The National Park Service believes that the final regulatory
restrictions, taken as a whole, accomplish the purpose of
restoring Lafayette Park as a historic site and formal garden
while still allowing ample avenues of communication for those who
wish to demonstrate in the Park or elsewhere in the vicinity of
the White House. The Park Service believes that it has a
responsibility to maintain e high level of aesthetic quality in
the parks under its administration, consistent with its duty
to allow citizens an opportunity to express their First Amendment
rights. Further, the Park Service would be remiss in its
responsibilities to all citizens if it did nothing to curb
increasing resource damage or if it ignored safety concerns.
Moreover, the National Park Service believes that there is clear
legal authority for promulgation of these regulations as they are
content neutral, leave open ample alternative avenues of
communication, and are narrowly tailored to meet legitimate
government interests. The substantial government interest in
safety, resource protection and aesthetics has been affirmed
repeatedly by the courts. In fact, the Supreme Court has
recognized aesthetics as a substantial government interest in at
least two cases decided within the past two years.
It is not easy to draw the lines established in the final rule
for this reason, the National Park Service wishes to express its
appreciation to the many individuals and groups who took the time
to contribute their comments and suggestions on the proper
management of the national parts.
The following persons participated in the writing of this rule:
Richard G. Robbins and Patricia S. Bangert. Office of the
SolicItor. U.S. Department of the Interior.
Paperwork Reduction Act
The information requirements contained in § 50.19 of Part 50
have been cleared by the Office of Management and Budget for
approval under 44 U.S.C. 3501, et seq.. and assigned clearance
Compliance with Other Laws
The National Park Service has determined that this document is
not a major rule requiring preparation of a Regulatory Impact
Analysis under Executive Order 22291. The National Park Service
also has determined that the rule will not have a significant
economic impact on a substantial number of small entities and,
therefore, does not require a small entity flexibility analysis
under 5 U.S.C. 801. The rule merely places reasonable limitations
on the use of structures and signs in Lafayette Park. The rule
will have no significant impact on any aspect of the economy.
The National Park Service has further determined that this rule
is not a major Federal action significantly affecting the
quality of the human environment under the National Environmental
Policy Act 12 U.SC. 4332, et seq.
List of Subjects in 38 CFR Part 50
District of Columbia, National parks, National Capital parks.
PART 50--NATIONAL CAPITAL PARKS
In consideration of the foregoing, 36 CFR Part 50 is amended as
1. The authority citation for Part 50 is revised to read as
Authority: 16 U.SC. 1, 3.9a, 462(k): (D.C. Code 8-137 (1981) and
D.C. Code § 40-723 (1981).
2. Section 50.19 is amended by redesignating paragraphs, (e)
(11) through (14) as (e) (12) through (15) and adding a new
paragraph (e)(11) to read as follows:
850.19 Demonstrations and Special Events.
(11) The following are prohibited in Lafayette Park:
(i) The erection placement or use of structures of any kind
except for the following:
(A) Structures that are being hand-carried are allowed.
(B) When one hundred (100) or more persons are participating in
a demonstration in the Park, a temporary speaker's platform as is
reasonably required to serve the demonstration participants is
allowed as long as such platform is being erected, dismantled or
used, provided that only one speaker's platform is allowed per
demonstrating group, and provided further that such speaker's
platform is authorized by a permit issued pursuant to paragraph
(b) of this section.
(C) When less than one hundred (100) persons are participating
in a demonstration in the Park, a temporary "soapbox" speaker's
platform is allowed as long as such platform is being erected,
dismantled or used, provided that only one speaker's platform is
allowed per demonstrating group, and provided further that the
speaker's platform is no larger than three (3) feet in length,
three (3) feet in width, and three (3) feet in height, and
provided further that such speaker"s platform is authorized by a
permit issued pursuant to paragraph (b) of this section
(D) For the purpose of this section, the term "structure"
includes props and displays, such as coffins, crates, crosses,
theaters, cages, and statues; furniture and furnishings. such as
desks, chairs, tables, bookcases, cabinets, platforms, podiums
and lecterns; shelters, such as tents, boxes and other
enclosures; wagons and carts; and all other similar types of
property which might tend to harm park resources including
aesthetic interests. Provided however that the term, "structure"
does not include signs; bicycles, baby carriages and baby
strollers lawfully in the park that are temporarily placed in, or
are being moved across, the Park, and that are attended at times
while in the Park the term "attended" is defined as an
individual being within three (3) feet of his or her bicycle baby
carriage or baby stroller, and wheelchair and other devices for
the handicapped in use by handicapped persons.
(ii) The use of signs except for the following:
(A) Hand-carried signs are allowed regardless of size.
(B) Signs that are not being hand-carried and that are no larger
than four (4) feet in length, four (4) feet in width and
one-quarter (1/4) inch in thickness (exclusive of braces that are
reasonably required to meet support and safety requirements and
that are not used so as to form an enclosure of two (2) or more
sides) 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 the term. "attended" is defined as an individual being
within three (3) feet of his or her signs, and provided further
that such signs may not be elevated ia a manner so as to exceed a
height of six (6) feet above the ground at their highest point,
may not be arranged or combined in a manner so as to exceed the
size limitations set forth in this paragraph, and may not be
arranged in such a fashion as to form an enclosure of two (2) or
more sides. For example, under this provision, two four-foot by
four-foot signs may not be combined so as to create a sign eight
feet long and four feet wide, and three such signs may not be
arranged to create a sign four feet long and twelve feet wide,
and two or more signs of any size may not be leaned or otherwise
placed together so as to form an enclosure of two or more sides,
Dated: February 27, 1986.
P. Daniel Smith,
Assistant Secretary for Fish and Wildlife and
[FR Doc. 88-4693 Filed 3-4-86; 8:45 am]
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