707 F.Supp. 1
UNITED STATES of America
707 F.Supp. 1
a/k/a Sunrise S. Harmony, Defendant,
United States District Court,
District of Columbia.
Dec. 8, 1988, Crim. No. 87-0466-LFO
Order on Sentencing March 1, 1989..
Court of Appeals remanded appeal of defendant's conviction for
camping in Lafayette Park in violation of federal regulation. The District Court, Oberdorfer, J., held that evidence supported
determination that defendant was guilty of camping in park in
violation of federal regulation.
See also 702 F.Supp. 295.
Evidence supported determination that defendant was guilty of
camping in Lafayette Park in violation of federal regulation;
defendant conceded that, with "rare" exceptions, he remained in
park almost 24 hours a day so that he could keep his signs in
park for purpose of communication, and arresting officer
testified that defendant was lying down at demonstration site in
park on and under several blankets.
Sunrise S. Harmony, Washington, D.C., pro se.ORDER
John Finnegan, Asst. U.S. Atty., Washington, D.C., for U.S.
OBERDORFER, District Judge.
On November 17, 1987, United States Magistrate Arthur Burnett
found defendant guilty of camping in Lafayette Park in violation
of 36 C.F.R. s 7.96(i)(1) and sentenced him to incarceration for
thirty days. After a hearing on December 22, 1987, this Court
affirmed defendant's conviction, but on January 21, 1988,
imposition of sentence was suspended, and defendant was placed on
probation for a period of two years. Also on January 21, 1988,
defendant filed a notice of appeal to the Court of Appeals for
this Circuit. On February 11, 1988, defendant was ordered to
comply with certain special conditions of probation, and on June
8, 1988, those conditions were modified. On July 6, 1988, at this
Court's request, the Court of Appeals remanded defendant's appeal
of his conviction to this Court for specific findings and
conclusions in respect of the decision to affirm Magistrate
Burnett's decision of November 17, 1987.
At the November 17, 1987 hearing, the arresting officer testified
that on March 29, 1987, defendant was "lying down at his
demonstration site [in Lafayette Park] on and under several
blankets." Transcript of Hearing Before United States Magistrate
Burnett, United States v. Semple, Crim. No. 87- 0466 (D.D.C.
November 17, 1987) at 57. Furthermore, as defendant testified in
his own behalf, after waiving his privilege against
self-incrimination: So, if I am to be in the park 24 hours a day
to guard my signs, or keep my signs in the park for the reason of
communication, since I am a human being I must fall asleep, or I
must sleep I suppose a certain time.... In order for me to keep
my signs in the park I must be there 24 hours a day.... Id. at
87. Furthermore, on cross-examination, defendant conceded that,
with "rare" exceptions, he remains in Lafayette Park almost 24
hours a day. The only specific instances he could cite for which
he would leave the park were to "go to the bathroom, get a cup of
coffee once in a while, [and] sometimes spend time walking
around." Id. at 89. Defendant did not testify that he spent any
time out of Lafayette Park sleeping. For the reasons stated in
the attached Memorandum filed in a subsequent criminal case
involving defendant, this testimony and reasonable inferences
therefrom establish beyond a reasonable doubt that at the time of
defendant's arrest it was his practice to "sleep overnight" in
Lafayette Park and not elsewhere. *2 As the Supreme Court has
held, overnight sleeping in Lafayette Park without a valid permit
violates 36 C.F.R. s 7.96(i)(1). See Clark v. Community for
Creative Non-Violence, 468 U.S. 288, 104 S.Ct. 3065, 82 L.Ed.2d
Accordingly, it is this 8th day of December, 1988, hereby
ORDERED: that defendant's conviction for violating 36 C.F.R. s
7.96(i)(1) should be, and is hereby, affirmed, and the special
conditions of probation established for that conviction on June
8, 1988, should not be modified; and it is further
ORDERED: that the record in this matter shall be returned to the
Court of Appeals forthwith.
ORDER ON SENTENCING
Defendant came before the Court for sentencing in United States
v. Semple, Crim. No. 88-235-LFO (D.D.C.), on February 17, 1989.
For the reasons stated from the Bench on that day, it is this
28th day of February, 1989, hereby
ORDERED: that the conditions of defendant's probation, as stated
in the Order of February 11, 1988, and as modified by the Order
of June 8, 1988, should be, and are hereby, further modified to
add the following conditions: 1) Defendant shall refrain from
sleeping in Lafayette Park; and 2) Defendant shall not permit
articles (irrespective of who may own or control them), other
than those specifically authorized by defendant's conditions of
probation, to be placed or to remain within twenty feet of any of
the articles so authorized for defendant's possession in
Lafayette Park. Thus, from February 17, 1989, forward,
defendant's conditions of probation are as follows:
1. While in Lafayette Park, defendant may have in his possession
only the following items of personal property, in addition to
literature used in the course of his First Amendment activity:
one raincoat, one umbrella, one coat, other clothing necessary
for one person during one twenty-four hour period, a camera, a
tape recorder, two blankets, one thermos, toilet articles, a
supply of food no greater than that required for one person
during one twenty-four hour period, and an amount of plastic
necessary to cover these articles in inclement weather. See
Letter from Richard G. Robbins, Assistant Solicitor, National
Capitol Parks, to Concepcion Picciotto (May 8, 1986) (Exhibit 1
to Defendant's Motion to Reduce Sentence, filed May 10, 1988).
2. While in Lafayette Park, defendant shall not have in his
possession a sleeping bag, tarpaulin, duffel bag, or any other
item suitable for the storage of clothing or other personal
3. Defendant shall not permit articles (irrespective of who may
own or control them), other than those specifically authorized by
defendant's conditions of probation, to be placed or to remain
within twenty feet of any of the articles so authorized for
defendant's possession in Lafayette Park.
4. Defendant shall conform to the representations made by him in
his demonstration permit application, completed December 21,
1987. Specifically, defendant shall "leave the Park area to
wash, launder [his] clothes, prepare food, store personal
property, and perform all ... biological bodily functions."
5. Defendant shall refrain from sleeping in Lafayette Park.
6. Defendant shall remove himself from Lafayette Park for at
least thirty- five (35) hours, not necessarily to run
consecutively, during every seven-day period
Case Listing --- Proposition One ---- Peace Park