CONCEPCION PICCIOTTO, et al. Plaintiffs, V. Civil No. 94-1935 (CRR) THE UNITED STATES OF AMERICA, et al., Defendants.
decided to conduct a hearing not only upon the Plaintiffs' application for a TRO, but to combine their request for a preliminary injunction with a hearing on the merits, pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure. This Memorandum Opinion and Order of even date shall constitute the Court's findings of fact and conclusions of law in this matter, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.
no possibility that the Plaintiff can prevail on the merits. See Washington Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977). It was undisputed that the President and his family had to move to the Blair House, and that the security of the First Family is of paramount importance. Under these particular circumstances, additional security measures were required to ensure the First Family's safe access from the Blair House to the White House, and to protect against any threats on the President' s life, particularly in light of the assassination attempt which occurred during late President Harry Truman's stay at the Blair House from 1948-1952. The Court finds that the closure of a limited portion of the Park, for a limited period of time, was a reasonable exercise of the discretionary powers of those charged with protecting the President and his family and do not warrant a Temporary Restraining Order under these particular circumstances. The Court further finds that the Defendants' actions were consistent with the Plaintiffs' First Amendment rights and with the requirements of 36 C.F.R. S 1.5, 
determined that the case shall be dismissed, and in any event will be moot by its terms on Monday, September 12, 1994, when the Park is scheduled to return to its normal operation. The Court shall thus issue an Order of even date herewith consistent with the foregoing Memorandum Opinion.
September 9, 1994