THOMAS v. REAGAN

USDC Cr. No. 84-3552

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
WILLIAM THOMAS, et al    
     Plaintiff Pro Se    
                         
versus                          CA 84-3552
                                Judge Louis Oberdorfer
UNITED STATES, et al     
     Defendants

DECLARATION OF ROBERT DORROUGH RE
April 15, 1987

I, Robert Dorrough, declare under penalty of perjury that the following is accurate and correct to the best of my knowledge:

1. At or about 10:00 AM on April 15, 1987 I observed Richard Robbins, NPS Solicitor's Office, U.S. Park Police Lt. Hall, Sgt. Malhoyt, officers Burnette, Dause, and others converging just east of the center of Lafayette Park, on the south side.

2. After informing William Thomas of their presence, I had someone else watch my own signs, and went to Concepcion Picciotto's demonstration site to observe, and to record the conversations to the best of my ability.

3. Richard Robbins walked up to Concepcion and began to tell her she had too much property.

4. "What are you talking about?" Concepcion asked. "I only have what you have already said I could have in your letter."

5. "Well, Connie," Mr. Robbins replied. "that plastic tarp has to go, and you can only have a small amount of literature. What's under there?" he continued, referring to the plastic tarp.

6. "Literature," Concepcion answered, and began to pull out copies of her literature. "The people in the buses come through and take all of what I have laid out. I am here round the clock. What should I do?" she asked.

7. "You get rid of the tarp and the literature, or we will get rid of it." Richard Robbins seemed angry, as he ceased conversing with Concepcion abruptly.

8. Then Mr. Robbins, surrounded by police officals, approached Sunrise's demonstration. I followed and sat observing.

9. Robbins instructed Lt. Hall that these people will have to be woken up.

10. Lt. Hall kicked the blanket that Sunrise was under, and the foot of a person known to me as "Mike." Lt. Hall asked whether anyone was under "that tarp," and Sunrise said "No."

11. "You can't have these blankets. That tarp has to go. You have to get rid of this luggage, and extra clothing," Mr. Robbins instructed Sunrise.

12. "No," Sunrise responded. "The regulations say that I cannot store these things. I am using everything here. It doesn't say that I cna`t have these things; just that I can't store them."

13. "You can't have them," Mr. Robbins reiterated.

14. "Okay, fine," Sunrise said. "If you want them, here take them. They're not even mine. You want them, you take them." He started placing the blankets on the sidewalk away from his signs. Robbins walked away, accompanied by Lt. Hall and some other officials, but officers Dause and Burnette, who was taking pictures with a 35 mm camera, remained.

15. I followed Robbins and Hall. They approached my demonstration site. "Listen," Mr. Robbins started by telling me, "you're not allowed to have sleeping bags or blankets, and you can only have enough literature for one day. You can't have this living stuff here. You have to get rid of this plastic tarp."

16. "Most of this stuff isn't mine, and I've asked the owners not to put it on or near my signs. As far as my sleeping bag and plastic is concerned we may have to get a Federal judge to stay out here for twenty-four hours to decide what's necessary to maintain oneself."

17. "All right, Mr. Dorrough," Mr. Robbins replied. He then walked over to the Thomas' demonstration site. I asked someone to stay within three feet so that I could closely follow the conversation and take notes.

18. "Mr.Thomas, we're here to get everybody to reduce the amount of property here. What's in there?" Mr. Robbins asked, indicating a milk crate.

19. "Literature," Thomas replied.

20. "Well, Mr. Thomas, we're here to tell you to reduce somewhat."

21. "Could you be more specific?" Thomas asked.

22. "Your literature needs to be reduced to one day's supply. What's in that backpack? You're not allowed to have luggage."

23. "I keep legal papers in my backpack. I carry it with me everywhere I go. When I leave, it goes with me."

24. "Well, what we're looking at is literature." Mr. Robbins continued.

25. "There are several copies of many different pieces of literature that we pass out to interested persons. I sent a letter to Sandra Alley about the amount of literature necessary, and blankets and so forth," Thomas said.

26. "We're not going to permit blankets, and your literature seems excessive to me. What's in that brown bag?"

27. Thomas took the bag and opened it for Mr. Robbins to see. "Various things which Ellen is working on, and a roll of ContactPaper which we us to protect the literature we put on the signs."

28. "Well, you'll have to store it somewhere else," Robbins said. "What's in that big case?"

29. "I wouldn't call this a big case." Thomas said openning the container, which measured approximately 4" x 6" x 3'. "Pens, magic markers, a stapler, tape. Things which we use every day in the course of our demonstration."

30. "That's more pens than you can reasonably use in one day."

31. "Not really," Thomas explained. "We are taking signatures on a petition. We have more than one copy of the petition (Thomas displayed several copies to Mr. Robbins), and when there are groups we circulate several at the same time. We also supply pens to the signers. It's tough to keep track of all the pens. Folks don't always have a good memory, and we go through a lot of pens in a day."

32. "You don't need all that for your demonstration. That would be like saying that it was all right for the Washington Post to have its presses out here in the Park."

31. Thomas disagreed.

32. "Well, you'll have to store it somewhere else. We believe it's in excess. What about that blanket? You can't have that blanket."

33. "I'm sitting on the blanket," Thomas said.

34. "You can't have the blanket."

35. "Do you mean to say that a person is not permitted to sit on a blanket in the Park?" Thomas asked.

36. "You'll have to get rid of that blanket." Mr. Robbins appeared to be irate.

37. "If you want the blanket you'll have to take it from me through force," Thomas said.

38. "Fine," Mr. Robbins answered. "We will." At that point he walked away from Thomas.

39. During Mr.Robbins' conversation with Thomas I looked up to see Officer Burnette shove Sunrise three times. I refocused my attention on the conversation between Mr. Robbins and Thomas. When I looked again for Sunrise he was handcuffed, and sitting in the back seat of a police cruiser. I asked Officer Burnette what he charged Sunrise with.

40. Officer Burnette told me to ask someone else. I then asked Sgt. Malhoyt, who asked Officer Burnette, and then came back to me, and informed me that Sunrise had been charged with Disorderly Conduct.

41. I witnessed the officials throwing Sunrise's demonstration materials into the back of an open pickup truck. It was starting to rain.

Sworn to this ____ day of April, 1987

_________________________________
Robert Dorrough

Case Listing --- Proposition One ---- Peace Park