MARY HUDDLE and PHILIP JOSEPH, et. al., Plaintiffs, Pro Se, versus CA 88-3130-JHG Judge Joyce Hens Green RONALD WILSON REAGAN, et. al., Defendants.
uncovering truth and justice, and they proceeded to search side by side, there on the sidewalk.
Exhibit E-5, Declaration of William Thomas re October 11, 1986, id.
and were denied. Exhibit E-8, Errata Order, J. Oberdorfer, Thomas, et. al. v. United States, et. al., C.A. 84-3552, November 22, 1988.
against Concepcion were dismissed.)
of law to justify their concerted action. Exhibit 57.
by the euphemism "Peace Through Strength."
" (Thomas) stated that he was a non-violent person who objected to being in this country at what he feels i" against his will. (Thomas) stated that he went to the Soviet embassy to present them with a book he had written, and to prove that there is nothing to fear from the Soviet Union. (Thomas) expressed concern about nuclear destruction of the world, and believes that nuclear weapons are made because of the fear that this country has of the Soviet Union....
"Copies of the following entitled literature were obtained from (Thomas), and are being forwarded to ID under separate cover: Manifesto of Independence, Truth and Assorted Red Herrings, Parable of a Prophet, Parable of a Beast....
" (Thomas) feels these writings best express his philosophies and actions.... (Thomas) was calm, congenial, and understanding of our interest in him during the interview." Exhibits l(a),(b), (c), (d), (e), Secret Service (S.S.) report, June 16, 1981.
"Thomas ... in entirely coherent. He just lives in a world of the abstract, as a street corner philosopher, engaging curious passersby in Socratic dialogue on Freedom, Truth, and the meaning of Life.
"'The main point I'm trying to make' he says, 'is that the Earth is a unit. It's a whole thing. It's not compartmentalized. And what people do is to divide this unit up with imaginary lines, and then they start wars over those imaginary lines. This is not productive....
"Thomas recalled a conversation with Victor Doreshenko, an employee of the Soviet embassy where Thomas had been arrested for unlawful entry: 'I told him that I thought the mutual build-up of nuclear weapons had to do with mutual fear between the two nations, and he said: yes, he thought that was true. And then I told him that in order to prove to Americans that they have nothing to fear of the Russians, I wanted to surrender myself to the Soviet Union."' Exhibit 6, Boston Globe, August 27, 1981.
White House." Exhibit 7, Mitch Snyder declaration, June 30, 1983.
"On 11-27-81, the undersigned met with (Deputy Chief) Lindsey, and Assistant Chief Herring, in Lafayette Park at 0600 hours. We surveyed the area, and then met with the NPS Solicitors, Rick Robbins, and Diane Kelly. Mr. Rick Davige, Deputy Assistant Fish and Wildlife Service was also present....
"Sgt. Swerda and Officer P. Johnson read (a) statement to persons on the White House sidewalk. Three arrests were made by Officer Johnson (on the White House sidewalk)." Exhibit 13, Lt. J. Schamp, U.S.P.P Case Incident Report, November 29, 1981.
"My personal experience has led me to conclude that the United States, in pursuit of its own pleasure and comfort, is actively engaged in the destruction of the planet on which I live, and which I hold to be the property of my Creator. To work within the system that comprises the United States, is for me, to contribute to this destruction. On the basis of my religious principles I refuse to make this contribution, in effect, I refuse the beastly mark without which one may not buy, sell, or trade within this society (Revelations 13:15-19). Because I cannot buy, sell, or trade I am forced to live on the streets, and subsist on what society throws away. So my very existence
is a demonstration of the manner in which a truly moral person is compelled to live within an amoral society." Exhibit 14, Thomas notice, November 27, 1981.
"after being taken to the U.S. Park Police District One Substation ... (Thomas) was taken by ... two officers... to the intersection of 30th and Southern Streets, S.E., and ordered out of the police vehicle. Mr. Thomas also alleges that when he demanded that the officers return him to Lafayette Park, Officer Anderson told him that he could not return to that location because "the President and Mrs. Reagan live there."' Exhibit 3, Magistrate's Recommendation, January 13, 1987, pg. 9. See also Exhibit 15, Affidavit of Larry Tucker, November 2, 1982.
19. "On 12-25-81 (Thomas) was observed hanging by his wrists from a street light in front of 1600 Pennsylvania Avenue N.W. and was arrested by U.S. Park Police. This incident was photographed by UPI and was the subject of an article by the Washington Post. At the time of the arrest (Thomas) was in Possession of a one page statement rotesting police harassment (copies of the article and the statement will be forwarded to ID under a separate cover). On 12-25-81 at one-forty-five PM the subject was interviewed by special (Secret Service) agents (censored) and (censored) at the Park Police sub-station on Ohio Drive. The interview
revealed that the subject's purpose was to solicit the attention of the president regarding his displeasure with certain governmental operations." Exhibit 17, Secret Service Report, January 11, 1982; emphasis added.
1/ After that trial Thomas requested his Court-appointed attorney to appeal the conviction. The attorney assured Thomas that he would note an appeal, but never did.
We met (at least as early as spring of 1982) with individuals and legal people from Interior to work out some kind of an arrangement... I don't remember exactly when I first saw them out there, physically, but it became apparent that this was going to be the wave of the future." Exhibit 21, Testimony of Jerry Parr, May 3, 1983, CA-83-1243, ERA v. Watt, transcript p. 35-36.
" (B)anning the use of parks for living accommodations (and) designed not to stifle First Amendment expression, but to protect undesignated parks from activities for which they are not suited, and the impacts of which they can not sustain. Short term casual sleeping which does not occur in the context of using the park for living accommodations will
not be affected by these regulations. " Exhibit 24, Fed. Reg Vol 47, No 108, p. 24304, June 4, 1982, 36 CFR 50-27(a), written by defendant Robbins.
"I have determined that you are using the park as a living accommodation and that you are in violation of regulations contained in 36 CFR 50.19(e)(8), and 50.27(a)....
"This is to advise you that you are in violation of said regulations and to warn you that appropriate law enforcement action ... will be taken if you do not remove the temporary structures you are now using for living accommodation purposes from, and cease camping in, park areas not designated as public campgrounds by 9:00 on Monday, June 7, 1982.." Exhibit 25, Fish letter, June 4, 1982. EMPHASIS added.
"By sitting in front of the White House, sleeping, like Lazarus, by the gates of the world's wealthiest public servant, I hope to clearly demonstrate the lengths to which a moral person must go in order to remain true to the ideals of Truth, Justice, and Freedom within an amoral society In other words: I am demonstrating not only how to be in a world of law, and bureaucratic regulations which value property above human life, while not being part of such a world, but also I am demonstrating how difficult the law enforcement, judicial, and bureaucratic agencies of such a world make the life of an individual who presumes to question their morality." Exhibit 26, Thomas letter, June 5, 1982.
prepared by defendant Robbins' office, threatening Thomas with arrest. Exhibit 28, USPP Walter Sherba report, June 17, 1982.
"William Thomas and Isabela Concepcion (sic) were found sleeping by this officer. Both subjects were awakened, and warned on one occasion. They complied and I cleared at 0510 hours." Exhibit 31, Occasion report, November 12, 1982 Officer Ferebee.
"Although I am in this country against my will, while I am here I have a responsibility to scream out against the unresponsible activities of this government. For the most part my screaming has been ignored, but lack of attention has not been a factor in driving me away from the White House sidewalk. For more than seventeen months I have fought to retain the rights guaranteed by the First Amendment against the police, bureaucracy, and the suicidal system of this country. Perhaps one point that will be made by this demonstration will be to illustrate to Federal Magistrate Arthur Burnett that sleeping can be expressive communication. It may also serve to show that, while it may be necessary to go to ridiculous extremes in order to stand up for one's beliefs, one's belief in freedom need not, can not be protected by destroying the earth." Exhibit 32, Thomas letter November 10, 1982, Statement of Reason.
36. "The enforcement of these regulations in which the activity may be a part of a First Amendment expression should be delayed until consultation with a supervisor, and a representative of the Solicitor's Office who can be reached through the Force Communications Center." Exhibit 34, Memo to the Force from J.C. Lindsey, December 6, 1982, emphasis in original.
(JUDGE WILLIAM BRYANT): (§. 4) "I listened to the tape, and they locked the man up for going to sleep. And he says that is part of his -- he is out there forever, 24 hours. "In the face of it, it's a piddling case; but, really, it is a bedeviling case.... (p.. 9) "What bothers me is ... the definition (of
camping) when (Thomas) was arrested.... And the police officer, it was clear to him that he was acting because he felt they were asleep; and this was the activity that put them in violation, and I'm sure they still feel that way.... I have a hard time sleeping putting him in jail, actually, for what he did. He is such a -- I kind of tend to agree with him. He is such a minimal harm to anybody in the world. . ."
(MR. MARCY): "Your Honor, he is not a minimal harm.... He has been there since I believe June of the previous year....
(p. 11) "It is not an easy case, your Honor, but we would suggest to the Court that there is only one road to go down at this point. The defendant has been given every opportunity to conform his conduct, and he has failed to do so, and we would ask the Court to incarcerate him....
(p. 12) "Six months. If your Honor would like to send him to Sacramento to demonstrate in front of the state capitol out there, we wouldn't have any strong objection."
Exhibit 36, USA v. Thomas, CR 83-358, transcript July 5, 1983, p. 4.
(By Mr. Robbins) "On Friday (December 9, 1982) 1 received a call from John Meenan, the acting legal counsel to the Secret Service indicating that the Secret Service wanted to have a meeting to discuss the situation on the White House sidewalk with a view to solving some of the problems that were occurring there....
"We held our first meeting on the precursor of (the White House sidewalk) regulations on December 13, 1982." Exhibit 39, ERA v. Watt, USDC CA-83-1243, Richard Robbins testis December 13, 1983, Transcript p. 6-7.
all Prisoners of War and Missings
in Action are fully accounted for...