Untitled Document

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MARY HUDDLE, et al. 
            Plaintiffs,

        v.                      Civil Action No. 88-3130-JGH
                              
RONALD WILSON REAGAN, et al.            
            Defendants.

DECLARATION OF RANDOLPH J. MYERS

I, Randolph J. Myers, pursuant to 28 U.S.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 afternoon of June 13, 1990, I received a telephone call at my office from United States Park Police Sergeant Peter Gentile.

4. Sergeant Gentile briefly informed me of an incident which occurred on June 12, 1990. Sergeant Gentile stated that officer T. W. Harman had observed Concepcion Picciotto in Lafayette Park with two large flags which were attached to two non hand-carried 4 feet x 4 feet signs and that the officer warned Ms. Picciotto that the flags were in violation of regulations. Officer Harman requested she remove the flags and Ms. Picciotto refused to remove the flags. No further action was taken at that time. A copy of Officer Harman's occasion report of the incident is attached.

4. Sergeant Gentile then further informed me of an incident which occurred earlier on June 13' 1990. Sergeant Gentile stated that he and other officers, including Officer Gregory Bacon, observed Concepcion Picciotto in Lafayette Park with two large flags attached to two non hand-carried 4 feet x 4 feet signs. The officer stated that Ms. Picciotto was warned that the flags were in violation of regulations and requested she remove the flags. He advised me Ms. Picciotto refused to remove the flags and the flags were then confiscated and Ms. Picciotto was issued a CFR violation notice. A copy of officer Gregory Bacon's occasion report, violation notice, and a photograph of the violation is attached.

5. I informed Sergeant Gentile that the seizure of the two flags that were attached to two non hand-carried 4 feet x 4 feet signs was proper because it violated the two sign limitation restriction of 36 C.F.R. S 7.96(g)(5)(x)(B)(2).

6. On June 20, 1990, I reviewed Officer Bacon's occasion report of the incident and further learned that the two flags, attached to the two non hand-carried 4 feet x 4 feet signs, exceeded a height of six feet above the ground and thus violated the height limitation restriction of 36 C.F.R. S 7.96(g)(5)(x)(B)(2).

7. I believe that Ms. Picciotto's display of the two flags violated two separate provisions of 36 C.F.R. 7.96(g)(5)(x)(B)(2) which restricts the number of non hand-carried signs as well as
places six-foot height limitation for non-hand-carried signs. Title 36 C.F.R. 5 7.96(g)(5)(x)(B)(2) 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 sians in the Park at any one time and provided further that such signs must be attended at all times ... and provided further that such signs may not be elevated in a manner so as to exceed a height of six (6) feet above the ground at their highest point, may not be arranged or combined in a manner so as to exceed the size limitations set forth in this paragraph....

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed this, 22nd day of June, 1990.

/s/ Randolph J. Meyers
Randolph J.Meyers