UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MARY HUDDLE, et al.
v. Civil Action No. 88-3130
RONALD WILSON REAGAN, et al. FILED
Defendants. JUL 18 1990
CLERK, U.S. DISTRICT COURT
DISTRICT OF COLUMBIA
Presently pending before the Court is plaintiffs' motion
for a preliminary injunction to stay criminal prosecution, in
which plaintiffs request an injunction to prevent the government
from prosecuting plaintiff Concepcion Picciotto for an alleged
violation of 36 C.F.R. § 7.96(g)(5)(x)(B)(2) (sign higher
than six feet tall). Although Picciotto received a Citation Violation
Notice on June 13, 1990, the government states that it does not
yet know whether a criminal prosecution for the alleged violation
will be undertaken. Until such a prosecution is initiated, plaintiffs'
motion is premature. Moreover, should such a prosecution be commenced,
Picciotto has an adequate forum to challenge the prosecution,
namely, she can raise her objection to the regulation at issue
pursuant to Fed. R. Crim. P. 12(b)(1) before the Court presiding
over the prosecution.
For these reasons, plaintiffs' motion is DENIED.
IT IS SO ORDERED.
July 18, 1990
/s/ Joyce Hens Green
JOYCE HENS GREEN
United States District Judge