THE WITNESS: THAT IS LIKELY THAT, YES, DURING
A FULL-WEEK PERIOD THAT THAT WOULD BE USING THE PARK FOR
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A LIVING ACCOMMODATION FOR A FULL WEEK. I MEAN YOU CAN
BRING IT ON DOWN 10 A ONE-DAY PERIOD. IT DEPENDS -- YOU
KNOW, I HAVE TROUBLE VISUALIZING THE FACT SITUATION WHERE
SOMEONE FOR A WEEK PERIOD OR A YEAR PERIOD, YOU KNOW, CERTAlNLY
FOR ONE OR TWO DAYS THAT'S EASY TO VISUALIZE AND IT WOULD
NOT VIOLATE THE REGULATIONS WITH NO INDICIA OF CAMPING,
BUT FOR A FULL WEEK OR A FULL YEAR OF STAYING IN LAFAYETTE
PARK STRAINS MY VISION OF USING THE PARK AS A LIVING
ACCOMMODATION.
BY MR. HURLEY:
Q: I GUESS WHAT I DON'T QUITE UNDERSTAND, 24-HOUR
VIGILS ARE NOT IMPERMISSIBLE AND ASSUMING THAT A PERSON HAD THE
ENDURANCE AND COULD GO FOR A FULL WEEK WITH ONLY INTERMITTENT
SLEEP, MY UNDERSTANDING OF THE REGULATION WOULD BE THAT WOULDN'T
BE IN VIOLATION OF THE CAMPING REGULATION.
IS YOUR UNDERSTANDING DIFFERENT? ASSUMING NO
OTHER --
A: ASSUMING THAT NONE OF THE OTHER INDICIA OF
CAMPING ONESELF CHANGING CLOTHES, STORING CLOTHES, THAT SORT OF
THING, CERTAINLY, YES. HYPOTHETICALLY, YES, THAT IS POSSIBLE
WITHOUT VIOLATING THE CAMPING REGULATION.
Q: AND DURING THAT PERIOD THEY COULD HAVE, LET'S
SAY, CLOTHING ITEMS THAT THEY WOULD EXPECT TO WEAR IN ANY
PARTICULAR 24-HOUR PERIOD?
A: NO, THEY WOULD BE ABLE TO STORE EXTRA CLOTHES
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IN THE PARK.
Q: I AM NOT TALKING ABOUT STORING EXTRA CLOTHES.
LET'S SAY IF THEY ANTICIPATE BEING IN THE PARK OVERNIGHT,
THEY WOULD BE ALLOWED TO HAVE A COAT, LET'S SAY, DURING
THAT THAT THEY EXPECTED TO WEAR THAT EVENING TO PROTECT
THEMSELVES FROM THE WEATHER?
A: THAT'S CORRECT.
Q: AND IF WEATHER CONDITIONS WERE SUCH THAT IT WAS
SEVERELY COLD OR FROST OR, LET'S SAY, MAYBE THREAT OF SEVERE
WEATHER CONDITIONS, THEY COULD HAVE A PIECE OF PLASTIC THEY
NEEDED TO SHIELD THEM FROM THE ELEMENTS; IS THAT CORRECT?
A: PLASTIC EQUIVALENT TO A RAINCOAT TYPE OF THING?
IS THAT WHAT YOU ARE TALKING ABOUT?
Q: CORRECT.
A: YES.
MR. HURLEY: THE COURT'S INDULGENCE.
I HAVE NO FURTHER QUESTIONS.
BY MR. MINA:
Q: MR. ROBBINS, YOUR ADVISORY OPINIONS ON THESE
REGULATIONS DO NOT CARRY THE FORCE OF LAW; IS THAT CORRECT?
A: THAT'S CORRECT.
Q: MR. ROBBINS, DID THE PERMIT CONDITIONS THAT
YOU MENTIONED IN YOUR TESTIMONY ALLOW A PERSON TO HAVE A BICYCLE
IN LAFAYETTE PARK, TO STORE A BICYCLE IN LAFAYETTE PARK?
A: NO. BICYCLES MAY NOT BE STORED IN LAFAYETTE
PARK.
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Q: AS LONG AS YOU ARE ANSWERING HYPOTHETICALS, MR.
ROBBINS, ISN'T IT TRUE THAT SOMEONE WHO IS SOUND ASLEEP
UNDER A PLASTIC TARP OR PIECE OF PLASTIC IN THE MIDDLE OF
THE NIGHT, COVERED WITH SLEEPING MATERIALS AND ON TOP OF
BEDDING MATERIALS COULD VERY WELL BE IN VIOLATION OF THE
CAMPING REGULATION; ISN'T THAT RIGHT?
A: THAT'S CORRECT.
Q: AND ISN'T IT ALSO TRUE THAT SOMEONE CAN BE IN
TECHNICAL COMPLIANCE WITH THE STORAGE OF PROPERTY REGULATION
AND STILL BE IN DIRECT VIOLATION OF THE CAMPING REGULATION?
A: THAT'S CORRECT.
MR. MINA: NO FURTHER QUESTIONS, YOUR HONOR
WILLIAM THOMAS: I HAVE A FEW FOLLOWUP
QUESTIONS.
THE COURT: YOU ARE LIMITED IN YOUR CROSS BY WHAT
YOUR OPPONENT BROUGHT OUT ON HIS CROSS-EXAMINATION.
WILLIAM THOMAS: THERE WAS ONE ISSUE
THAT I WAS STARTING TO BRING UP ON MY DIRECT AND I SORT
OF GOT A LITTLE SIDETRACKED FROM THE QUESTION OF SLEEPING
AND NOW IT'S BEEN BROUGHT UP AGAIN ABOUT A CONTINUOUS
VIGIL.
THE COURT: ALL RIGHT, ASK YOUR QUESTION.
REDIRECT EXAMINATION
BY DEFENDANT WILLIAM THOMAS:
Q: THE INTENT OF THE REGULATION IS TO PROTECT
THE PARK FROM IMPACTS THAT IT CAN'T SUSTAIN. ISN'T THAT CORRECT?
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THAT IN THE FASHION YOU HAVE DESCRIBED.
Q: WELL, ASSUME -- ASSUMING THAT SOMEONE DOESN'T
SLEEP FOR LONGER THAN TWO OR THREE HOURS OVER THE COURSE
OF MAYBE TWICE A DAY, SAY, THAT WOULD BE PROTECTED, WOULDN'T
IT?
A: THE PROHIBITION IS NOT TO SLEEP, THE PROHIBITION
IS USING THE PARK FOR A LIVING ACCOMMODATION. IF THE PERSON
FOR A FULL YEAR NEVER LEAVES THE PARK, THEN, IN MY OPINION,
THEY ARE LIVING IN THE PARK.
Q: YES, THAT'S UNDERSTOOD. I'M JUST SAYING THAT
IF A PERSON, FOR EXAMPLE, CHANGES THEIR CLOTHES OUTSIDE
OF THE PARK, GOES TO THE BATHROOM OUT OF THE PARK, TAKES
A SHOWER OUT OF THE PARK, STORES THEIR EXTRA CLOTHES OUT
OF THE PARK, WASHES THEIR CLOTHES OUT OF THE PARK, TAKES
THEIR SHOWERS OUT OF THE PARK, PREPARES THEIR FOOD OUT OF
THE PARK, AND YET MAINTAINS A CONTINUOUS PRESENCE TO THE
BEST OF THEIR ABILITY, HAVING TO GO OUT OF THE PARK TO PERFORM
ALL OF THESE OTHER FUNCTIONS, MAINTAINS k CONTINUOUS PRESENCE
BY ONLY ENGAGING IN THE INTERMITTENT SLEEP, WOULD THAT BE
MORE CONCEIVABLE?
A: YES.
Q: NOW, GIVEN THOSE SITUATIONS, WOULD THAT BE
PROTECTED UNDER THE FIRST AMENDMENT?
MR. MINA: OBJECTION.
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BY DEFENDANT WILLIAM THOMAS:
Q: AS A DEMONSTRATION?
THE COURT: WOULD THAT BE A VIOLATION OF THE
REGULATIONS OR --
BY DEFENDANT WILLIAM THOMAS:
Q: WOULD THAT BE A VIOLATION OF THE REGULATION?
A: UNDER THE HYPOTHETiCAL YOU DESCRIBE, NO.
Q: IS THERE ANY REGULATION AGAINST HAVING A
BICYCLE
IN THE PARK?
A: STORING OF ITEMS OF STRUCTURES -- THERE IS A
STRUCTURE REGULATION IN LAFAYETTE PARK WHERE BICYCLES ARE
ADDRESSED
Q:WE AREN'T CONCERNED WITH THE STORAGE REGULATION
AT This POINT. WE ARE TALKING ABOUT THE STORAGE OF PROPERTY
REGULATION. IS IT AGAINST THE LAW TO HAVE A BICYCLE IN
THE PARK?
A: NOT AS LONG AS IT IS ATTENDED NOW, WE ARE
TALKING ABOUT LAFAYETTE PARK, BECAUSE LAFAYETTE PARK HAS SPECIAL
REGULATIONS REGARDING STRUCTURES AND BICYCLES ARE ADDRESSED
IN THAT STRUCTURES REGULATION.
Q: SO IF SOMEONE IS WITHIN THREE FEET OF A BICYCLE,
SAY, A BICYCLE WOULD REASONABLY BE ATTENDED AND IT WOULD
BE CONSIDERED ILLEGAL OR A VIOLATION?
A: IT WOULD NOT VIOLATE OUR REGULATIONS REGARDING
STRUCTURES.
Q: JUST ONE MORE QUESTION ON THE HYPOTHETICAL OF
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WHETHER OR NOT SOMEONE WAS CAMPING?
THE COURT: WAS WHAT? CAMPING?
MR. HURLEY: YES.
THE WITNESS: IN CERTAIN CIRCUMSTANCES, YES.
BY MR. HURLEY:
Q:WHAT CIRCUMSTANCES WOULD HAVE TO BE PRESENT, IN
YOUR OPINION?
A: THERE'S A WIDE VARIETY. I CAN GIVE YOU AN
EXAMPLE.
A TENT, WITH COOKING FIRES AND BEDDING AND MATERIALS AND
FOODSTUFFS WOULD BE SUFFICIENT UNDER AN EXTREME EXAMPLE
TYPE OF THING.
MR. HURLEY: ALL RIGHT. THANK YOU VERY MUCH.
THE COURT: DO YOU HAVE ANYTHING FURTHER?
MR. MINA: NO, YOUR HONOR, I DON'T HAVE ANY FURTHER
QUESTIONS.
THE COURT: ALL RIGHT. THAI'S ALL.
MR. MINA: MAY THIS WITNESS BE EXCUSED, YOUR HONOR?
THE COURT: YES.
(WITNESS EXCUSED.)
REPORTER'S CERTIFICATE
THIS RECORD IS CERTIFIED BY THE UNDERSIGNED TO
BE THE OFFICIAL TRANSCRIPT OF THE ABOVE-ENTITLED EXCERPT
FROM TRIAL.
(signed) Gloria H. Horning
OFFICIAL COURT REPORTER
174
THE COURT: ALL RIGHT, IT'S 4 O'CLOCK. THAT'S
AS LONG AS I AM GOING THIS EVENING.
HOW MUCH MORE DO YOU HAVE, MR. THOMAS, BY WAY OF
PROOF?
WILLIAM THOMAS: I THINK WE HAVE ONLY
THREE MORE WITNESS, MYSELF AND ELLEN AND WINIFRED GALLANT.
I THINK THAT MY TESTIMONY AND ELLEN'S TESTIMONY
MIGHT RUN A TOTAL OF TWO HOURS OR SO, BUT I THINK THAT IF
WE MIGHT BE ABLE TO HEAR MS. GALLANT TODAY?
THE COURT: NOT TODAY. I AM THROUGH AT 4 O'CLOCK.
I'VE HAD ENOUGH.
WILLIAM THOMAS: OK.
MR. HURLEY: YOUR HONOR, WHAT TIME DO WE START
TOMORROW?
THE COURT: I HAVE A MATTER AT 9 O'CLOCK TOMORROW
MORNING.
MR. MINA: YOUR HONOR,I HAVE A MOTIONS HEARING
TOMORROW MORNING IN FRONT OF JUDGE JACKSON.
THE COURT: WELL, SEND WORD UP THERE YOU ARE IN
TRIAL
MR. MINA: I AM SORRY, YOUR HONOR?
THE COURT: YOU WILL HAVE TO TELL JUDGE JACKSON YOU
ARE IN TRIAL.
WHAT KIND OF MOTION?
MR. MINA: OTHER CRIMES MOTION.
THE COURT: HOW LONG IS IT LIKELY TO TAKE?
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MR. MINA: PROBABLY HALF AN HOUR TO 45 MINUTES.
IT'S AT 9:30.
HOPEFULLY WE WILL BE CONCLUDING THAT BY 10:30.
WOULD THAT CAUSE A PROBLEM?
THE COURT: IF YOU CAN GUARANTEE YOU CAN BE BACK
HERE AT 10:30. BUT I DON'T WANT YOU TO GET TIED UP THERE.
WE ARE COMING INTO THE HOLIDAYS.
AS SOON AS I FINISH THIS, I START ANOTHER CRIMINAL
TRIAL WEDNESDAY, I HAVE MOTIONS WEDNESDAY, AND I HAVE ANOTHER
CRIMINAL TRIAL SET FOR NEXT MONDAY AND THAT IS GOING TO BRING
US RIGHT UP TO CHRISTMAS.
MR. MINA: TOMORROW IS THE LAST DAY WE CAN DO
THIS?
THE COURT: I WILL HAVE TO FINISH THIS CASE AND
ANOTHER ONE.
MR. MINA: I AM IN THE SAME POSTURE. I WILL
REPRESENT TO JUDGE JACKSON TOMORROW THAT I AM IN TRIAL AND MUST
START NO LATER THAN 10:30.
THE COURT: TELL HIM YOU HAVE TO BE BACK HERE AT
10:30.
MR. MINA: I WILL, YOUR HONOR.
THE COURT: WE CAN FINISH THIS CASE TOMORROW; RIGHT
WILLIAM THOMAS: I THINK WE CAN.
THE COURT: YOU ESTIMATE AN HOUR FOR YOURSELF,
AN HOUR FOR MRS. THOMAS, CORRECT?
Case Listing --- Proposition One ---- Peace Park