MARY HUDDLE & PHILIP JOSEPH, et al,   )
                                      )
     Plaintiffs, Pro Se,              )
                                      )   CA 88-3130-JHG
versus                                )
                                      )   Judge Joyce Hens Green
RONALD WILSON REAGAN, et al,          )
                                      )
     Defendants                       )
______________________________________)

The District of Columbia has submitted that the case against it must be dismissed under the statute of limitations.

In their motion for a Temporary Restraining Order plaintiffs had requested the Court, among other things, to enjoin defendants from erecting a certain fence which allegedly would serve no purpose but to limit plaintiffs' contact with the public.

In fact such a fence was erected, on January 20, 1989 plaintiffs' demonstration activities were confined within it, and agents of the District of Columbia assisted the Park Police in confining plaintiffs within that area. See, Declaration of William Thomas Concerning January 20, 1989, attached hereto.

There is a notable similarity betwwen the events of January 20, 1989 and March 11, 1983. On both occasions agents of the Park Police acted with agents of the Metropolitan police to curtail Constitutionally protected activity.

Respectfully submitted,

_____________________________
William Thomas, pro se
Peace Park Antinuclear Vigil
1440 N Street, N.W. Apt. 410
Washington, D.C. 20005
202-462-0757

MARY HUDDLE & PHILIP JOSEPH, et al,   )
                                      )
     Plaintiffs, Pro Se,              )
                                      )   CA 88-3130-JHG
versus                                )
                                      )  Judge Joyce Hens Green
RONALD WILSON REAGAN, et al,          )
                                      )
     Defendants                       )
______________________________________)

I, William Thomas, hereby declare that the following is accurate and correct to the best of my understanding and recollection:

1. On the morning of January 20, 1989 Brett (Song) Hamrick and myself took a sign which read "To a Kinder and Gentler Nation," and stood on the sidewalk of Sixteenth Street immediately north of H Street, and directly across the street from St. John's Church.

2. After we had been standing on the sidewalk for approximately five minutes, I was approached by Lt. Hugh Irwin of the United States Park Police. At that time Lt. Irwin told me that I would have to go into a fenced-in area in the northwest quadrant of Lafayette Park.

3. The fence enclosing that area served no readily discernable purpose beyond isolating those confined within it from the remainder of the city.

4. When I pointed out to Lt. Irwin the fact that I was standing on District of Columbia property, and that I could see no reason why a Park Police official should have any concern about a person standing on District of Columbia property, Lt.

Irwin informed me that he would get a Metropolitan police officer to tell me to go to the fenced-in area.

5. Whereupon Lt. Irwin spoke with a Metropolitan police officer.

6. Immediately the officer with whom Lt. Irwin had spoken approached me and said that I would have to go to the fenced-in area of the Park.

7. I told the officer that I had contacted the office of a City Councilperson and had been informed that demonstrating on District of Columbia sidewalks was "Constitutionally protected as long as you don't obstruct the sidewalk."

8. The police officer replied, "This sidewalk is closed."

9. I said that it didn't look as if the sidewalk was closed because there was no police line closing the sidewalk, and other people were walking on the sidewalk.

10. "They are patrons of the Hay-Adams Hotel. The sidewalk isn't closed to patrons of the hotel."

11. I said that if the sidewalk wasn't closed to some members of the public it shouldn't be closed to any members of the public.

12. The officer said it was for "security reasons."

13. "I am no threat to security," I assured him, "you have my permission to search me and determine that fact for yourself."

14. The officer then threatened that if we didn't leave we would be arrested.

15. We refused to leave and the officer radioed for a "transport."

16. Several minutes later a Netropolitan police cruiser

pulled up in front of where we stood. A captain got out of the car and told us that if we didn't leave we would be arrested.

17. I told the captain that I had contacted someone in the District Building and been informed that demonstrating on side-walks in the District of Columbia was "Constitutionally protected."

18. The captain told me that if I didn't leave I would be arrested.

19. I made no reply, but didn't move.

20. The captain then spoke to the first Metropolitan police officer and told him, "Get them out of here."

21. The first officer then collected several other officers who approached Mr. Hamrick and myself enmass.

22. "You guys are leaving this sidewalk," one of the officers said, "If you leave without causing a problem you can keep your sign."

23. At that point Mr. Hamrick and I left the sidewalk and went to the fenced-in area in the Park.

24. Within that area, in addition to Mr. Hamrick and myself, were Concepcion Picciotto, Sunrise S. Harmony, Scott Galindez, who were attending signs. There were a number of other people there who were not attending signs. Several of the other people had piles of clothing and blankets. There were also five or six other people within the fence who had no clothing or blankets, but were drinking alcohol. At least one of those people was acting very abusive, both toward some of the people with signs, who he was threatening with a knife, and the members of public who were passing by.

25. At one point that individual began hurling police barricades at passing pedestrians. Although there were at least three Park Police officers in the immediate area, and it is very hard for me to believe that they didn't witness the man throwing the barricades at the pedestrians, the police did nothing to stop him.

26. When I asked Billy Duve how it happened that these people were in that area he told me that a Park Police officer had approached a group of people, of which he was one, on the steps of the U.S. Appeals Court on Madison to the east of the Park, and told them that they had a choice of going to the fenced-in area, to a shelter, or to jail.

27. Later some other strangers with signs also entered that area, some of whom shouted threats at passing pedestrians.

28. Certainly to a passerby who didn't stop to investigate, the fenced-in area might have appeared to be a luntic asylum in the field, as can be gleaned from various press accounts which appeared in the media.

Respectfully submitted,

_____________________________
William Thomas, pro se
Peace Park Antinuclear Vigil
1440 N Street, N.W. Apt. 410
Washington, D.C. 20005
202-462-0757

MARY HUDDLE & PHILIP JOSEPH, et al,   )
                                      )
     Plaintiffs, Pro Se,              )
                                      )   CA 88-3130-JHG
versus                                )
                                      )  Judge Joyce Hens Green
RONALD WILSON REAGAN, et al,          )
                                      )
     Defendants                       )
______________________________________)

I, William Thomas, hereby state that, on this 8th day of February, l989, I hand-delivered a copy of the foregoing plaintiffs' Response to the Reply of District of Columbia to submissions of plaintiffs to the offices of Assistant U.S. Attorney Michael Martinez, Judiciary Square, 555 4th Street, N.W., Washington, D.C., and Arthur Burger, 1350 Pennsylvania Avenue, N.W., Washington, D.C..

_____________________________
William Thomas