MARY HUDDLE and PHILIP JOSEPH, et. al.,
RONALD WILSON REAGAN, et. al.,
Judge Joyce Hens Green
Lafayette Park is a traditional site for individuals to speak on issues of broad public concern. Exhibit A.
the pilgrim decided that he could best serve his Creator by sitting down on the north side of Mr. Reagan's official residence, to wait for someone to offer him a more efficient method to achieve Understanding. Exhibits B-6 and E-l.
offered a "sort of civilized way" to resolve their problem. Exhibit D, page 28.
abuses did continue, much to their distress.
pilgrims had petitioned the law's protection in the first place. Thomas, et. al. v. United States, ___ F.Supp__; USDC CA 84-3552.
supervision of defendants Lindsey and Robbins, Thomas and Concepcion were arrested. Inter alia, paras. 27-29.
Robbins, supported by a phalanx of agents operating under color of a "structure," proceeded with a concerted "operation" to remove all but "hand held signs from the White House sidewalk," even though they were entirely aware that there was no provision of law to justify their concerted action. Inter alia, para. 57.
took the form of a grotesque caricature which they entitled the Administrative Record. SEE Defendants' Motion to Dismiss p. 28, ftn. l2. ALSO Exhibits ll3-A and ll3-B.
concept that world, or social, order through the imposition of force, violence, threats, and the infliction of physical or emotional pain and suffering upon human beings can be mitigated by the euphemism "Peace Through Strength." C. 72.
"(Thomas) stated that he was a non-violent person who objected to being in this country at what he feels is 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 l6, l98l. C. 22, 24, 26, 69, 72, 76; AmC. 43.
Recommendation"), in Thomas, et al, v. USA, et al, USDC CA 84-3552, January 13, 1987. COMPARE Motion to Strike, Exhibit A. C. 82-9l; AmC. l3, 43-56.
"Thomas ... is 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, l98l. COMPARE Exhibit l. C. 22 thru 25; AmC. 36.
Nature of Incident: "demonstration/vigil." C. l0, 69; AmC. 24, 3l, 54.
"On 11-26-81, 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. (COMPARE Exhibit 5.) 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 l3, Lt. J. Schamp, U.S.P.P Case Incident Report, November 29, 1981. C. 28, 89, 9l, 92; AmC. 56.
"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 l4, Thomas notice, November 27, l98l. C. 29, 78, 82, 9l, 92; AmC. ll.
"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 l5, Affidavit of Larry Tucker, November 2, l982. C. 29, 82, 9l, 93; AmC. 43-45.
l8. "(T)here for awhile (agents) were instructed to arrest people in front of the White House for unlawful entry and I think trespassing and a couple of other charges.... I know
Mr. Thomas was at least arrested on one occasion for those charges." Exhibit l6-B, Testimony Officer Samuel Wolz USA v. Thomas, USDC, 82-0329(M), September 16, 1982, transcript at 88. C. l9; AmC. 56.
l9. "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 protesting 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 l7, Secret Service Report, January ll, l982; emphasis added. C. 76; AmC. 54.
22. "Defendant Thomas was found guilty of the charge of disorderly conduct, but sentencing, and fine of twenty-five dollars, was suspended by Judge King because of conflict
with violation of Mr. Thomas' First Amendment rights." l/ Exhibit 20, Case Incident Report USPP Officer R.F. Perkins, January 5, l982. C. 90, 92, 93. AmC. 39.
23. "From the very beginning when those signs began to be ... attended ... (the Secret Service) started to have a concern. 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 2l, Testimony of Jerry Parr, May 3, 1983, CA-83-1243, ERA v. Watt, transcript p. 35-36. C. 25, 26, 35, 56, 62, 92; AmC. 45.
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.
the definition at 36 CFR 50.27(a) ("camping"). Defendant Fish suspended the thirty-day delay of effectiveness provided for by 5 USC 553, and defendant Robbins purported:
"(B)anning the use of parks for living accommodations (was) 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; see also Exhibit 24, 36 CFR 7.96(2), written by defendant Robbins. Thomas Declaration in support of Complaint, para. 6; C. 24-26; AmC. l, l3, 4l, 42.
."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. COMPARE, supra., paras. 8, 25. C. 27-37, 76, 82, 83, 85, 90; AmC. l3-38, 42, 56
"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. See also Exhibits 8, 9, 23, 25. C. 2l, 27, 29, 30, 45, 47, 54, 76, 90; AmC. l3, 40, 4l.
come into unmistakable compliance with the regulations, during the months of October, November, and December of 1982, he and Ms. Picciotto were subjected to intensive surveillance, and endured routine police harassment.
"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 3l, Occasion report, November 12, 1982 Officer Ferebee. C. 4, 6, 33; AmC. 38.
"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 guarenteed 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-B, Thomas letter November 10, 1982, Statement of Reason. C. 33, 80, 8l; AmC. 42.
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. Thomas Declaration in support of Complaint para. 30. C. 24, 33; AmC. 54.
(JUDGE WILLIAM BRYANT): (Exhibit 36, p. 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. . ." Id. (MR. MARCY) (p. 9): "Your Honor, he is not a minimal harm.... He has been there since I believe June of the previous year....
(p. ll) "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. l2) "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, l983, p. 4-l2. C. 93; AmC. 38, 4l, 43.
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 testimony, December 6, 1983, Transcript p. 6-7. C. 20, 3l, 32, 34, 35, 86; AmC. l4, l5.
"... Terrance McConnell, Vice President (of the Vietnam Veterans' Vigil Society ... and veteran representatives from a number of other states from across the nation have been maintaining a twenty-four-hour-a-day color guard at the Vietnam Veterans Memorial since December 24, 1982. Those dedicated men and women intend to continue their vigil until all Prisoners of War and Missings in Action are fully accounted for...
"On an equally encouraging note, the U.S. Government has recently exhibited a deep commitment to obtaining resolution of the POW/MIA accounting question making it a matter of the highest national priority and putting it on the front burner where it belongs." Exhibit 40, letter from Douglas Applegate, United States House of Representatives, October 3, 1983. C. 20; AmC. 42.
Complaint para. 5l. C. 25, 26; AmC. l4, 38, 39, 42.
Exhibit 46-A, testimony of Lt. Merillat, USA v. Thomas, USDC, CR 83-056, May 19, 1983 at 59; Exhibit 46-B, Ibid., p. 64. C. 26, 93; AmC. 42.
"I was summoned down there by the officials of the Uniformed Secret Service and by members of the United States Park Police to address a problem they were encountering with a protester... and the Park Police apparently with the permission of the Solicitor General of the United States had determined that this ... was not a placard or a sign.