JUDGE RULES FOR CCNV ON STATUE

ARTWORK ON HILL NEED NOT BE MOVED

A U.S. District judge blocked U.S. Capitol Police yesterday from enforcing its regulation that would have required members of the Community for Creative Non-Violence to move a large statue depicting a homeless family from the Capitol grounds once a day.

The statue, commissioned by CCNV last year for possible inclusion in the annual "Pageant of Peace" on the Ellipse, is the centerpiece of a vigil on the east side of the Capitol that group members began Thanksgiving Day to direct congressional attention to the nation's homeless, according to CCNV lawyer Mark Venuti.

Although Capitol Police issued a seven-day permit for the vigil, which is being held near the fountain on the East Plaza and includes a nightly dinner for homeless persons, regulations state that such demonstrations must be for periods of less than 24 consecutive hours each day.

Assistant U.S. Attorney Michael Martinez, who represented the police, conceded that the demonstrations would be able to comply with the regulations even if the statue was simply moved off the Capitol grounds and returned to them immediately.

The regulation is needed, Martinez said, to give police more control over demonstrations on the Capitol grounds and to ensure that citizens did not think the statue was a permanent addition to the plaza.

"What is accomplished by five minutes off the Capitol grounds?" U.S. District Judge John Garrett Penn asked.

Venuti argued that being required to move the 500-pound life-size statue each day would restrict CCNV members' First Amendment rights and that the regulation served no useful or rational purpose for the government. Calling the procedure "nonsense," he said the statue, valued at $15,000 to $50,000, could suffer damage by so much moving. He noted that a foot on the statue was broken in its move to its present display site.

Penn's order is in effect until Dec. 9, when another hearing is scheduled. However, CCNV's demonstration permit expires Wednesday. CCNV leader Mitch Snyder said his group will apply for an extension of the permit and he believes one will be granted.

He said CCNV members plan to continue the Capitol vigil until Congress enacts emergency legislation to aid the homeless, or throughout the winter.

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