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



Plaintiffs hereby move this Court to issue a Preliminary Injunction to enjoin the government from prosecuting plaintiff Picciotto for an alleged violation of 36 C.F.R. 7.96 (B)(2), pursuant to U.S. Park Police C.F.R. Citation Violation Notice P-102081.


On December 7, 1989, when the court last visited this matter,it was to consider an application for a Temporary Restraining Order which arose from plaintiffs' allegations that agents of the United States Park Police had interfered with plaintiffs' peaceful communicative efforts on various occasions during the fall of 1989.

One of plaintiffs' specific allegations in their application for TRO regarded an incident, on or about October 25, 1989, which involved two flags used by plaintiff Picciotto in her demonstration. See, Summarization of Complaint and Facts Giving Rise to Immediate Necessity for Preliminary Injunction and Temporary Restraining Order, filed November 28, 1989, para. 35.

At the hearing on December 7, 1989 the Court explained that


the allegations set forth in plaintiffs' motion for a TRO seemed to go to the essence of the complaint itself. Therefore, the Court was of the opinion that those allegations would be better dealt with as part of the overall complaint, and resolved at trial rather than in a TRO hearing.

Unfortunately, the Court explained, due to an inundation of the court system by a flood of criminal charges, courts were having more and more difficulty finding the time to handle civil cases.

Living, as they do, under the constant threat of (victimless) criminal charges for their exercise of religious beliefs (an exercise which they consider to be of considerable social value), it occurred to plaintiffs that a criminal system unable to involve itself in civil matters might present rather unpleasant prospects. Committed as they are to a religious exercise, plaintiffs had no alternative but prayer and contentment with the Court's assurance that it would undertake further proceedings to settle this matter expeditiously.

Unfortunately, on June 1, 1990 (only two days after a TRO hearing in Picciotto, et. al. v. Lujan, et. al., CA. No. 90-1291, at which government agents assured this Court that the police would not disturb plaintiffs' demonstrations) Park Police officers twice seized Concepcion's flags and threw them to the ground. SEE, Declaration of Concepcion Picciotto, attached hereto.

Most recently on June 13, 1990, U.S. Park Police officers, acting in prearranged concert, seized two flags used by plaintiff Picciotto, and issued her C.F.R. Citation Violation Notice P-102081, alleging a violation of 36 C.F.R. 7.96 (B)(2). SEE,


Declaration of Concepcion Picciotto, attached hereto.


36 C.F.R. 7.96 (B)(2) is presently before the Court in this case upon plaintiffs' allegation that it is constitutionally invalid as the product of a conspiracy intended to disrupt plaintiffs' communicative activities or cause their imprisonment.

"36 CFR 9.76(g)(5)(x)(A)(1)(2)(3)(4)(B)(1) and (2), formerlycodified at 36 CFR 50.19(e)(11)(12), is both unconstitutional, having been promulgated under false pretences and for unconstitutional reasons, and has been unconstitutionally applied. See, Amended Complaint, filed November 23, 1988, para. 42, see also, e.g., Summarization of Complaint, filed November 21, 1989, e.g. paras. 31, 54, 63, 67; Plaintiffs' Memorandum in Support of their Application for a Temporary Restraining Order and Motion for Preliminary Injunction, filed November 21, 1989, pages 6-9; Plaintiffs' (Redacted) Response to Federal Defendants' Supplemental Motion to Dismiss, filed January 17, 1989, page 15; Complaint, filed September 30, 1988, paras 20, 56, 79." Plaintiff Ellen Thomas' Motion to Supplement, filed December 10, 1989, pgs. 1 and 2.

In Ex parte Young, 209 U.S. 123, the fountainhead of federal injunctions against criminal prosecutions are Constitutionally justified where officials "threaten and are about to commence proceedings, either of a civil or criminal nature, to enforce against parties affected by an unconstitutional act, violating the Federal Constitution ...." Id. 156.

In Dombrowski v. Pfister, 380 U.S. 483, the court examined an application for injunctive and declaratory relief to restrain prosecution or threats of prosecution under color of a state statute prohibiting acts "imbued ... with an aura of sedition or treason or acts designed to substitute a different form of [] government by other than lawful means ...." See also, Baggett v. Bullitt, 377 U.S. 976.

Not long ago our own Court of Appeals reminded us that in


cases where a defendant faced the possibility of imprisonment, the regulation at issue should not be taken lightly. United States v. Picciotto, 875 F.2d 345 (DDC 1989).

Plaintiff Picciotto's "protest has been peaceful. (She is) not a venal criminal, and application of criminal sanctions to (her) puts strain on the criminal justice system." United States v. Semple, 707 F. Supp. 295, 299.


Wherefore, plaintiffs move this Court to stay any criminal prosecution of plaintiff Picciotto, pursuant to U.S. Park Police C.F.R. Citation Violation Notice P-102081, until this Court has fully resolved the constitutional challenges lodged against 36 C.F.R. 7.96 (B)(2) in the pending complaint.

Respectfully submitted,

____________________________ Concepcion Picciotto, Plaintiff, Pro Se Post Office Box 4931 Washington, D.C. 20008

William Thomas
Peace Park Antinuclear Vigil
1440 N Street, N.W. Apt. 410
Washington, D.C. 20005

Ellen Thomas
Peace Park Antinuclear Vigil
1440 N Street, N.W. Apt. 410
Washington, D.C. 20005


I William Thomas, hereby state that, on this 18th day of June, 1990 I caused a copy of the foregoing Motion to Stay Criminal Proceedings, and Declaration of Concepcion Picciotto in Support Thereof, to be hand delivered to the office of Assistant U.S. Attorney Michael Martinez, at Judiciary Square, 555 4th Street, N.W., Washington, D.C. 20001.

William Thomas