[imc-st.louis] MNF_Notice of Civil Rights Violations

[scottie a.]

    PCU_//\_Free Assembly Project_
     Washington DC «» St.Louis MO
      V/F: 314-781-1042    .....    PCU at Free-Assembly.org

_//\_________________________an Association of Volunteers__/

		Monday, 20 June 2005

Clyde N. Thompson, Forest Supervisor
Monongahela National Forest
200 Sycamore Street, Elkins, WV 26241		Fax:  304-636-1875
						eM:  cnthompson at fs.fed.us

   Attn:	Randy Moore, R-9 Regional Forester
	Dale Bosworth, USFS Chief
	Mark Rey, USDA Undersecretary


	NOTICE OF CIVIL RIGHTS VIOLATIONS
	``````````````````````````````````

Mr. Thompson and Associates:

	When we spoke on June 15, I stated dire grievances at the 
conduct of Incident Command toward citizens trying to assemble for 
the Rainbow Gathering in the Cheat/Potomac Ranger District.
I notified you verbally that pretexts for denying access are flawed, 
their rights are being violated systematically under color of USFS 
authority, and that this must stop.

	Since then the crisis has worsened:  With heavy and invasive 
police presence, hundreds of citations have been issued in these few 
days, campers are being forced out, and vehicles towed.  There are 
unconfirmed reports that the National Guard, emergency medical units, 
and child protective services have been alerted - even the rumors of 
which are darkly chilling to peaceful assembly.

	Take Notice hereby of Civil Rights Violations by USFS Law 
Enforcement & Investigations and allied police agencies, with the 
collusion of the USDA Forest Service - to wit:

1.    Police roadblocks have targeted those wishing to exercise First 
Amendment rights, blocking entry on the principal access to the 
public forum site of choice.  It is not an 'information checkpoint' 
if passage is conditional upon a criminal citation.  This is 
blatantly unconstitutional, by all measures of law, agency policy, 
and the cases related to such tactics against National Forest 
gatherings.

2.    The 'Group Use' permit requirement is a known trap: 
Unaffiliated gatherers cannot legally sign, and if someone does, they 
incur vicarious liability, and the resultant 'group Holder' is 
fraudulent.  They are offered no alternative means of compliance, and 
therefore are inevitably criminalized. 
So it is a transparent pretext for galling police contact, 
intimidation, and malicious prosecution on arbitrary thresholds, 
violating basic rights of privacy, association, speech, and due 
process.

3.    Upon the 'S. Dryfus' permit application under duress, on June 
15 the agency denied authorization on flawed environmental grounds: 
There is no basis to assert that the "proposed activity materially 
impacts threatened and endangered species or their critical habitat", 
when the factual record is clear:  Gatherings have never caused a 
'significant impact' by NEPA standards - local effects are transient, 
no habitat destruction occurs, and they have always adopted effective 
Operating Plans and mitigation measures - so they should be 
categorically excluded from EIS documentation. 

4.    The misuse of environmental standards is all the more critical 
in a constitutional view:  Where First Amendment expression and 
prayer are at-stake, the agency must show a compelling interest in 
denying a traditional public forum, upon proof, not hyperbole.  It 
cannot undercut prompt 48-hour response as required by supposing long 
speculative reviews.  It may not lean on the deference of courts to 
arbitrary policy actions, nor shift an arduous burden of disproof 
upon speakers.

5.    Law enforcement tactics are calculated to burden people who 
travel for expressive purposes - those most vulnerable in remote 
places, out of public view, without local support or means of fair 
defense in a court far from home.  Federal misdemeanor citations have 
been served en masse, setting up most victims for forced pleas & 
collateral fines, and warrants on those who run.  For the few who 
fight the charges, the process is stacked against them - with 
built-in breaches of defendant privilege and due process, weak local 
counsel, and loyalties of familiar cops & lawyers in District Courts.

6.    The June 9 Delegation of Authority put Federal police in 
control of the site and USFS policy - supplanting the Forest 
Service's broad public mission & qualified personnel with the narrow 
purposes and concealed grounds of enforcement, as an end in-itself. 
The FEMA-based 'Incident Command' team derives further authorities 
from other regional agencies paid to join, including local police 
under interagency pacts -- piggybacking jurisdictions, expanding the 
scope of enforcement.  The agency has abrogated its mandate as 
trustee for all Americans, and now asserts Federal proprietary powers 
over public land - an unprecedented breach of administrative law, 
excluding the public at gunpoint.

	Thereupon responsible officials of the U.S. Department of 
Agriculture and Forest Service are called upon to make immediate 
agency remedies, pursuant to 5 U.S.C.A. §553, 5 U.S.C.A. §706, 42 
U.S.C.A. §1983, the United States Constitution, and proper 
Congressional authorities:

* Rescind the Delegation of Authority dated 6/9/05, restore qualified 
USFS line officers to administration of Monongahela National Forest, 
to enable constructive cooperation.

* Waive the 'Group Use' permit form & 72-hour notice requirement, and 
allow a few individuals to apply as Volunteers, to fulfill basic 
application elements and trigger a special use Operating Plan and 
Authorization for their chosen site.

* Drop charges on all alleged 'use or occupancy' violations (36 CFR 
261.10(k)), and other petty charges arising from unlawful search or 
seizure of gathering participants.


	Be advised that this Notice is also conveyed to the USFS 
Office of Civil Rights, seeking review and redress under its auspices 
for official violations as cited above... and to appropriate 
Congressional committees for urgent and continuing oversight on 
related Forest Service policies.

	The present course of actions on this public assembly is 
disastrous, endangering to public health & safety, and detrimental to 
our fundamental rights and the future of the National Forests. 

	There is still time to turn this around... we appeal for 
immediate relief on behalf of thousands now suffering fear and harms, 
and upon the highest public interests.
	Your conscientious response is needed forthwith.


	    Respectfully submitted,

				    ________________sca_________________
				      Scott Addison, Coordinator
				      PCU_/FAP ~  St. Louis, MO
				      314.781.1042 __ sca at Free-Assembly.org


    Cc:	Kathleen Gause, Director
	U.S. Forest Service/ Civil Rights
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