Declaration of Randolf Myers

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
                                   |
               v.                  |
                                   |
     The United States, et. al.    |
           Defendants.             |

DECLARATION OF RANDOLPH J. MYERS

I, Randolph J. Myers, pursuant to 28 U.S.C. 9 1746, depose and say as follows:

1. I am an Attorney in the National Capital Parks Branch, Division of Conservation and Wildlife, Office of the Solicitor, Department of the Interior.

2. As part of my duties I am responsible for legal matters arising in connection with all programs and activities of the National Capital Area of the National Park Service and the United States Park Police. The National Capital Area includes the Federal park land within the District of Columbia, and includes Lafayette Park.

3. On November 10, 1994, William Thomas wrote to Assistant Solicitor Richard G. Robbins, asking whether Mr. Thomas' signs in Lafayette Park conformed to National Park Service regulations. Mr. Thomas also asked that if the signs did not comply, what structural alterations would be necessary to bring it into compliance with Park Service regulations. As part of my responsibilities, Mr. Robbins assigned me to review and respond to

1

Mr. Thomas' inquiry.

4. In that regard, I reviewed the pertinent Park Service regulations, regulatory history, as well as numerous photographs of Mr. Thomas' earlier constructed signs taken between October 8, 1988 and April 28, 1991. Further, I reviewed photographs of Mr. Thomas' as well as Concepcion Picciotto's signs that were taken on January 13, 1995.

5. I then responded in writing to Mr. Thomas' inquiry on January 20, 1995, explained why the currently constructed signs did not comply with the regulations and what structural alterations would be necessary to bring it into compliance. This letter, along with several photographs, was mailed postage prepaid to Mr. Thomas on January 20, 1995. A copy of this letter, which I adopt and affirm, is attached.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed this 25th day of July, 1995.

________________________
RANDOLPH J. MYERS