Legaliaison Council Agenda 7/14/93

Legaliason Council 7/11

1) Brief rundown of process by Thomas and his experience w/ regulations in the past

2) Explain Regulations

3) Questions

1) In 1946, The Administrative Procedure Act gave authority to Executive agencies like the USDA, IRS, HRS.

2) To get a regulation passed, the department must submit it firtst to the OMB who do economic analysis.

3) If approved by the OMB, the proposed regulation is then published in the Federal Register.

4) After posting in the Federal Register, a public comment period is granted, in this case 90 days from its posting on May 4th.

5) The Forest Service must consider all public comment, and must write explanations why the public comment doesn't meet their approval (why they will or won't change/withdraw the regs to meet public approval) This consideration of public comment could take 1- 6 months. [Thomas thinks by next spring these could very well be passed.]

6) A 30 day delay of effectiveness is then mandatory before enforcement is possible. At this point, the only way to challenge the regulations is IN COURT.


*Title 36 of the code of regulations are very similar to the ones used to control Peace Park

*Michael Hawkins, Ass't manager of official training center in Atlanta Georgia was scoping the scene at both Rainbow Gatherings this year, to see what strategy they may need to use next year to enforce proposed restrictions if the regulations pass.

*Previous precedents:
a)1984, Israel vs. Arizona

b) 1988 Texas- Clark vs. Community for Creative nonviolence [These were lucky cases. Since then, the judicial system is now comprised of 86% of the judges that were approved by Bush]

c) All the technical reasons past cases won in higher courts are now not a problem- the little technicalities are being complied with.

*Enforcement how? Ans.- National Guard probably

*Would the ACLU be able to help? -Probably not, since 1st amendment not considered very important by most courts.

*How hard would it be to apply for special use permit?-Any permit can be easily denied based on the Seven Criteria

*What should the letters say? -Thomas spoke with FS public Relations Officer who said that, "These regulations are not in your best interest" Said to write letters explaining to those in offices explaining the spiritual resons we gather and explain fully what we will lose if no gathering is allowed. He said letters to everybody were essential. In the letters it was advised to REQUEST AN ADMINISTRATIVE HEARING UNDER THE ADMINISTRATIVE PROCEDURE ACT using the ADMINISTRATIVE RECORD that contains our letters as well as their comments in it.

* What else can we do? We could also go to the USDA office to hand- deliver our letters as well as REQUESTING A MEETING WITH THE FOREST SERVICE. {ALSO NOTE: Letters to JIM LYONS, Administrative Person in charge of Forest Service. His aide, more reachable than he is, is MIKE GAEDE. Senator Lahey is also a possibility we're looking into. He'll be having a fundraiser on July 21, and Ben(& Jerry's) cohen we will try and contact to get him to alert Lahey of our needs]

* What Else can we do?
- Request a meeting with Forest Service Officials- A tentative meeting for July 21 with the president's domestic policy staff. Media Attention advised

- Getting arrested discouraged

- Get people to write letters, Contact influential folks

- Administrative Hearing requested,

- Contact Congressmen in Agricultural Committees and request a Congressional Hearing.

- Pickets in front of White House and/or in front of Forest Service Office. BUT please wait to picket USDA until reasonable communication tactics have been exhausted.


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