We understand your position--and continued litigation--that a
platform attached to a stationary sign does not violate Park
Service regulations. As we indicated to you on January 20, 1995,
February 23, 1995 and October 11, 1995, we believe that a
platform construction such as you utilized violates Park
Service's regulations, found at 36 C.F.R. 7.96(g)(5)(B)(2).
This regulation allows such signs to use only braces "that are
reasonable required to meet support and safety requirements." The
2
United States District Court has confirmed that your platform
construction violated Park Service regulations. Thomas v. United
States, No. 94-2747 (D.D.C. August 25, 1995) No. 95-5340 Renewed
Motion for Summary Affirmance filed October 23, 1996 (D.C. Cir.).
It also appears that one of Ms. Thomas' signs violated Park
Service regulations regarding structures in Lafayette Park, as
depicted in the enclosed photographs taken on October 30. This
regulation, found at 36 C.F.R. 9 7.96(g)(5)(x)(A)(4), prohibits
(with certain exceptions not applicable here) structures in
Lafayette Park such as crates and boxes. As you will note from
the photograph, Ms. Thomas is sitting on a box which is covered
by a blanket. It appears that this is the box which the Park
Police officers observed on October 10. 1996. The officers
initially believed to be improperly affixed to the sign. However,
it appears that, while the box was not improperly affixed to the
sign, the box does violate the structure regulations.
In conclusion, we believe that these regulations provide fair
notice to you of what is prohibited in the park. Further the Park
Service has not wielded a heavy hand in enforcing the
regulations. You have litigated these matters in the past. The
court has consistently upheld the National Park Service
regulations. We will in the future expect you to conform your
activities to these rules. Your cooperation in observing these
rules would be greatly appreciated.
Sincerely,
Richard G. Robbins
Assistant Solicitor
National Capital Parks
Enclosures
Democracy Update | Proposition One
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