Plaintiffs, Pro Se               )
                                        )   CA 88-3130-JHG
          versus                        )
                                        )   Judge Joyce Hens Green
RONALD WILSON REAGAN, et. al.,          )


I, Scott Galindez, a plaintiff, pro se, in the above entitled action, hereby declare under penalty of perjury that the following is true and correct to the best of my knowledge and recollection:

l. On or about December 22, 1986, I wandered through Lafayette Park while I was a tourist in Washington, D.C. I observed various signs calling for global nuclear disarmament, peace, and love. One of the signs stated "Day 97" of a fast for global nuclear disarmament. Nuclear disarmament is an issue that I strongly believe in, and in combination with knowledge that someone was willing to give his life for the cause, I was led to soul-searching. I decided that there was nothing more important for me to dedicate my life to than working for peace.

2. The first night I stayed in the park I was cited for camping. In the two years I have been involved in the vigil I have seen dozens of people who were interested in becoming a part of the vigil for nuclear disarmament chased away by Park Police officers threatening to arrest them for camping. Instead of scaring me away, my commitment became stronger. I thought it was ludicrous to cite someone for camping on a cold December night. This was the first of many occasions that the Park Police have harassed me in the last two years. Here are a few of the more recent occasions:


4. Over the next three nights the Park Police officers on duty in Lafayette Park made it a point to keep me and the two other demonstrators with me awake.

5. The officers would arrive almost every hour. Each night, on the officer's first round, I informed them that I was demonstrating whet the American people were doing, and that if they woke me up they would be violating my First Amendment rights. I would also inform the officer that in United States v. Abney, ___ F.2d ____ (D.C. Cir. 1972) the court had ruled that sleep could be an expressive form of behavior protected by the Constitution. On their subsequent rounds the officers would observe me until they saw me move, and then they would walk away. On several occasions they commented to the two other people who were demonstrating with me, "He is awake, he moved."

6. On or about October 30, 1988, U.S. Park Police Officer Kevin Fornshill approached and read the sign. He said something along the lines of, "This doesn't mean you can sleep. If you do you will be camping."

7. I replied that he would have to determine whether I was actually sleeping or just demonstrating sleep. I also told him about Abney, and that if I actually was sleeping, and he woke me up, he would be violating my right to demonstrate.

8. The next time he came by I refused to respond, as I had after the officer's first round on each of the previous nights.

9. On or about October 30th I was awake when Officer Fornshill approached me at approximately 2:00 a.m. Before he came to me I heard him speaking with my two friends. On this occasion when Officer Fornshill spoke to me I refused to respond, remained still with my eyes closed, and demonstrated sleep, until Officer Fornshill applied what I took to be an unpleasant gaseous substance to the area of my nose. I asked, "what was that?" I believe that Officer Fornshill knew I was awake, because he seemed to take it as a joke. He demanded my name and Social Security Number. I told him that I would not give him that information unless I was being arrested or cited. After arguing for a few minutes, he left.

10. On or about October 31, 1988,one day after Officer Fornshill "gassed" me, I was with Sunrise S. Harmony, Kayleen Purdy, and some other people at Sunrise's demonstration site, which was located in the southwestern section of Lafayette Park, about eighty feet directly north, and in plain sight of the Secret Service guard station at the northwest gate of the White House. At one point, when Sunrise was playing his guitar and singing, the Secret Service officers began broadcasting music over the guard station's public address system. At approximately 11:30 PM that same evening I was punched and knocked down by a person in the park when I attempted to stop the man from hitting my friend Kayleen Purdy. This man had already hit Kayleen several (?) times, and knocked her to the ground. The same man also beat and knocked Sunrise to the ground. This man conducted these assaults, in direct view of the Secret Service, over a period of at least fifteen minutes, and the Secret Service didn't respond at all.

11. On or about the night of November 3, 1988, a U.S. Park Police officer, whose name I believe was Thompson, searched me without just cause. Officer "Thompson" was with another officer who was taking pictures of the demonstration sites in the park. At one point Officer "Thompson" left the area and the officer who had been taking pictures asked for my name. Again I responded that I would not give him that information unless he was arrest-ing me or citing me for a violation of the law. After arguing with me for a while the officer summoned Officer "Thompson" to the scene. Officer "Thompson" first threatened me with arrest for refusing to identify myself. He then pulled me out of my sleeping bag and started roughly patting me down. Both officers then left and did not return that night.

12. The foregoing represent only a brief sample of harassment I have experienced from the Park Police. Since I began frequenting Lafayette Park in December, 1986 I have been arrested twice, purportedly for interfering with a police officer, once for purportedly sleeping on a bench. Additionally I have been cited about 13 times of purportedly camping.

13. I have never been tried or convicted for any of these purported violations, but once, in a moment of weakness, I did plead quilty to "interfering with a police officer."

Respectfully submitted,

Scott Galindez
Plaintiff, pro se
P.O. Box 27217, Washington, D.C. 20038
(202) 462-0757