(EXCERPT FROM TRANSCRIPT OF PROCEEDINGS ON DECEMBER 7, 1987,
IN WILLIAM THOMAS, ET AL., VERSUS DONALD HODEL, ET AL.,
CIVIL ACTION 87-3290)
THE COURT: MR. THOMAS, WILL YOU COME TO THE PODIUM AGAIN,
PLEASE.
YOU ARE RIDING BEHIND THE BLOCKING BACK OF THE FIRST
AMENDMENT FOR ALL OF THESE YEARS. YOU ARE NOT IN RED SQUARE.
YOU ARE IN LAFAYETTE SQUARE. YOU ARE IN UNDER, AND YOU ARE
PROTECTED BY, OUR CONSTITUTION AND BY THE FIRST AMENDMENT AND BY
THIS COURT. YOU HAVE HAD ENORMOUS PROTECTION, AND YOU ARE
GETTING IT TODAY.
YOU HAVE THE CHIEF OF THE SECRET SERVICE DETAIL, THE CHIEF
OF THE PARK POLICE, THREE LAWYERS, A COURT, AND A STAFF IN HERE
WORRYING AND BEING CONCERNED ABOUT -- AND NOT IMPROPERLY -- YOUR
FIRST AMENDMENT RIGHTS. AND THEY ARE BEING PROTECTED IN THE MOST
EXQUISITE WAY THAT I CAN CONTRIVE.
NOW I HAVE A REPRESENTATION FROM THE GOVERNMENT THAT THE
OFFICERS IN LAFAYETTE PARK IN THE VICINITY WHERE YOU HAVE BEEN,
AND WHERE YOUR SIGNS ARE, WILL MAKE THEIR BEST EFFORTS TO SEE
THAT THEY ARE PRESERVED INTACT. THAT IS NOT A GUARANTEE. THIS
IS IMPORTANT, BUT THAT IS NOT THE ONLY THING THEY HAVE TO DO, AND
THAT IS NOT THEIR PRIMARY MISSION, BUT THEY ARE GOING TO TRY.
IT REQUIRES YOU TO MAKE THE SAME KIND OF GOOD-FAITH EFFORT TO
COMPLY WITH THIS NOTICE. THAT IS, THEY HAVE ASKED
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YOU TO TAKE YOUR OTHER BELONGINGS OUT OF THERE, AND IT WOULD BE
ENTIRELY INAPPROPRIATE, IN LIGHT OF WHAT IS GOING ON HERE, FOR
YOU TO QUIBBLE ABOUT THAT.
WHEN THEY ASK YOU TO MOVE, YOU OUGHT TO MOVE EVERY LOCK,
STOCK, AND BARREL, EXCEPT THE SIGNS. DO YOU UNDERSTAND?
MR. THOMAS: THAT IS NO PROBLEM.
THE COURT: AND YOU SHOULD MOVE WHEN THEY ASK YOU TO MOVE,
AND DO NOT ARGUE WITH THEM, JUST MOVE.
MR. THOMAS: I'M DOING MY ARGUING HERE.
THE COURT: I UNDERSTAND THAT. THAT IS WHY I AM MAKING THE
TIME AVAILABLE TO YOU NOW, SO YOU CAN WORK THAT OUT. IN RELIANCE
ON THE REPRESENTATION BY THE UNITED STATES AND ON BEHALF OF THE
PARK POLICE AND THE SECRET SERVICE THAT THE OFFICERS ON THE SCENE
IN LAFAYETTE PARK WILL BE INSTRUCTED TO USE THEIR BEST EFFORTS TO
SAFEGUARD YOUR SIGNS, I AM DENYING YOUR APPLICATION FOR A
TEMPORARY RESTRAINING ORDER.
AND THAT IS JUST THE SIGNS OF THE INDIVIDUAL PLAINTIFFS: I
CAN'T TAKE CARE OF OTHER PEOPLE. THIS IS NOT A CLASS ACTION. IF
THE PARK POLICE WANT TO TAKE CARE OF THEM, THEY CAN. THEY ARE
NOT OBLIGATED TO ME TO DO IT.
AND IT IS ALSO MY UNDERSTANDING THAT THERE WILL BE PLANNING
ABOUT WHEN YOU HAVE TO MOVE SO THAT IT IS NOT ABRUPT.
MR. THOMAS: AS I STATED AT THE BEGINNING, THERE WERE SOME
OTHER INDIVIDUALS.
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THE COURT: I UNDERSTAND THAT
MR. THOMAS: (CONTINUING) -- WHO ARE INTERESTED.
THE COURT: MY JURISDICTION IS LIMITED TO CASES AND
CONTROVERSIES, AND I CAN ONLY PROTECT THE PLAINTIFFS BEFORE ME.
MR. THOMAS: WELL, SOME OF THE INDIVIDUALS ARE HERE IN COURT
THE COURT: THEY MAY BE, BUT THEY ARE NOT IN COURT ON PAPER.
MAYBE YOU CAN WORK THAT OUT WITH WHOEVER THE SECRET SERVICE
DETAIL OR THE PARK POLICE DETAIL IS, TO DEAL WITH YOU ON THIS.
IS THERE ANYTHING ELSE?
MR. THOMAS: I APPRECIATE THE PROCESS THAT HAS GONE ON IN
THE COURT, BUT I WOULD POINT OUT THAT IT MAY NOT HAVE BEEN
NECESSARY, IF I HAD RECEIVED THE NOTICE PRIOR TO--
THE COURT: I AM SORRY ABOUT THAT. I AM REALLY NOT SORRY
ABOUT IT. I THINK THAT THIS HAS BEEN A GOOD EXERCISE, AND I
EXPECT IT TO BE HANDLED IN A CORRECT WAY.
MR. THOMAS: THANK YOU.
MR. MARTINEZ: THANK YOU, YOUR HONOR.
(WHEREUPON, AT 5:35 O'CLOCK P.M., THE COURT ADJOURNED THE
HEARING.)