MARY HUDDLE, et al., 

         v.                     Civil Action No. 88-3130JHG



I, Randolph J. Myers, pursuant to 28 U.5.C. S 1746, depose and say as follows:

1. I am an Attorney-Advisor, Branch of National Capital Parks, Division of Conservation and Wildlife in the Office of the Solicitor, United States Department of the Interior.

2. In that capacity, I am responsible for advising the United States Park Police in the National Capital Region on law enforcement issues.

3. On the evening of October 24, 1989, I received a telephone call at my home from United States Park Police Sergeant Paccione. He briefly informed me of an incident where officers had seized a flamed lighted torch from William Thomas in Lafayette Park as a violation of 36 C.F.R. § 2.13. I asked that the officer submit to our office a report of the incident and a photograph of the torch. Pending our office's review of the incident, I suggested that the torch be returned to Mr. Thomas. Attached is the police report of the incident and a photograph of the torch.

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4. The next day, I reviewed the police report and photograph of the torch. I believe the lighted torch which William Thomas had in Lafayette Park constitutes a violation of 36 C.F.R. § 2.13. Title 36 C.F.R. § 2.13 states in pertinent part:

(a) The following are prohibited: (l) Lighting or maintaining a fire, except in designated areas or receptacles and under conditions that may be established by the superintendent.

(3) Lighting, tending, or using a fire, stove, or lantern in a manner that threatens, causes damage to, or results in the burning of property, real property or park resources, or creates a public safety hazard.

5. I then informed United States Park Police Lt. William Ruth that such torches in Lafayette Park constituted a violation of 36 C.F.R. § 2.13 and asked that his officers be alerted as to our opinion.

6. Some time prior to October 25, 1989, I had been asked by a Park Police officer whether in Lafayette Park it was proper for Concepcion Picciotto to have four signs which were not hand-carried.

7. I had earlier seen the demonstration site of Concepcion Picciotto in Lafayette Park and observed two flags attached to two 4 x 4 signs. I informed the officer that the display by Ms. Picciotto of four signs in Lafayette Park violated 36 C.F.R. § 7.96(g)(5)(x)(B)(2) which states in pertinent part:

Signs that are not being hand-carried and that are no larger than four (4) feet in length, four (4) feet in width ... may be used in Lafayette Park provided that no individual may have more than two (2) such signs in the Park at any one time and provided further that such signs must be attended at all times ....

8. On October 25, 1989, United States Park Police Officer Mizell instructed Ms. Picciotto to remove the two flags which were attached to two 4 x 4 signs, due to its violation of 36 C.F.R. 5 7.96(g)(5)(x)(B)(2). A copy of his occasion report is attached.

9. I have never attempted to deprive William Thomas or Concepcion Picciotto, or any of the plaintiffs, of their civil or constitutional rights.

10. I have never conspired with anyone to deprive any of the plaintiffs, of their civil or constitutional rights and I am not aware of anyone else having ever done so.

11. I have never "harassed" William Thomas or Concepcion Picciotto, or any of the plaintiffs because of the content of their signs or because of any political or other viewpoint they espouse and I have never directed nor been directed to direct others to "harass" Mr. Thomas, Ms. Picciotto, or any of the plaintiffs.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.

Executed this 1st day of December, 1989.
(signed) Randolph J. Myers