UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MARY HUDDLE, et al.
v. Civil Action No. 88-3130-JGH
RONALD WILSON REAGAN, et al.
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
3. On the afternoon of June 13, 1990, I received a telephone
call at my office from United States Park Police Sergeant Peter
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
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