenarios, orchestrated and directed by one or more defendants. Such repeated and continuing conduct by federal law enforcement officials has had the purpose and effect to frustrate and chill communication of plaintiffs' message. Defendants have accomplished this end through various encounters between their agents and plaintiffs, e.g. see Amended Complaint para. 130 (a)-(m). (Ibid para 68.)

On or about August 12, 1981, attracted by Thomas' methods of communication, Concepcion Picciotto became the first of many individuals who adopted similar methods over varying periods of time for the purpose of communicating to the public their own, individual beliefs and ideas. Not all the beliefs and ideas of Ms. Picciotto were shared by Thomas. Nonetheless Thomas recognized that she had a right to express those ideas, and assisted her communication efforts (ibid para 69).

Depending, at least to some degree, upon the conviction of the individual expressor to the truth of the opinion expressed, and upon the individual capacity for tolerating frequent harassment at the hands of defendants or their agents, those who adopted the methods of the "Thomas School of Social Intercourse" have remained students until, in most cases, the activities of defendants or their agents drove them away (ibid para. 71).

Some individuals dabbling in the "School of Social Intercourse" may have used the White House sidewalk and Lafayette Park to "store personal property" in the course of their studies, a situation to which defendants may have had an entirely justifiable objection. However, defendants also had entirely adequate and current regulations to cope with that situation (ibid para 73).


"Although nuclear weapons may mean, if not the end of Mankind, at least the end of civilization as we know it... they are necessary in order to protect against mindless bureaucracy and totalitarian police state tactics which combine to stifle individual freedom and personal excellence." (President Ronald Wilson Reagan, June 6, 1982, in a speech to the British Parliment, see Complaint para. 111).

Plaintiffs allege that defendants, all agents under the control and supervision of President Ronald Wilson Reagan, acted in consort with mindless bureaucracy and totalitarian police state tactics to stifle the individual freedom and personal excellence of all Americans through the persons of the plaintiffs

Official (administrative) opposition to the message expressed by plaintiffs is the political animus of defendants' "Peace through Strength" philosophy, which motivated and motivates defendants' efforts to move plaintiffs' signs to an area where the signs are less likely to attract attention, in order to impede, disrupt, or terminate plaintiffs' attempts to communicate their message of "Peace through Reason." (Am.Com. para. 17.)

Personal prejudice against plaintiffs, religious or cultural animus, motivates defendants under the perception of plaintiffs as a beginning "wave of the future" which questions the validity of their personal beliefs, lifestyles, living accommodations, and livelihoods. Personally, out of fear, defendants have preferred to ignore plaintiffs' message. (Ibid., para. 18.)

Defendants oppose plaintiffs' message in their official (political) capacities, and/or in their personal (religious, social) capacities. For whatever reasons, defendants have con- sistently chosen not to meet plaintiffs face to face to work out their political, religious, or social differences, despite plain- tiffs' repeated requests. Rather, in their official capacities, defendants have chosen to direct the force and violence of various police agencies at plaintiffs and their communications devices. (Ibid. para. 19.)

Defendants know that, in theory, police power cannot be utilized to stifle religious exercise or mute political dissent in a democracy. Therefore, defendants conspired to place administrative policy above the law. (Ibid. para. 20.)

On January 13, 1983, James Watt, then Secretary of Interior, issued a memorandum to Moody Tidwell. (Tr. Ex. 50(c), and page 14 of Tr. Ex. 96). That memorandum remains as an indication of defendants' continuing official policy and stated intent to remove plaintiffs' continuous presence in the park and their effective but harmless communications media of large signs "...for example (to) the Ellipse on the south side of the White House." (Fed.Reg. Vol. 50, No. 161, Aug. 20, 1985, p. 33574.) (Am.Com. para. 83.)

Mr. Watt and the defendants knew the First Amendment prevented them from interfering with the activities which prompted the January 13 memo because, in and of themselves, signs and a continuous presence presented no threat to any legitimate governmental interest. Therefore, to mask their true intent, defendants developed euphemisms by which to refer to plaintiffs and their activities, and were careful to represent their impermissible efforts to color those activities through regulation as content-neutral, across-the-board bans. (Ibid. para. 84.)

Defendants have continually tried harassment, intimidation, and arrest as their initial methods of coping with "the problem" that still remained in the park, even when plaintiffs accommodated Court rulings that they remove themselves and/or their signs from the Park during the night. (Ibid. para. 85.)

The defendants' actions represent a post hoc bureaucratic remedy to constitutionally-protected critical activity which poses no substantial threat to government interests beyond questioning the sanity of government's activity regarding weapons proliferation. Defendants' unreasonable interference with plaintiffs' rights is not founded on a legitimate restriction of the manner, time, or place of expression, but rather reveals a wholesale attack on traditional and time-honored rights secured in the Constitution and Bill of Rights and designed to protect against despotic government, in violation of 42 USC 1983, 1985(3), and/or 1986. (Ibid. para. 134.)


Plaintiffs incorporate by reference Declaration of William Thomas November 21, 1986, filed herewith and further claim;

1. On or about November 10, 1986, U.S. Park Police Lt. Hugh Irwin seized two signs which Thomas had been attending in Lafayette Park. (See Declaration of William Thomas on November 21, 1986, filed herewith.)

2. The seizure of the signs was without probable cause.

3. The seizure of the signs was without due process.

4. The seizure of the signs was capricious and arbitrary.

5. 36 CFR 50.19(e)(11)(12), the regulation under color of which Lt. Irwin acted, was promulgated as an act in furtherance of a conspiracy with the intent to deter, hamper, or terminate Thomas' constant presence, freedom of association, and/or ability to display signs in Lafayette Park.

6. The physical action taken against Thomas by Lt. Irwin amounts to common law assault.

7. The charges lodged against Thomas amount to false arrest.

8. The incarceration of Thomas amounts to false imprisonment.

9. The entire chain of events amounts to malicious abuse of process.

10. Thomas suffered irreparable injury in his attempts to communicate the urgent dilemma of Charles Hyder's fast for peace.

11. Thomas suffered irreparable injury in his attempts to communicate the urgent necessity for peace on Earth.

12. Thomas suffered physical discomfort and disorientation as a result of blacking out.

13. Thomas suffered humiliation.

14. Thomas suffered the intentional infliction of emotional distress.


"IF A GENOCIDAL WEAPON IS A PEACEMAKER, THEN ADOLF HITLER WAS A SAINT." (Long-term Thomas sign on the White House sidewalk, and in Lafayette Park; see Am.Dom. para. 65.)

"I have a belief, and by the most sacred principles of this country, I am entitled to hold my (belief), and, by the fundamental laws of this country I am entitled to express my belief.... (B)eing penniless in a society which traditionally demands money for expression, there is no other manner available to me for expressing my beliefs than through my body, my voice, and crude signs in a prominent place.

"I am just doing my job. I am a critic, but criticism is not a bad thing. Criticism identifies problems. Identifying a problem is the first step toward solving it....

"I pray this Court will seriously consider whether I (accurately) represent myself as a critic, as exemplified by my life and works at 1600 Pennsylvania Avenue. Whether my criticism is valid has never been at issue before this or any other Court...." (USA v. Thomas, USDC 83-186, Sentencing Transcript, December 21, 1983, pages 21-22.)

"I am sensitive, perhaps more sensitive than most, to the fact that if your Government suppresses the kind of demonstration in which you are engaged, it would jeopardize the liberty of us all." (Ibid., Judge Oberdorfer.)

"I think we all realize that there is a breakdown of civilization if people start taking the law into their own hands." (President Reagan; see Plaintiffs' Memo filed September 22, 1986, p. 46.)

"(T)he ruthless shall come to nought and the scoffer cease, and all who watch to do evil shall be cut off, who by a word make a man out to be an offender, and lay a snare for him who reproves in the gate, and with an empty plea turn aside him who is in the right." (Isaiah 29: 21-22).

WHEREFORE, Thomas prays this Court to prevent the "breakdown of civilization" by ordering defendants and their agents to halt their long-term, ongoing effortts to place the administrative policy, made by their hands, above the law, and thereby to color plaintiffs' constitutionally-protected activity as "criminal behavior" under regulation.

Respectfully submitted this 21st day of November, 1986.

William Thomas, Plaintiff Pro Se
1440 N Street NW, #410
Washington, DC 20005
(202) 462-3542

Case Listing --- Proposition One ---- Peace Park