MARY HUDDLE and PHILIP JOSEPH, et. al., )
)
versus ) CA 88-3130-JHG
) Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al., )
defendants )
________________________________________)
Pursuant to Rule 65, plaintiffs respectfully move this honorable Court to temporarily restrain the defendants from preventing or interfering with plaintiffs' com-munication to mem-bers of the general public, or with any media organ, and further, to ensure the consititutional rights, and physical safety of plaintiffs and others from unwar-ranted police force to disrupt or diminish lawful expression under color of 36 CFR 7.96 (i)(1).
In support of this Application plaintiffs submit a Certification, pursuant to Local Rule 205 (a).
Briefly, the specific facts underlying this Application are that, on or about November 10, 1989 United States Park Police Officer Dahl verbally abused and threatened a citizen in the immediate vicinity of plaintiffs' signs and on or about October 30, 1989, at approximately l0:30 PM, United States Park Police Officer Marsh threatened a citizen in the immediate vicinity of plaintiffs' signs with physical attack, and that these two incidents were precipitated under color of the "camping" regulation. See Declarations of Joseph Vigorito, Jeffrey Brown, Stacey Davis, and Michael Cronin, filed herewith. Between September 2 and 7, 1989 officials of the United States Park Police engaged in a concerted effort, also under color of the camping regulation, which had the effect of harassing and intimidating plaintiffs. See Declaration of William Thomas, filed herewith.
For these reasons, as well as those set out more fully in the accompanying Summarization of Complaint and the Facts Giving Rise to Immediate Necessity for Preliminary Injunction and Temporary Restraining Order; and Memorandum of Points and Authorities in Support of the Motion, plaintiffs move this honorable Court to preliminarily enjoin all concerted efforts by defendants and their agents to cause the imprisonment of plaintiffs, or those thought to be plaintiffs, under color of 36 CFR 7.96 (i)(1), 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
MARY HUDDLE and PHILIP JOSEPH, et. al., )
)
versus ) CA 88-3130-JHG
) Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al., )
defendants )
________________________________________)
Upon consideration of Plaintiffs' Application for a Temporary Restraining Order to restrain defendants or their agents from enforcing 36 CFR 7.96(i)(1) against them, 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 is satisified that the "vigils," as defined in plaintiffs' permit applications, maintained by plaintiffs in Lafayette Park do not violate 36 CFR (i)(1) or any other provision of law.
Based on the testimony and evidence adduced at the hearing, the Court concludes that the original intent of 36 CFR (i)(1) was "not to stifle First Amendment expression," but to prevent the
use of tents or other temporary structures in conjunction with the facilitation of demonstrations, which, the Park Service stated, would impact park lands in an unsustainable manner, and that plaintiffs, in demonstrating "living without accommodations," have not used any tents or temproary structures.
Also based on the findings of that hearing, the Court finds that plaintiffs' "vigils" cannot be shown to have resulted in any tangible damage to park resources, and defendants were unable to present any legitimate government interest which would be served by preventing plaintiffs from continuing their "vigils."
Finally, plaintiffs convincingly showed that the regulation had been applied, without probable cause to justify threats by police officers directed to 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 unless plaintiffs activities exceed those represented in the permit applications which they presented as evidence, or unless it can be shown that plaintiffs activities have materially damaged park resources, or that they have used tents or other temporary structures during the course of their demonstrations, defendants and their agents are temporarily enjoined form enforcing the camping regu-lation 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
MARY HUDDLE and PHILIP JOSEPH, et. al., )
)
versus ) CA 88-3130-JHG
) Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al., )
defendants )
________________________________________)
I, William Thomas, hereby state that, on this 21st day of November, 1989 I caused true copies of the plaintiffs' Application for a Temporary Restraining Order, Motion for Preliminary Injunction, Summarization of the Complaint and the Facts Giving Rise to Immediate Necessity for Preliminary Injunction and Temporary Restraining Order, Declarations of Concepcion Picciotto, William Thomas, Joseph Vigorito, Jeffrey Brown, Stacey Davis, and Michael Cronin in support thereof, and a Memorandum of Points and Authorities in Support of the Application and Motion, to be hand-delivered to the offices of U.S. Attorney Michael Martinez at Judiciary Square, 555 4th Street N.W., Washington, D.C., and the Office of the Corporation Counsel for the District of Columbia, 1350 Pennsylvania Avenue, N.W., Washington, D.C.
_____________________________
William Thomas