UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA

          V.                        CRIMINAL NO. 87-62
                                    JUDGE RICHEY
WILLIAM THOMAS

GOVERNMENT'S RESPONSE TO DEFENDANT'S RESPONSE TO THEGOVERNMENT'S MOTION TO RECONSIDER AND DEFENDANT"S MOTION FOR JUDICIAL NOTICE, AND DEFENDANT 'S MOTION TO RECONSIDER DEFENDANT'S MOTIONS TO DISMISS FOR LACK OF OFFENSE, MALICIOUS PROSECUTION, EX POST FACTO
ENFORCEMENT, NECESSITY DEFENSE AND DISCOVERY

Comes now the United States, by and through its attorney, the United States Attorney for the District of Columbia, and responds to defendant William Thomas' motions.

1. Defendant William Thomas has opposed the government's Motion To Reconsider, and has also filed Declamations by defendants Stephen Semple, Philip Joseph, and Ellen Thomas regarding their religious beliefs. Despite these voluminous filings, it is clear that defendants have entirely missed the point of the government's Motion to Reconsider.

There is nothing in the record in this case, including the recent pleadings filed by defendants, that even suggests that enforcement of the prohibition against camping in Lafayette Park infringes on a fundamental tenet of defendants' "religion." Even assuming for the sake of argument that defendants carry out their activities of protest and demonstration because of their religious convictions, there is still nothing that even suggests that the regulation against camping infringes in any manner on these activities. Again, it is important to remember that the focus of the inquiry in this case is whether the particular regulation in

question - which prohibits camping in Lafayette Park - infringes
upon defendants' exercise of a legitimate religious belief by
forcing them to choose between carrying out a practice that is a cornerstone of their religion, and breaking the law. Not one of the defendants has so much as claimed that camping in Lafayette Park is a basic tenet of his or her religion, and that if he or she is prevented from camping in Lafayette Park, he or she will be unable to exercise his or her religious beliefs.1/ Indeed, such a claim cannot be made: even if the regulation against camping is enforced, defendant Ellen Thomas can still communicate her beliefs to people from all over the world in Lafayette Park 24 hours a day (Ellen Thomas Declaration at p.5), defendant Philip Joseph can be at Lafayette Park to communicate the message of God (Philip Joseph Declaration at p.2), defendant Sunrise can promote non-violence in Lafayette Park with signs around the clock (Sunrise Declaration at p.2), and defendant William Thomas can continue to carry on his continuous, expressive presence (William Thomas' Motion To Reconsider at p.2). Enforcement of the regulation against camping will not prevent any of these activities. In sum, not one of the defendants has come close to making out a claim that enforcement of the camping regulation will infringe the exercise of their religious beliefs.

2. In response to defendant William Thomas' Motion To Reconsider Defendant's Motions TO Dismiss for Lack of Offense,
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1/ Indeed, in his Motion to Reconsider, William Thomas states:

"nor have defendants asserted that 'camping in Lafayette Park is the cornerstone of a religious ritual central to the exercise of their religion. '" Motion To Reconsider at p.2.

Malicious Prosecution, Ex Post Facto Enforcement, Necessity Defense and Discovery, the government relies on its response to defendant's original motions.

Respectfully submitted,
JOSEPH E. DIGENOVA
UNITED STATES ATTORNEY
/s/ linda s. chapman
LINDA S. CHAPMAN
Assistant United States
Attorney

CERTIFICATE OF SERVICE

I HEREBY certify that a copy of the foregoing has been mailed to William Thomas, 1440 N Street, NW., #410, D.C. 20005, Sunrise, P.O. Box 27217, D.C. 20038, Philip Joseph, P.O. Box 27217, D.C. 20038, and Ellen Thomas, 1440 N Street, NW, #410, D.C.20038, on this 18th day of May, 1987.

/s/ linda s chapman
LINDA S. CHAPMAN
Assistant United States Attorney
555 4th Street, NW., Room 5915
Washington, D.C. 20001
(202) 272-9078