In Thomas, et. al. v. Lujan, et. al., USDC C.A. 92-0357, Judge
Richey ruled against the vigilers on two charges brought by
Concepcion Picciotto, William Thomas and Ellen Thomas. First,
they claimed that the Department of Interior had shown no factual
basis in their "Administrative Record" to justify their final
publication of a new regulation -- again written by DOI Assistant
Solicitor Richard Robbins -- limiting "storage of property" to
three cubic feet. The plaintiffs charged that the rule was
irrational, arbitrary and capricious. Although the government
answered that the rule would not "interfere with ... holding
vigils", the vigilers claimed that in reality the rule would
criminalize the mere "possession" of essential materials as
"storage of property," and would make it impossible for a vigiler
to both survive the elements and distribute literature.
Ironically, the final three cubic foot regulation was published
on February 6, 1992, only a few days after George Bush had
declared a moratorium on new federal regulations, during his
annual State of the Union address.
The Department of Interior purported that their publication of
the three cubic foot rule stemmed from (a) four written
complaints in 1989 about the "visual blight" of "protesters,"
The "3 Cubic Foot" Regulation
How The Regulations Affect You!