July 19,1989

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MARY HUDDLE, et al.,
            Plaintiffs,

        v.                    Civil Action No. 88-3130 JHG

RONALD REAGAN, et al.,
           Defendants.

NOTICE OF RECENT DECISIONS

The federal defendants hereby notify the Court of the following recent decisions from our Court of Appeals, each of which is relevant to the pending motions before the Court. First, on July 17, 1989, the Court of Appeals summarily affirmed Judge Oberdorfer's dismissal of the earlier William Thomas civil cases (Thomas v. United States, 696 F. Supp. 702 (D.D.C. 1988) and Thomas v. Newsworld Communications, 681 F. Sup. 55 (D.D.C. 1988)). See Order attached hereto as Exhibit A. As the federal defendants have argued previously, those cases raised the identical issues plaintiffs raise here.

Second, the Court of Appeals on June 21, 1989, affirmed the conviction of Stephan Semple, aka Sunrise Harmony, for using Lafayette Park for "living accommodation purposes." See Order and unpublished memorandum attached hereto as Exhibit B. 1/

1/ See also Judge Oberdorfer's published opinions regarding Semple. United States v. Semple, 707 F. Supp. 1 (D.D.C. 1988) and United States v. Semple, 702 F. Supp. 293 (D.D.C. 1988).

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Third, the Court of Appeals recently issued two published decisions of note, relevant to this case. In United States v. Musser, 873 F.2d 1513 (D.C. Cir. 1989), the Court affirmed the conviction of one of the Lafayette Park demonstrators and, inter alia, held constitutional the requirement in the regulation that one must be within three feet of one's signs in the Park at all times. 36 C.F.R. § 7.96(g)(5)(x)(B)(2)(1988). In United States v. Picciotto, 875 F.2d 345 (D.C. Cir. 1989), the Court reversed the conviction of Ms. Picciotto for having excess property in Lafayette Park and declared the storage of property provision in the regulation, 36 C.F.R. §7.96(g)(5)(xiii), invalid due to failure to comply with the Administrative Procedure Act's notice and comment provisions. 2/

Respectfully submitted,

/s/ Jay B. Stephens
JAY B. STEPHENS, DC Bar #177840
United States Attorney

JOHN D. BATES, DC Bar # 934927
Assistant United States Attorney

/s/Michael L. Martinez
MICHAEL L. MARTINEZ,, Bar #347310
Assistant United States Attorney


2/ The federal defendants earlier filed a copy of the Court of Appeals' affirmance of the Thomases' convictions for camping in Lafayette Park. That opinion, per Judge Starr, is now published at 864 F.2d 188 (D.C. Cir. 1988). On March 15, 1989, the Court of Appeals similarly affirmed another related conviction of the Thomases in Nos. 88-3015 and 88-3023. See 871 F.2d 1149 (D.C. Cir. 1989)(Table).

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that this 19th day of July, 1989, I sent one copy of the foregoing Notice of Recent Decisions via first class U.S. mail to:

William Thomas
1440 N Street, NW.
Apartment #410
Washington, D.C. 20005

Arthur Burger, Esquire
Asst. Corporation counsel
Room 314 District Building
1350 Pennsylvania Avenue, NW.
Washington, D.C. 20004

/s/Michael L. Martinez

MICHAEL L. MARTINEZ, DC Bar #347310
Assistant United States Attorney
Judiciary Center Building
555 4th Street, NW. Room 4126
Washington, D.C. 20001
(202) 272-9195