Rainbow/Legaliaison Update 2/26/90

Rainbow Legaliaison/DC
Box 5604
Takoma Park, Maryland 20913
301-565-5276

February 26, 1990

Sometimes you may have thought that the government implements various policies (surveillance, searches, general abuse of authority, etc.) that may have made certain social gatherings in public places less pleasant than they might otherwise have been.

You may know that over the years the government has in fact attempted to enact regulations which would actually make certain social gatherings in public places illegal (i.e. "criminal").

You may recall the First Amendment provides that:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

In the past courts have held Forest Service permit regulations that would have made specfic social gatherings illegal "to be invalid under the First Amendment." E.g., United States v. Israel, No. Cr-86-027-TUC-RMB (Tucson, Arizona, May 10, 1986).

More recently a Federal District Court declined to rule on the constitutional validity of another Forest Service regulation aimed at abridging a particular social gathering on public lands, but only held the proposed regulation was improper because the Forest Service failed to allow a "public comment period," as required when government agencies promulgate a regulation. See, United States v. Rainbow Family, Civil Action # L-38-88-CA, USDC (Eastern Texas, June 1, 1987, J. Justice).

As years pass laws may be interpreted differently. Some legal authorities claim there has been a gentle judicial shift toward the "conservative right" over the past eight or nine years. Not many people who enjoy social gatherings on public lands enjoy spending time in court. Unfortunately the Forest Service, which pays a bunch of folks to do nothing but spend time in court, is presently preparing yet another regulatory attack on peaceable assembly on public lands. This time they are not likely to repeat the mistake of omitting "public comment."

Rainbow Legaliaison/DC believes the best hope to insure that the 1990 National Gathering is not regulated into a "criminal act" is for the U.S. Forest Service to receive thousands of well-reasoned letters explaining why their upcoming regulatory scheme cannot be tolerated in a democracy or why it belongs in a totalitarian police state. First reading the Forest Service proposal -- which we expect will be published in the Federal Register within the next few weeks -- may be necessary to produce a well-reasoned letter. In addition to letters, thousands of signatures on the enclosed petition would also be helpful.

ADDITIONAL INFORMATION AVAILABLE UPON REQUEST.

PETITION

Without complaining about demonstrable damage done to the public lands by the oil, mining, timber and other industries yet countenanced by the U.S. Forest Service, it seems almost preposterous that the U.S. Forest Service would seriously consider requiring individuals to post a damage deposit before being allowed to meet harmlessly in the public wilderness.

Likewise, the idea that the citizens of a democracy might be required to obtain insurance policies before using public lands as a meeting site for religious, political, or social gatherings seems to suggest the absurd notion that the U.S. Forest Service might consider Mutual of Omaha to be a better guarantor of freedom than the First Amendment of the Constitution.

For these reasons I respectfully but emphatically oppose the proposed regulations which would impose these and other restrictions on the ability of Americans to meet freely on the public lands administered for them by the U.S. Forest Service. 

NAME            ADDRESS                              AGE

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PLEASE RETURN COMPLETED PETITIONS TO:
Rainbow Legaliaison/DC
P. O. Box 5604 ** Takoma Park, Maryland 20913
(Telephone number 301-565-5276)
AS SOON AS POSSIBLE

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