UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MARY HUDDLE and PHILIP JOSEPH, et. al., )
                                        )
          versus                        )  CA 88-3130-JHG
                                        )  Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al.,          )
                   defendants           )
________________________________________)

MOTION FOR PRELIMINARY INJUNCTION

Pursuant to Rule 65, plaintiffs respectfully move this honorable Court to preliminarily enjoin the defendants from enforcing 36 CFR 7.96(g)(5)(x)(B)(2) to prevent or interfere with plaintiffs' communication to any representives of public media organs or members of the general public, and further, to ensure the physical safety of plaintiffs and others against unwarranted police force.

Briefly, the specific incidents which impel this Motion are that, on or about October 25, 1989, at approximately 4:30 PM, U.S. Park Police officials forced Concepcion Picciotto to remove two flags which she had been using to communicate with the general public, on a daily basis, for over three-and-a-half years, and for which she had been granted permits from the National Park Service; and on or about October 24, 1989, at approximately 7:30 PM, U.S. Park Police officals seized a candle which William Thomas (Thomas) had lighted as a symbol to the general public.

Upon experience and information, plaintiffs believe that these incidents are part of a pattern and practice instigated by defendants and executed under color of 36 CFR 7.96 (g)(5)(x)(B)(2) and various other regulations to interfere with, disrupt, or terminate plaintiffs' constitutionally-protected religious exercise and expression.

For these reasons and others, as set out more fully in the accompanying Memorandum of Points and Authorities in Support of the Motion, plaintiffs move this honorable Court to issue a preliminary Injunction to enjoin defendants from enforcing 36 CFR 7.96 (g)(5)(x)(B)(2) as invalid and unconstitutional, or such other relief as the Court deems appropriate.

A proposed order is attached.

Respectfully submitted,

_____________________________
Concepcion Picciotto
P.O. Box 4931
Washington, D.C. 20008

_________________________
William Thomas
1440 N Street, N.W. Apt. 410
Washington, D.C. 20038
202-462-0757

November 21, 1989


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MARY HUDDLE and PHILIP JOSEPH, et. al., )
                                        )
          versus                        )  CA 88-3130-JHG
                                        )  Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al.,          )
                   defendants           )
________________________________________)

ORDER

Upon consideration of Plaintiffs' Motion for a Preliminary Injunction to enjoin the enforcement of 36 CFR (g)(5)(x)(B)(2), the entire record in this case, and after the hearing held in this matter on the ___ th day of November, 1989, at which both parties were afforded an opportunity to present testimony, evidence and to argue their cases, the Court finds:

The testimony and evidence adduced at the hearing indicates that the three foot sign attendence requirement contained at 36 CFR 7.96(g)(5)(x)(B)(2) was unnecessary when promulgated.

Also based on the findings of that hearing, the Court finds that the attendence requirement is still unnecessary.

Finally, plaintiffs convincingly demonstrated that the regu-lation had been applied, without probable cause to justify threats by police officers directed at demonstrators, and intimidating and intrusive police actions which would be expected to chill First Amendment exercise.

WHEREFORE, this ____ day of November, 1989 it be and is hereby is,

ORDERED that defendants and their agents be and hereby are enjoined from enforcing or threatening to enforce the regulation against plaintiffs.

____________________________________
Joyce Hens Green
UNITED STATES DISTRICT COURT JUDGE

Copies to:

Assistant U.S. Attorney Michael Martinez
Judiciary Square, 555 4th Street N.W.
Washington, D.C. 20001

Office of the Corporation Counsel for the District of Columbia, 1350 Pennsylvania Avenue, N.W.
Washington, D.C.

William Thomas
1440 N Street, N.W. Apt. 410
Washington, D.C. 20005