March organizer Louis Farrakhan, leader of the Nation of Islam,
threatened to sue, and the matter became further embroiled in
controversy when an expert in satellite imagery at Boston
University, called in at the request of ABC News, put the figure
at 837,000. The difference was mostly the result of differing
assumptions about the density of the crowd--the Park Service
assuming three people were standing in each square meter, the
Boston University professor assuming six.
SORRY, THAT'S NOT ALLOWED
GETTING THE PARK SERVICE'S permission for a political
demonstration is fairly routine. No permit is required at all if
25 or fewer participants are expected. Bigger groups must fill
out an application at the agency's regional headquarters in East
Potomac Park. It's a first-come, first-served operation, the best
locations going to those who get there early. "They run a permit
service that is customer friendly, service oriented, and
efficient," says Art Spitzer. "And they try to accommodate
everyone."
The rules allow groups to apply for a date and location up to
a year in advance, which has led on occasion to a wild rivalry.
One of these in the 1980s--a competition to reserve Lafayette
Park on the Fourth of July--pitted the Family Celebration
Coalition, a group organized by former DC Delegate Walter
Fauntroy, against the Cannabis Coalition, a pro-marijuana group
that wanted the park for a smoke-in. The two groups would send
representatives to the permit office on the morning of July 5, a
year in advance, and they'd make a dash to be first in line when
it opened.
There are times when the Park Service is less
permissive--denying permits for certain non-political events,
demanding that plans be modified or enforcing its rules to the
letter. Behind this stance at times is the issue of safety.
Though civil libertarians believe the ban on structures in
Lafayette Park is aimed mostly at making the place tidy and
respectable, the Park Service also justifies it on grounds of
security.
It's possible, goes the argument, that someone with a missile
aimed at the White House might hide in a plywood hut using it as
a kind of "terrorist duck blind." This was the same logic the
Park Service used a few winters ago in tearing down an igloo
someone had built in the park.
Other restrictions are intended to maintain a level of"dignity"
deemed appropriate for national memorials. No demonstrations are
allowed inside the Lincoln and Jefferson memorials, within the
ring of flags at the Washington Monument, on the south edge of
the White House grounds, or around the Vietnam Veterans Memorial.
The Vietnam Memorial is protected by an even wider perimeter
where high-decibel sound systems are banned. The dignity issue
also was part of the reason the Park Service denied permission to
tie a yellow ribbon around the Washington Monument to welcome
home American hostages held in Iran.
Most of the 25 or so requests each year to shoot commercial
photos or films on park land in Washington are approved. Clint
Eastwood was allowed to eat ice cream on the steps of the Lincoln
Memorial in In the Line of' Fire, and Tom Hanks got to wade into
the Reflecting Pool in Forrest Gump, though the movie company had
to put down a pad to protect the bottom of the pool. But a few
filming requests have been denied. Arnold Schwarzenegger, in town
for the filming of True Lies, was turned down when he sought to
gallop a horse through the Reflecting Pool in pursuit of Islamic
terrorists.
Schwarzenegger tried to get the denial reversed by flexing
some political muscle on higher-ups in the Department of
Interior. Sargent Shriver, his father-in-law and member of the
Kennedy inner circle, as well as Jack Valenti, the head of the
Motion Picture Association of America, made some calls. But
nobody at Interior, including Secretary Bruce Babbitt, would
budge on the no-horse ruling.
Another case of political maneuvering on a permit involved the
march for gay and lesbian rights in the spring of 1993.
Organizers wanted to use a portion of the Mall that the Park
Service had re-seeded and declared off limits. The organizers
took their case to the Clinton White House and to Massachusetts
Congressman Gerry Studds--and an agreement was worked out to
allow use of the grounds. In the deal, an anonymous donor (said
to be music mogul David Geffen) put up $300,000 to cover any
damages; the grass held up surprisingly well, and most of the
money was refunded.
GIVEN THE PARK SERVICE'S OBLIGATIONS TO MOTHER NATURE, it is
no surprise that it is a stickler about protecting the grass and
trees in the parks. For years it has had a dispute with the
Smithsonian over the location of the institution's midsummer
Festival of American Folklife, which attracts so many people that
Park Service naturalists believe the soil around the Mall's
beautiful American elms gets compacted, thus preventing water
from seeping down to their roots.
Permits issued for the display of the AIDS quilt include a
requirement that it be lifted every two hours to let the grass
underneath get some air--a task that requires dozens of
volunteers and has taken on a ceremonial aura."People come to see
the lifting of the quilt thinking it's symbolic:' says an
organizer of the event, "but it's really just so we can get the
damned permit."
Balloons on the Mall are another no-no discouraged because
they may float away, fall to earth, and get caught in the throats
of wildlife. The Park Service also doesn't like to see dead
bodies brought to demonstrations, though it has happened at
events focusing on AIDS, the homeless, and abortion.
The Park Service also takes a dim view of commercialism on the
Mall and its other venues. Trade shows aren't allowed, the signs
of corporate sponsors must be event related, and a promoter who
wants to run a Grand Prix auto race around the Tidal Basin has
been turned down several times. Only concessionaires with
exclusive long-term contracts are allowed to sell commercially
packaged foods or beverages, though there's an exception for
ethnic foods sold at cultural festivals. But promoters keep
trying. Cigar Aficionado, a magazine based in New York, has
requested a permit for use of Lafayette Park in March "to draw
attention to the fact that many responsible citizens from around
the US enjoy smoking cigars."
The most publicized Park Service battle with commercialism on
the Mall has involved T-shirt vendors. For years, a handful of
groups sold T-shirts and other items to tourists near the Vietnam
Veterans Memorial by getting permits, under the First Amendment,
as "demonstrators." In 1994, reacting to complaints that the
place was becoming a flea market, the Park Service proposed new
regulations banning such sales, but publicity surrounding the
proposed rules alerted other vendors that they too could sell
under a demonstration permit.
Before long, as many as 400 vendors had tables heaped with
T-shirts set up around the Vietnam Memorial, the Jefferson
Memorial, the Lincoln Memorial, and the Washington Monument--some
using generators to run lights at night and hiring the homeless
to guard their spaces.
To maintain the ruse that they were political demonstrators,
some stamped slogans promoting DC statehood on their shirts,
whose political content otherwise was limited to depictions of
the cherry blossoms or Beavis and Butthead.
Although the Park Service eventually got a judge's approval to
remove most of the vendors, the issue is still in the courts.
Most likely, some T-shirt sales will be allowed, perhaps in zones
set aside for that purpose.
ALL OF WHICH GOES TO PROVE that in our time, near the end of
the 20th century, in this place, the capital of the federal
government, nothing is ever simple. I can only imagine the
questions that might face Don Quixote if he arrived on the
scene with Sancho Panza seeking a permit to tilt at windmills on
the Mall.
Clearly it would qualify as "symbolic free speech" under the
First Amendment. But you have to wonder whether the blades of the
windmills would pose a threat to bystanders, whether the Man of
La Mancha's donkey was being abused, and whether the sharp tip of
his medieval lance ought to be covered by a rubber protector.
Rick Robbins warms to this fantasy: "As long as we could
ensure that the soil under the elm tree would not be damaged and
that the Humane Society would have no objection on the donkey,
I'm sure we could work something out."
Pennsylvania Ave. Closure || Peace Park