UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MARY HUDDLE, et al.,
v. Civil Action No. 88-3130JHG
RONALD WILSON REAGAN, et al.,
DECLARATION OF RANDOLPH J. MYERS
I, Randolph J. Myers, pursuant to 28 U.5.C. S 1746, depose
and say as follows:
1. I am an Attorney-Advisor, Branch of National Capital
Parks, Division of Conservation and Wildlife in the Office of
the Solicitor, United States Department of the Interior.
2. In that capacity, I am responsible for advising the
United States Park Police in the National Capital Region on law
3. On the evening of October 24, 1989, I received a telephone
call at my home from United States Park Police Sergeant Paccione.
He briefly informed me of an incident where officers had seized
a flamed lighted torch from William Thomas in Lafayette Park as
a violation of 36 C.F.R. § 2.13. I asked that the officer
submit to our office a report of the incident and a photograph
of the torch. Pending our office's review of the incident, I suggested
that the torch be returned to Mr. Thomas. Attached is the police
report of the incident and a photograph of the torch.
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4. The next day, I reviewed the police report and photograph
of the torch. I believe the lighted torch which William Thomas
had in Lafayette Park constitutes a violation of 36 C.F.R. §
2.13. Title 36 C.F.R. § 2.13 states in pertinent part:
5. I then informed United States Park Police Lt. William
Ruth that such torches in Lafayette Park constituted a violation
of 36 C.F.R. § 2.13 and asked that his officers be alerted
as to our opinion.
6. Some time prior to October 25, 1989, I had been asked
by a Park Police officer whether in Lafayette Park it was proper
for Concepcion Picciotto to have four signs which were not hand-carried.
7. I had earlier seen the demonstration site of Concepcion
Picciotto in Lafayette Park and observed two flags attached to
two 4 x 4 signs. I informed the officer that the display by Ms.
Picciotto of four signs in Lafayette Park violated 36 C.F.R. §
7.96(g)(5)(x)(B)(2) which states in pertinent part:
(a) The following are prohibited: (l) Lighting or maintaining
a fire, except in designated areas or receptacles and under conditions
that may be established by the superintendent.
(3) Lighting, tending, or using a fire, stove, or lantern
in a manner that threatens, causes damage to, or results in the
burning of property, real property or park resources, or creates
a public safety hazard.
8. On October 25, 1989, United States Park Police Officer
Mizell instructed Ms. Picciotto to remove the two flags which
were attached to two 4 x 4 signs, due to its violation of 36 C.F.R.
5 7.96(g)(5)(x)(B)(2). A copy of his occasion report is attached.
9. I have never attempted to deprive William Thomas or
Concepcion Picciotto, or any of the plaintiffs, of their civil
or constitutional rights.
10. I have never conspired with anyone to deprive any of
the plaintiffs, of their civil or constitutional rights and I
am not aware of anyone else having ever done so.
11. I have never "harassed" William Thomas or
Concepcion Picciotto, or any of the plaintiffs because of the
content of their signs or because of any political or other viewpoint
they espouse and I have never directed nor been directed to direct
others to "harass" Mr. Thomas, Ms. Picciotto, or any
of the plaintiffs.
I declare under penalty of perjury that the foregoing is
true and correct to the best of my knowledge and belief.
Signs that are not being hand-carried and that are no larger
than four (4) feet in length, four (4) feet in width ... may
be used in Lafayette Park provided that no individual may have
more than two (2) such signs in the Park at any one time and
provided further that such signs must be attended at all times
Executed this 1st day of December, 1989.
(signed) Randolph J. Myers
RANDOLPH J. MYERS