Watt v. CCNV
Watt v. Community for Creative Non-Violence Slip Opinion No.
82-2445, 82-2477 (___ F.2d ___) (D.C. Cir. 1983) Argued January
14, 1983, decided March 9, 1983.
"To understand fully the government's current policy on sleeping in
the capitol's parks, it is important to note that sleeping is not,
PER SE, Illegal. Visitors to the capitol, or workers on their
lunch breaks, may safely catnap for short periods of time without
running afoul of the law. Sleeping in these circumstances conjures
up no threats to peace and public order. Although the Park
Service's anti-loitering regulation prohibits sleeping with intent
to remain for more than four hours, it contains an exception for
those with the proper authorization or the superintendent of the
National Parks. And as mentioned the government's camping
regulation also allows for "sleeping activities" that are not
deemed to constitute use of the area for living accommodation.
An
example of the discretion inherent in this latter determination is
evidenced by the Park Service's authorization, for participants in
a Vietnam Veteran's demonstration on the Mall in May 1982, of all
night sleep at a mock Vietnam era firebase where some of the
demonstrators were periodically roused to stand symbolic guard duty
... The only apparent distinction between the sleeping in the
veteran's demonstration and the sleeping proposed by CCNV is that
the veterans slept on the ground without any shelter. According to
the Park Service's interpretation of the new regulations, one's
participation in a demonstration as a sleeper becomes impermissible
"camping" when it is done within any temporary shelter erected as part of
the demonstration.
Case Listing --- Proposition One ---- Peace Park