CONCEPCION PICCIOTTO, et al., Plaintiffs, v. Civ. Action No. 99-21 13 (TPJ) UNITED STATES OF AMRICA, et al., Defendants.
1. Mootness
2. Irreparable Injury
"plaintiffs have not demonstrated that they will suffer irreparable injury because it appears that plaintiffs are able to maintain their vigil in Lafayette Park within 30 feet of its customary location. Requiring plaintiffs to move such a short distance for a short period of time (approximately 18 hours) only minimally implicates First Amendment concerns and does no violence to legal principles which permit limited content neutral regulation of expression." Parentheses in original.
(A) "Brief Periods of Time"
(B) IN FACT
3. Defendants' "Expertise"
"Plaintiffs also have failed to show that preventing the Park Service from creating and securing a buffer zone between the permitted demonstrations--a zone free of the presence of anyone but law enforcement personnel-- would serve the public interest. 1/ In this regard, the court believes that it should defer somewhat to the judgment of officials who have expertise in the handling of potentially volatile demonstrations and who have concluded that a secure buffer zone is a prudent and necessary way to ensure public safety and good order."
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1/ At the hearing, Plaintiffs contended that if indeed the National
Park Service (NPS) had legitimate concerns about "establishing
security precautions in connection with the August 7 demonstrations,"
it was the NPS which had created those concerns by issuing permits
to two competing demonstrations, in one location, at the same
time.
4. 36 C.F.R. §1.5 (b)
"It is apparent that defendants' actions will not violate this provision because the closure of a limited area of the Park will be temporary and will not significantly alter the Park's public use pattern."
5. Service of Process
"Plaintiffs ... have not effected proper service on, possibly among others, the United States Attorneys Office as required by Fed. R. Civ. P. 4(i). Thus, pursuant to Fed. R. Civ. P. 12(b)(5), this provides an additional ground for dismissal of plaintiffs' Complaint."
Dated: August 24, 1999
Respectfully submitted,
_______________________________________
Concepcion Picciotto, Plaintiff Pro Se
Post Office Box 4931
Washington, D.C. 20008_______________________________________
Ellen Thomas, Plaintiff Pro Se
1424 12th Street NW,
Washington, DC 20005
(202) 462-0757_______________________________________
William Thomas, Plaintiff pro se
1424 12th Street NW,
Washington, DC 20005
(202) 462-0757
I hereby certify that, on this 24th day of August, 1999, I sent a copy of the foregoing Plaintiffs' Opposition to Defendants' Motion to Dismiss, via first class U.S. mail, postage prepaid to
Eric M. Jaffe
Assistant United States Attorney
Judiciary Center Building, I 0th Floor
555 Fourth Street, N.W.
Washington, D.C. 20001
______________________________________
William Thomas