UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84
UNITED STATES OF AMERICA
v.
WAYNE THOMAS
ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON
MOTION TO DISMISS INFORMATION
Ellen B. Thomas, by her counsel hereby moves to dismiss the information alleging that she violated 36 C.F.R., Sections 50.7 and 50.27 by camping in Lafayette Park, on the following grounds:
1. Officers of the United States Park Police arrested Ellen Thomas on June 6, 1984. On July 13, 1984 Ellen Thomas was arraigned on an information charging her with one count of camping in an area not designated for camping, in violation of 36 C.F.R., Sections 50.7 and 50.27.
2. Ellen Thomas has been selected for prosecution under 36 C.F.R., Section 50.27, in part, because of the expressive character of her activity in Lafayette Park. Others who engage in similar conduct, but who do not have any message to communicate, are not prosecuted for violating this regulation. This prosecution, therefore, unfairly penalizes Ellen Thomas for her protected speech, in violation of the First Amendment and the due process standards of the Fifth Amendment.
3. 36 C.F.R., Section 50.27 is unconstitutional as applied to Ms. Thomas, because her activities are protected by the First Amendment.
4. The anti-camping regulations, 36 C.F.R., Section 50.27, is invalid on its face, because it is overbroad, needlessly prohibiting conduct which is protected by the First Amendment as well as conduct which is not expressive.
5. 36 C.F.R., Section 50.27 is also unconstitutionally vague; it fails to give fair warning of the acts proscribed and it is subject to arbitrary and discriminatory enforcement.
6. Alternatively, this Court may remedy the invalidity of 36 C.F.R., Section 50.27 by construing it not to apply to expressive activity such as that of Ellen Thomas.
7. Ellen Thomas requests leave of this Court to adopt as her own and conform to the extent applicable any motion to Dismiss the Information filed by any other defendant and to share equally in any relief granted therein.
WHEREFORE, Ms. Thomas respectfully asks this Court to dismiss the information alleging that she violated 36 C.F.R., Sections 50.7 and 50.27.
Respectfully submitted,
/s/Stephen G. Milliken
STEPHEN G. MILLIKEN
Milliken & Van Susteren, P.C.
511 E Street, N.W.
Washington, D.C. 20001
(202)393-7676
I hereby certify that a true copy of the foregoing was mailed, postage prepaid, to Assistant U.S. Attorney Pamela Stuart, U.S. Courthouse, Constitution Avenue and John Marshall Place, N.W., Washington, D.C. 20001; to Phyllis B. Tatik, Esquire, Juvenile Justice Clinic, 605 G Street, N.W., Third Floor, Washington, D.C. 20001; to Robert DeBerardinis, Esquire, 1534 16th Street, N.W., Washington, D.C. 20036; to Mark Venuti, Esquire, 2001 S Street, N.W., Suite 630, Washington, D.C. 20009; and to Richard Seligman, 2001 S Street, N.W., Suite 630, Washington, D.C. 20009; this 31st day of July, 1984.
/s/Stephen G. Milliken
STEPHEN G. MILLIKEN
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Criminal No. 84-255
Judge Joyce Hens Green
Motions Hearing and Trial: 9/17/84
UNITED STATES OF AMERICA
v.
WAYNE THOMAS
ELLEN B. THOMAS
ROBERT DORROUGH
WILLIAM THOMAS
DAVID MANNING
CONCEPCION PICCIOTTO
ANTHONY NELSON
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS INFORMATION
Ellen B. Thomas, by her counsel, respectfully requests leave of this Court to adopt as her own and conform to the extent applicable the Memorandum of Points and Authorities filed in support of Defendant Picciotto's Motion to Dismiss.
Respectfully submitted,
/s/Stephen G. Milliken_
STEPHEN G. MILLIKEN
MilIiken & Van Susteren, P.C.
511 E Street, N.W.
Washington, D.C. 20001
(202)393-7676
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
: Criminal No. 84-255 Judge Joyce Hens Green Motions Hearing and Trial:9/17/84
UNITED STATES OF AMERICA :
v. :
WAYNE THOMAS :
ELLEN B. THOMAS
ROBERT DORROUGH :
WILLIAM THOMAS
DAVID MANNING :
CONCEPCION PICCIOTTO
ANTHONY NELSON :
ORDER
This matter having come before the Court on Defendant Ellen Thomas' Motion to Dismiss the Information, and the Court having considered the Motion and Memorandum in Support Thereof, and the Government's Opposition, now, this ______ day of ___________________, 1984,
IT IS HEREBY ORDERED that Defendant Ellen Thomas' Motion to Dismiss is GRANTED.
/s/____________________________
UNITED STATES DISTRICT JUDGE