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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/White House Sidewalk
Box: 57
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
DATE: 4-28-80
The Washington Post
PAGE: B-1
Sign Rules
Overturned
Federal officials argued that the
restrictions on signs and belongings
By Judge
were designed to minimize possible
security threats as well as to give
tourists a clear view of the White
U.S. Appeals,
House and maintain access to the
White House sidewalk for pedestri-
Says White House
ans.
Groups that challenged the rules ar-
Protests Pose Risk
gued that the restrictions did not sig-
anificantly improve presidential security
By Stephen J. Lynton
and appeared to have been drawn up
Washington Post Staff Writer
for political aims. They cited a Jan. 13,
A federal judge has struck down a
1983, memo from former Interior Sec-
series of regulations limiting the use
retary James G. Watt objecting to de-
of signs and other belongings by
monstrations in front of the White
demonstrators on the sidewalk in
House. The protesters. backed by
front of the White House.
American Civil Liberties Union law-
U.S. District Judge William B.
yers, said the rules would impede law-
Bryant held that the rules, imposed
ful demonstrations.
last year by the National Park Ser-
In his ruling signed Thursday,
vice, violated the First Amendment
Bryant said: "No one who has lived
rights of demonstrators to seek re-
through the past two decades can
dress of grievances. He termed the
doubt the importance of protecting
rules "oppressive," "unjustified,"
our presidents from those who would
"overbroad and unreasonable."
do them harm, and no reasonable
The government immediately ap-
person can dispute that some restric-
pealed Bryant's ruling to the U.S.
tions on freedom of expression may
Court of Appeals. Yesterday evening,
be tolerated in pursuit of this press-
the appellate court issued a tempo-
ing public interest."
rary stay, permitting the controver-
But the judge, who presided dur-
sial regulations to remain in effect at
ing a seven-day trial in December.
least until next Wednesday.
added that it "does not seem proper
John Vanderstar, a lawyer repre-
that peaceful demonstrators should
centing the White House Vigil for
be made to forgo their activities in
the ERA Committee and several
order to allay the fears of security
other demonstrators, hailed Bryant's
forces which are based on remote
decision as a "very strong and impor-
possibilities."
tant First Amendment ruling."
Although he upheld three provi-
In asking the appeals court to
sions, Bryant rejected nearly all the
stay, or temporarily set aside, the
rules, criticizing them one by one.
effect of Bryant's ruling, government
"The requirement that a demonstra-
lawyers criticized the federal judge
for maintain actual physical contact
for showing a "casual approach to
with a sign is oppressive, and has lit-
the security of the president." They
tle or nothing to do with security or
contended that the rules are needed
any other governmental interest.
to prevent concealment of explosives
The prohibition against holding a
and use of signs as weapons against
sign in a stationary position less
police or as devices for scaling the
than three feet from the ledge is of
White House fence.
similar character."
The rules, which took effect on
Sept. 2 after an initial series of legal
skirmishes, restrict the size of signs
used in demonstrations, prohibit
The
wooden signs and hollow metal sup-
porting poles and bar demonstrators
from leaving packages on the White
House sidewalk.
U.S. Department of Justice
file
United States Attorney
District of Columbia
United States Courthouse, Room 2800
Constitution Avenue and 3rd Street N.W.
Washington, D.C. 20001
April 20, 1983
David Waller, Esquire
Senior Associate Counsel
to The President
The White House
Washington, D.C. 20500
Dear Dave:
I thought you might like advance notice that we have
coordinated new Park Service regulations for the White
that should help clean up the area as well
as improve security. A copy is enclosed.
We've had several meetings with Jerry Parr of the
Secret Service, Chief Herring of the Park Police, and
Jack Fish of the Park Service, to work these out.
We're providing copies to the American Civil Liberties
Union on Friday, when the regulations should appear in the
Federal Register. We don't know if they will file suit,
but the ACLU has opposed these changes.
Let me know if you'd like any further information.
Sincerely,
STANLEY S. HARRIS
United States Attorney
By:
ROYCE Reyce C. LAMBERTH
Chief, Civil Division
Enclosure
Billing Code: 4310-70
Department of the Interior
National Park Service
36 CFR Part 50
National Capital Parks Regulations
Demonstrations in the White House Area
AGENCY: National Park Service, Interior.
ACTION: Interim rule with request for comments.
SUMMARY: This interim rule with requests for comments amends
S 50.19 of Title 36 of the Code of Federal Regulations
concerning demonstrations and special events in the National
Capital Parks to prohibit signs or placards on the White House
sidewalk except those that are carried by an individual. The
interim rule also amends S 50.19 of Title 36 of the Code of
Federal Regulations and S 50.7(h) of the same title concerning
storage of materials in park areas to prohibit the placement or
storage of parcels, containers, packages, bundles or other
property on the sidewalks surrounding the White House.
DATES: This interim rule is effective [insert date of
publication] and will remain in effect until revoked, replaced
or modified by a final rulemaking publication. Written
comments, suggestions, or objections regarding this interim
rule will be accepted until [insert date 30 days after date of
publication].
ADDRESSES: Written comments regarding this interim rule should
be sent to Manus J. Fish, Jr., Regional Director, National
Capital Region, National Park Service, 1100 Ohio Drive, S.W.,
Washington, D.C. 20242.
FOR FURTHER INFORMATION CONTACT: Sandra Alley, Associate
Regional Director, Public Affairs, National Capital Region,
National Park Service, 1100 Ohio Drive, S.W., Washington, D.C.
20242, telephone (202)426-6700; Richard G. Robbins, Assistant
Solicitor, National Capital Parks, Office of the Solicitor,
Department of the Interior, Washington, D.C. 20240, telephone
(202)343-4338.
2
SUPPLEMENTARY INFORMATION: The following persons participated
in the writing of this rule: Richard G. Robbins and Patricia
S. Bangert, Office of the Solicitor, Department of the Interior.
Background
Recent events in the Memorial Core parks have increased
security concerns for the White House and the President. On
December 8, 1982, an individual backed a truck up to the
Washington Monument and threatened to blow up the structure
with 1,000 pounds of dynamite that he allegedly had stored in
the truck. The incident, occurring a mere three blocks from
the White House, highlighted the threat that could be
potentially caused to the White House and the President by one
determined individual.
Since the incident, the National Park Service, along with
other law enforcement agencies, have reviewed present
regulations applicable to the White House area to determine if
regulatory changes could aid in minimizing potential threats
to the structure and its occupants. Two areas of concern
became evident in that review - signs or placards stationed on
the White House sidewalk and parcels, containers, packages,
bundles and other property placed or stored on the White House
sidewalk and other sidewalks surrounding the structure. (The
3
term White House sidewalk is defined in 36 CFR S 50.19(a)(5) as
"the south sidewalk of Pennsylvania Avenue, N.W., between East
and West Executive Avenues, N.W.".)
Signs or placards leaning against the White House fence,
and parcels and other property placed or stored on the
sidewalks, especially those left unattended, represent
potential threats to the security of the area. For example,
both can potentially conceal explosives or other contraband and
both can potentially be used to scale the White House fence.
In fact, the Secret Service reports a recent incident in which
a large sign was used to facilitate the scaling of the fence.
In addition to security concerns, experience with the
recent proliferation of signs or placards and parcels and other
property stationed and stored on the White House sidewalk has
demonstrated that the policy of allowing such activity impedes
the free flow of pedestrian and emergency traffic by and
through the White House and significantly diminishes the White
House experience for park visitors. For example, two
individuals who have in the past and are presently maintaining
a daily demonstration in front of the White House have had as
many as twenty-five signs or placards leaning against the White
House fence. In addition to the signs, paper bags, suitcases
4
and other parcels containing personal belongings obstruct the
view of the White House and impede the flow of pedestrian
traffic.
It is the judgment of the National Park Service that
certain restrictions can be placed upon the stationing of signs
or placards and placement or storage of parcels and other
property on the White House sidewalk which would enhance the
park visitor's experience in viewing the White House and
respond to security concerns without impairing the
demonstrator's ability to convey a message.
Regulatory Changes
To accomplish the purpose of minimizing potential threats
to the White House and the President, and for the other
purposes outlined above, the National Park Service is amending
present regulations to prohibit signs or placards on the White
House sidewalk, except those that are being hand-carried by an
individual. The regulation, then, is not applicable to other
parks where demonstrations are permitted. (Demonstrations are
not permitted on other sidewalks contiguous to the White
House. 36 CFR S 50.19 (c) (1)
The interim rule would not prohibit the carrying of a sign
or placard during demonstrations on the White House sidewalk.
Further, it would not place any restriction on the size of the
5
sign or placard, as long as it is in fact being held or carried
by an individual. The interim rule would prohibit signs or
placards that are not held or carried by individuals, for
example, signs that are leaned against the White House fence,
signs that are left unattended on the White House sidewalk and
signs that are supported by other structures. In fact, the
interim rule does not dramatically change the present
regulatory scheme - temporary structures are presently
prohibited on the White House sidewalk under 36 CFR
$ 50.19 (e) (8).
The National Park Service believes that there is a
substantial government interest in regulating the use of signs
or placards on the White House sidewalk. Signs or placards not
hand-carried and those left unattended cannot be easily moved
in emergency situations. Signs or placards leaning against the
White House fence may conceal dangerous materials, obscure the
view of law enforcement personnel and create other security
problems. For example, a sign affixed to a large structure
caught fire several weeks ago, seriously damaging the fence and
granite post in front of the Old Executive Office Building, a
few feet from the White House sidewalk and fence.
6
In addition, signs or placards leaning against the White
House fence can obscure the view of the White House for the
thousands of park visitors. Signs or placards stationed on the
sidewalk also incommode the passageway and sometimes cause
difficulty in maintaining smooth pedestrian flow, which may
include park visitors and persons having business in the area.
The interim rule also prohibits the placement or storage of
parcels, containers, packages, bundles or other property on the
White House sidewalk, the west sidewalk of East Executive
Avenue, N.W. between Pennsylvania Avenue, N.W. and E Street,
N.W., and the north sidewalk of E Street, N.W. between East and
West Executive Avenues, N.W. The rule will not interfere with
an individual who is carrying a parcel or other property along
the sidewalk. In fact, it will not even subject an individual
setting a parcel or other property down on the sidewalk or
attending structures for up to one hour to law enforcement
action unless that individual either refuses law enforcement
personnel requests to search the property, or leaves the
property unattended.
The National Park Service concludes, however, that when a
parcel, container, package, bundle or other property is placed
or stored on the sidewalks contiguous to the White House,
7
potential security problems are created. In addition, the
National Park Service concludes that parcels and other
property; like signs or placards, may obscure the view of the
White House by park visitors and law enforcement personnel, may
be difficult to move when the sidewalk must be cleared in an
emergency and may incommode the sidewalk and interfere with
visitor and business pedestrian traffic.
The National Park Service believes that these minor
restrictions on the stationing of signs or placards and the
placement or storage of parcels, containers, packages, bundles
or other property serve substantial government interests in
maintenance of the security of the White House, preservation of
the park experience for park visitors, and free passage of
pedestrian traffic by and through the White House. The
regulation is written in a neutral manner such that all persons
are prohibited from stationing signs or placards or storing
parcels or other property on the sidewalks surrounding the
White House. In addition, it is unrelated to the suppression
of free expression and the incidental impact on First Amendment
freedoms is only as great as is essential to serve the
substantial government interests in security, aesthetics and
free passage of pedestrian traffic. Further, the interim rule
8
applies only to sidewalks contiguous to the White House. A
substantial number of alternative forums exist close to the
White House sidewalks where these restrictions do not apply.
Public Participation
The policy of the Department of the Interior is, whenever
practicable, to afford the public an opportunity to participate
in the rulemaking process. Accordingly, interested persons may
submit written comments, suggestions, or objections regarding
the interim rule to the address noted at the beginning of the
rulemaking within the time period specified.
Impact Analysis
The National Park Service has determined that this document
is not a major rule requiring preparation of a Regulatory
Impact Analysis under Executive Order 12291. The National Park
Service has also determined that the interim rule will not have
a significant economic impact on a substantial amount of small
entities and, therefore, does not require a small entity
flexibility analysis under Public Law 96-354. The interim rule
merely places restrictions on the stationing of signs or
placards and parcels and other property on sidewalks contiguous
to the White House. It will have no substantial impact on any
aspect of the economy.
9
The National Park Service has further determined that this
interim rule is not a major Federal action significantly
affecting the quality of the human environment.
List of Subjects in/36 CFR Part 50
District of Columbia, National Parks, National Capital
Parks.
Assistant Secretary for
Fish and Wildlife and Parks
06 APR
Date Approved
PART 50 - NATIONAL CAPITAL PARKS REGULATIONS
In consideration of the foregoing, sections 50.19 and 50.7
of Title 36 of the Code of Federal Regulations are accordingly
amended.
1. The authority citation for Part 50 reads
as follows: Authority: Section 6 of the
Act of July 1, 1898 (30 Stat. 571); Sections
1-3 of the Act of August 25, 1916 (39 Stat.
535, as amended); Section 16 of the Act of
March 3, 1925 (43 Stat. 1126, as amended);
10
Act of March 17, 1948 (62 Stat. 81); Act of
August 8, 1953 (67 Stat. 495); Act of
July 1, 1980 (94 Stat. 872); 16 U.S.C. 1-3;
D.C. Code 8-137 (1981); D.C. Code 40-721
(1981).
2. Section 50.19 is amended by redesignating paragraphs
(e) (9) through (11) as (e) (11) through (13) and adding new
paragraphs (e) (9) and (e) (10) to read as follows:
(9) No signs or placards shall be permitted on the White
House sidewalk except those signs or placards that are held or
carried by an individual.
(10) No parcel, container, package, bundle or other
property shall be placed or stored on the White House sidewalk
or on the west sidewalk of East Executive Avenue, N.W. between
Pennsylvania Avenue, N.W. and E Street, N.W. or on the north
sidewalk of E Street, N.W. between East and West Executive
Avenues, N.W.; Provided, however, that a parcel, container,
package, bundle or other property, except structures, may be
set down on these sidewalks for a maximum of one hour if it is
attended at all times within that time period, and law
enforcement personnel are permitted to search the property.
11
3. Section 50.7 (h) is amended by redesignating the
existing paragraph as paragraph "(1)" and by adding a paragraph
"(2)", as follows:
(h) Storage. (1)
*
*
*
(2) No parcel, container, package, bundle or other property
shall be placed or stored on the White House sidewalk, as that
term is defined in section 50.19 (a) (5) of this Part, or on the
west sidewalk of East Executive Avenue, N.W. between
Pennsylvania Avenue, N.W. and E Street, N.W. or on the north
sidewalk of E Street, N.W. between East and West Executive
Avenues, N.W.; Provided, however, that a parcel, container,
package, bundle or other property, except structures, may be
set down on any of these sidewalks for a maximum of one hour if
it is attended at all times within that time period, and law
enforcement personnel are permitted to search the property.
12
6397A
U.S. Department of the Interior
National Park Service
Determination of Effects of Rule
Section 1. Description of Rule
This interim rule would amend 36 C.F.R. S 50.19 (e) to
prohibit signs or placards on the White House sidewalk, except
signs or placards that are held or carried by an individual. The
interim rule would also amend that section and section 50.7 of 36
C.F.R. to prohibit the placement or storage of parcels,
containers, packages, bundles or other property on the sidewalks
surrounding the White House.
Section 2. Semiannual Agenda Listing
This interim rule will be published in the April, 1983,
semiannual agenda.
Section 3. Purpose
The purpose of this interim rule is to prohibit the
stationing of signs or placards on the south sidewalk of
Pennsylvania Avenue, N.W., between East and West Executive
Avenues, N.W. (commonly known as "the White House sidewalk") and
to prohibit the placing or storing of parcels or other property
on the sidewalks surrounding the White House. The authority for
this interim rule is Section 3 of the Act of August 25, 1916 (39
Stat. 535, as amended; 16 U.S.C. S 3); Act of July 1, 1980 (94
Stat. 872); D.C. Code S 8-137 (1981); 245 DM 1 (45 FR 23383); and
National Park Service Order No. 77 (38 FR 7478), as amended.
Section 4. Need
Recent events occurring in the Memorial Core parks have
increased security concerns for the White House and the
President. On December 8, 1982, an individual drove a truck up
to the Washington Monument and threatened to blow the structure
up with 1,000 pounds of dynamite that was allegedly stored in the
truck. This incident, occurring a mere three blocks from the
White House, highlighted the potential security threat that could
be caused by one determined individual.
As a result of that incident, the National Park Service
reviewed its regulations relating to the White House area. It
was determined that the present regulatory scheme premitting
almost unlimited stationing of signs or placards on the White
House sidewalk and the placing and storing of parcels or other
property on that and other sidewalks surrounding the White House
create potentially threatening situations. Signs or parcels
stationed on the sidewalk, especially when leaning against the
White House fence, and stored parcels or other property,
2
especially those unattended, could conceal dangerous materials
and could obscure the view of law enforcement personnel.
Further, signs or placards that are not being hand-carried and
parcels or other property, especially those unattended, may be
difficult to move in an emergency situation.
In addition to security concerns, stationary signs or
placards and stored parcels or other property may impede the flow
of pedestrian traffic by and through the White House. Signs,
placards, parcels or other property also obscure the view of
visitors to the White House.
For these reasons, the National Park Service has determined
that there is a substantial government interest in prohibiting
signs or placards, except those that are hand-carried, on the
White House sidewalk and prohibiting the placing or storing of
parcels, containers, packages, bundles and other property on
those sidewalks contiguous to the White House.
Section 5. Information Collection and Record-keeping Requirements
The interim rule contains no information collection or
record-keeping requirements.
Section 6. Economic Effects
The interim rule has no estimated economic effects and is not
expected to result in an increase in costs or prices. The
purpose of the rule is simply to prohibit the stationing of signs
3
or placards and the placing or storing of parcels or other
property on sidewalks surrounding the White House. Therefore, no
private sector resources will be affected. In addition, the only
governmental resources or personnel possibly called into play by
the rule would be for law enforcement-type activities.
Obviously, the costs, if any, of these potential activities
cannot be quantified at present.
Further, since the rule merely prohibits certain individual,
private activities in specified areas around the White House, it
should have no effect on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete in domestic or export matkets.
Section 7. Significant Economic Effects on a Substantial Number
of Small Entities
No economic impact on any type of small entity is anticipated
since the rule attempts only to regulate individual, private
activity on several sidewalks surrounding the White House. NO
economic interests of any small entities are involved in the
activities regulated.
Section 8. Determination of "Major"
Under the definition of a "major rule" as set forth in $ 1(b)
of Executive Order 12291, the interim rule is not a major rule
since it merely prohibits individual, private activities on
sidewalks contiguous to the White House.
4
In accordance with Executive Order 12291, I have determined
that the interim rule described above is not major.
Regional National Director Capital Region 3/28/23
Manus 9 Full
Concur: Russell 2. Dickenson
Director, National Park Service 3/31/83
Section 9. Certification of Significant Economic Effect on a
Substantial Number of Small Entities
In accordance with the Regulatory Flexibility Act, I certify
that the rule described above will not have a significant
economic effect on a substantial number of small entities.
Manus 9 Full
Regional Director
National Capital Region
3/28/83
Concur: Russell E. Dickenson
Director, National Park Service
3/31/83
5
Section 10. Approving Official's Certification
Approve:
Disapprove:
Other:
Date:
06 Apr 83
Section 11. Distribution
cc:
Office of Policy Analysis, PBA
Division of General Law, SOL
Division of Directives and Paperwork Management, PBA
Office of Small and Disadvantaged Business Utilization, OSDBU
Chief Counsel for Advocacy, Room 1010
Attention: Regulatory Flexibility
1441 L Street, N.W.
Washington, D.C. 20516
6
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SOLICITOR
4/21/83
WASHINGTON, D. C. 20240
H.P.
Thought you wright
be interested in OVT
new regs which go into
effect Fr. 4/22. These
regs require that all
Signs on the White House
Sideralk be hand held.
They also ban the placing
of parcels on the White
House Sidewalk.
Ruh Robbine
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
May 11, 1983
FOR:
DAVID B. WALLER
JOHN G. ROBERTS, JR.
FROM:
CLAUDIA MCMURRAY
SUBJECT:
Regulation of White House Demonstrations
Title 16, United States Code, authorizes the Director of the
National Park Service ("NPS") to "have the supervision,
management, and control of the several national parks and
national monuments under the jurisdiction of the Department
of the Interior, ii 16 U.S.C. $ 2. Included within the
Director's jurisdiction, among several other areas, are the
"White House area, 1/ the "White House sidewalk," 2/ and
Lafayette Park.
Current National Park Service regulations 4/ set forth certain
restrictions on demonstrations on the White House sidewalk and in
Lafayette Park. 5/ According to the regulations, "demonstrations
and special events may be held only pursuant to a permit,
"
unless such events involve 25 persons or less. 36 C.F.R. § 50.
19 (c) (1) Demonstrations are limited to 750 persons on the White
House sidewalk and 3,000 persons in Lafayette Park. 36 C.F.R.
§§ 50.19 (e) (1) and (2). In addition, the Director may restrict
demonstrations and special events during certain weekday hours,
"if it reasonably appears necessary to avoid unreasonable
interference with rush hour traffic." 36 C.F.R. § 50.19 (e) (6).
No structures or sound amplification equipment are permitted on
the White House sidewalk. 36 C.F.R. §§ 50.19 (e) (8) (i) and
(9) (i).
Beginning in the late sixties and early seventies, several groups
of demonstrators challenged the constitutionality of various
aspects of the NPS regulations. A summary of the applicable case
law is set forth below.
Case Law
Historically, public streets and parks have been open to the
public for the exercise of first amendment rights of speech and
assembly. See Hague V. CIO, 307 U.S. 496 (1939). The exercise
of these rights, however, is subject to reasonable time, place
and manner restrictions, which take into account a variety of
governmental interests: such as control of traffic in the
streets, prevention of blockage of entrances to buildings, and
prevention of littering. Thus, in "public forum" cases, the
courts will engage in a balancing of the first amendment rights
of demonstrators against the legitimate interests of the
government in regulating conduct in public areas.
-2-
The guidelines courts use when balancing these competing
interests were first set forth in United States V. O'Brien, 391
U.S. 376, 377 (1968). According to the O'Brien test,
restrictions on expression are valid if:
(1) the regulation furthers an important or
substantial governmental interest;
(2) the governmental interest is unrelated to
the suppression of free expression; and
(3) the incidental restriction on alleged first
amendment rights is no greater than is
essential to the furtherance of that interest.
Id. Governmental restrictions, then, should be neutrally framed
and narrowly tailored to serve the state interest.
Several cases dealing with the use of the area around the White
House have utilized these guidelines. In Quaker Action Group V.
Morton, 516 F.2d 717 (1975), several groups challenged the Park
Service's denial of a permit for planned demonstrations on the
White House sidewalk and in Lafayette Park. The D.C. Circuit
upheld as constitutional the permit system as a whole, citing the
government's interest in the security of the White House area as
sufficiently important to justify some kind of prior restraint on
demonstrations. Id. at 726. In addition, the court said, the
Park Service must be permitted to allocate competing demands on
the time and space of the White House, due to its status as a
"unique situs." Id.
The court in Quaker Action Group upheld other provisions banning
sound amplification equipment on the White House sidewalk and
restricting demonstration activities during rush hour. The
government has a significant interest, the court found, in
assuring quiet for the numerous White House staff members working
in the area, as well as the smooth flow of traffic on the streets
and sidewalks. Id. at 727. The D.C. Circuit also found,
however, that the numerical limitations on groups on the White
House sidewalk and in Lafayette Park should be interpreted as
minimum, rather than maximum, restrictions. Id. at 731. The
court found no evidence that large groups create more of a
security risk to the President or the White House complex than do
smaller groups. Id. at 730.
In the late sixties, a group called Women Strike for Peace (WSP)
repeatedly sought permission to erect a small temporary display
on the Ellipse. See Women Strike for Peace V. Morton, 472 F.2d
1273 (1972). The Park Service rejected WSP's requests for
permits as contrary to the government's interest in preserving
the Ellipse as an unspoiled area. Id. at 1276. Moreover, the
Park Service claimed that WSP's display (consisting of 11
styrofoam tombstones intended to commemorate those who died in
-3-
Vietnam) would interfere with the Pageant for Peace held on the
Ellipse during the Christmas season. Id. The D.C. Circuit
rejected the articulation of these interests, finding that the
government action was discriminatory on the basis of the content
of the WSP's message. Id. at 1294. According to the court, the
Ellipse was large enough to accommodate both activities without
preempting the WSP's demonstration entirely. Id.
In 1974, the Vietnam Veterans Against the War challenged the Park
Service's refusal to issue a permit for a "symbolic campsite" on
the Mall. See Vietnam Veterans Against the War V. Morton, 506
F.2d 53 (D.C. Cir. 1974) (per curiam). According to the Park
Service, it could not allow four days of continuous camping,
because such activity violated § 50.19 (e) (8) of the Park Service
regulations, which prohibits camping in certain national park
areas. Id. at 57. The court upheld the Park Service's position,
finding that cooking and camping overnight were "beyond the pale
of first amendment protection." Id. Even if camping did merit
first amendment protection, the court accepted the Park Service's
claim that camping is too taxing on the government's law
enforcement and sanitation resources. Id. at 59.
This year, a case similar to VVW V. Morton awaits the granting of
certiorari by the Supreme Court. See Community for Creative
Non-Violence V. Watt, No. 82-2445. In this case, the Community
for Creative Non-Violence (CCNV) applied for and was granted a
renewable seven-day permit to conduct an around-the-clock
demonstration, commencing on the first day of winter, on the Mall
and in Lafayette Park. Id. at 4. The purpose of the
demonstration was to illustrate the plight of the poor and
homeless to the President, the Congress and the public at large.
Id. The Park Service denied CCNV's request for a permit to
sleep, a decision the CCNV challenged as an abridgment of their
first amendment right to free expression. Id. The Park Service
claimed that allowing the demonstrators to sleep would violate
its anti-camping regulations. See 36 C.F.R. § 50.19.
The District Court reached the same result the D.C. Circuit had
reached in VVW V. Morton: sleeping, in the form of camping, is
not within the first amendment's scope of protection. Id. at 9.
The D.C. Circuit overturned the lower court's decision finding
that sleep was indeed part of CCNV's message and therefore
constitutionally protected. Id. at 15. The court rejected the
Park Service's argument that sleeping demonstrators would drain
more of the government's resources than they would if awake. Id.
at 22. The court did find that the government had an interest in
preventing the storage of personal belongings in Lafayette Park
but concluded that the Park Service could regulate this activity
by less restrictive means than a total ban on sleeping. Id.
On March 15, 1983, the Supreme Court granted a stay of the Court
of Appeals decision, pending a decision on a writ of certiorari.
The CCNV, therefore, was prohibited from conducting their planned
demonstration this year. 6/
-4-
Other Situses: The Supreme Court and the Capitol Grounds
Challenges similar to those discussed above have been brought
regarding the use of the Supreme Court area and the Capitol
Grounds. In Jeannette Rankin Brigade V. Chief of Capitol Police,
342 F. Supp. 575 (1972), a coalition of women against the Vietnam
War challenged a law which prohibits "processions or assemblages"
on the Capitol Grounds. The Jeannette Rankin Brigade wished to
march from Union Station to the Capitol grounds, and then to
assemble at the base of the Capitol steps. Id. at 578.
Permission for the march was denied. Id. The District Court
struck down the law as a clear first amendment. Id. at 585. It
said that no governmental interest in "peace," "serenity," and
"majesty" around the Capitol grounds could override the
fundamental right to petition the government. Id.
The Supreme Court recently handed down a decision in United
States V. Grace, No. 81-1863, a case involving the right to
picket on the Supreme Court sidewalk. In Grace, the court struck
down as a first amendment violation a law prohibiting the
"display of any flag, banner or device designed or adapted to
bring into public notice any party, organization or movement" in
the United States Supreme Court building and on its grounds. Id.
at 12. The Court could find no sustainable governmental interest
in preventing traffic obstructions or the injury of passersby,
which would permit the adbridgment of an individual's rights.
Id. at 10-11. In classifying the sidewalk area as a public
forum, the court concluded "there is nothing to indicate to the
public that these sidewalks are part of the Supreme Court grounds
or are in any way different from other public sidewalks in the
city. " Id. at 12.
Interim Regulations
On April 22, interim regulations governing the use of the White
House sidewalk went into effect. The new regulations prohibit
signs or placards on the White House sidewalk "except those that
are carried by an individual." 36 C.F.R. § 50.19 (e) (9). In
addition, the regulations provide, "No parcel, container, pack-
package, bundle or other property shall be placed or stored on
the White House sidewalk. " 36 C.F.R. § 50.19 (e) (10). Such
a parcel or container may, however, be set down on the designated
sidewalks for a maximum of one hour "if it is attended at all
times within that time period, and law enforcement personnel are
permitted to search the property." Id.
The Park Service articulates several purposes for the change in
regulations. Primary among those: "Signs or placards leaning
against the White House fence may conceal dangerous materials,
obscure the view of law enforcement personnel and create other
security problems.' NPS interim regulations, p. 6. The Park
Service cited an incident several weeks ago, when a sign caught
fire and seriously damaged the fence and granite post in front of
the Old Executive Office Building. Id.
-5-
The Park Service also feels that signs left unattended can
"obscure the view of the White House for thousands of park
visitors. Id. at 7. NPS cited many instances when pedestrian
traffic has been impeded by signs left unattended. Id.
In comments attached to the regulations, the Park Service
expresses its belief that the regulatory changes place only
"minor restrictions on the activities of demonstrators in front
of the White House.' Id. at 8. The Park Service contends that
the regulations are "written in a neutral manner such that all
persons are prohibited from stationing signs or placards or
storing parcels or other property on the sidewalks surrounding
the White House. Id. The Service claims that any incidental
impact on speech is outweighed by governmental interests in
security, aesthetics, and free passage of pedestrian traffic.
Id.
The American Civil Liberties Union has challenged the interim
regulations as a violation of the first amendment (they also make
a fourth amendment challenge, not addressed here). This week,
Judge Bryant heard an ACLU motion for a temporary restraining
order to keep the Park Service from implementing the rules. In
light of the case law in this area, the Park Service has some
strong arguments for upholding the regulations. The restrictions
apply to all demonstrators who carry signs, rather than only
those with a particular message. (Although, conceivably, it
could be argued that the regulation discriminates against those
with long messages that cannot be carried by hand.) In addition,
the regulations only prohibit leaving a sign or placard
unattended. It is well settled in this area of constitutional
law that people who want to express their views do not have a
constitutional right to do so "whenever and however they please."
Adderley V. Florida, 385 U.S. 39 (1966).
Furthermore, the Park Service has articulated two substantial
governmental interests in justifying these regulations. It
appears that the security of the President and the White House
area is a very real concern. Certainly, the D.C. Circuit found
such an interest to be significant. See Quaker Action Group at
727. The interest in keeping the White House area clear and
unobstructed has also been recognized. See id.
The Supreme Court's granting of a stay in CCNV V. Watt is also
significant. Although the Court has not granted certiorari in
that case, it appears at least that the Court would be open to
reasonable restrictions on demonstrations in the Whtie House
area.
FOOTNOTES
1/ The "White House Area" is defined as all park areas,
including sidewalks adjacent thereto, within these bounds: on
the south, Constitution Avenue, N.W.; on the north, H Street,
N.W.; on the east, 15th Street, N.W.; and on the west, 17th
Street, N.W." 36 C.F.R. § 50.19 (a) (4).
2/ The "White House Sidewalk" is defined as "the south sidewalk
of Pennsylvania Avenue, N.W. between East and West Executive
Avenues, N.W." 36 C.F.R. § 50.19 (a) (5).
3/ "Lafayette Park" is defined as "the park areas, including
sidewalks adjacent thereto, within these bounds: on the south,
Pennsylvania Avenue, N.W.; on the east, Madison Place, N.W.; on
the north, H Street, N.W.; and on the west, Jackson Place, N.W."
36 C.F.R. § 50.19 (a) (6).
4/ "Current regulations" discussed in this section of the
memorandum are those in effect prior to the implementation of the
interim regulations on April 22, 1983. The interim regulations
will be discussed later in this memorandum.
5/ According to National Park Service regulations, no permits
are issued for demonstrations in the "White House Area" as
defined in footnote 1. See 36 C.F.R. § 50.19 (e) (5) (i).
6/ The CCNV was successful in a similar challenge last year.
See CCNV V. Watt, 670 F.2d 1213 (D.C. Cir. 1982). The D. C.
Circuit, however, construed the NPS regulation in order to avoid
the constitutional issue.
3 50.19
endanger the life or limb of other per-
use by fishermen of waters open to
Street, NW.; on the east, 15th Street,
tion. The numerical limitations listed
sons.
fishing in areas administered by Na-
NW.: and on the west, 17th Street,
below are applicable only for demon-
tional Capital Parks, the Superintend-
NW.
§ 50.16 Model planes.
ent, in his discretion, may close to
strations conducted without a permit
(5) The term "White House
in such areas. Larger demonstrations
NO model powered plane shall be
fishing all or any part of such open
sidewalk" means the south sidewalk of
flown from any park area unless au-
may take place in these areas pursu-
waters for such periods of time as may
Pennsylvania Avenue, NW., between
ant to a permit.
thorized by an official permit.
be necessary. Provided, the notice
East and West Executive Avenues,
(i) Franklin Park. Thirteenth Street,
thereof shall be given by the posting
NW.
§ 50.17 Gambling.
between I and K Streets, NW., for no
of appropriate signs, notices, and
(6) The term "Lafayette Park"
more than 500 persons.
Gambling in any form, or the oper-
markers. Fishing in Prince William
means the park areas, including
(ii) McPherson Square. Fifteenth
ation of gambling devices whether for
Forest Park shall be prohibited in
sidewalks adjacent thereto, within
merchandise or otherwise in park
areas designated for swimming, boat-
Street, between I and K Streets, NW.,
these bounds: on the south, Pennsyl-
for no more than 500 persons.
areas, is prohibited.
ing, or other public use, such areas to
vania Avenue, NW.; on the north, H
(iii) U.S. Reservation No. 31. West of
be designated by posting of signs.
Street, NW.; on the east, Madison
§ 50.18 Hunting and fishing.
18th Street and south of H Street,
Place, NW.; and on the west, Jackson
§ 50.19 Demonstrations and special events.
NW., for no more than 100 persons.
(a) Hunting in park areas prohibit-
Place, NW.
(iv) Rock Creek and Potomac Park-
ed. The parks are sanctuaries for wild-
(a) Definitions. (1) The term "dem-
(7) The term "Ellipse" means the
life of every sort and no person shall
way. West of 23rd Street, south of P
onstrations" includes demonstrations,
park areas, including sidewalks adja-
at any time or at any place within a
cent thereto, within these bounds: on
Street, NW., for no more than 1,000
picketing, speechmaking, marching,
park area, trap, catch, kill, injure, or
persons.
holding vigils or religious services and
the south, Constitution Avenue, NW.;
pursue any wild birds or wild animals,
all other like forms of conduct which
on the north, E Street, NW.: on the
(v) U.S. Reservation No. 46. North
except dangerous animals when it is
west, 17th Street, NW.; and on the
side of Pennsylvania Avenue, west of
involve the communication or expres-
necessary to prevent them from de-
east, 15th Street, NW.
Eighth Street and south of D Street,
sion of views or grievances, engaged in
stroying human lives or inflicting per-
by one or more persons, the conduct of
(8) The term "Director" means the
SW., for no more than 25 persons and
sonal injury, or destroy, remove or dis-
which has the effect, intent or propen-
Director, National Capital Parks, Na-
south of D Street, SE, for no more
turb the nest or eggs of any wild bird.
sity to draw a crowd or onlookers. This
tional Park Service, U.S. Department
than 25 persons.
The Superintendent is authorized to
term does not include casual park use
of the Interior, or his authorized rep-
(c) Permit applications may be ob-
take necessary action to capture or de-
resentative.
tained at the Office of Public Affairs,
stroy wildlife which is damaging Gov-
by visitors or tourists which does not
(9) The term "other park areas" in-
National Capital Region, 1100 Ohio
ernment property.
have an intent or propensity to attract
cludes all areas, including sidewalks
Drive, S.W., Washington, D.C. 20242,
a crowd or onlookers.
(b) Unauthorized possession of wild-
adjacent thereto, other than the
or at the Main Information Desk of
life. Unauthorized possession within a
(2) The term "special events" in-
White House area, administered by
the National Visitor Center. Union
park area of any live wild bird or
cludes sports events, pageants, celebra-
National Capital Parks.
Station, Washington, D.C. 20240.
animal, or the dead body or any part
tions, historical reenactments, regat-
Permit applications shall be submitted
thereof, of any wild bird or animal
tas, entertainments, exhibitions, pa-
NOTE: The darkened portions of the dia-
in writing on a form provided by the
rades, fairs, festivals and similar
grams at the conclusion of this section show
shall be prima facie evidence that the
National Park Service so as to be re-
person or persons having the same, are
events (including such events present-
the areas where demonstrations or special
events are prohibited.
ceived by the Director at least 48
guilty of violating this section.
ed by the National Park Service),
hours in advance of any proposed
(c) Fishing in park areas in Mary-
which are not demonstration under
(b) Demonstrations and special
demonstration or special event. This
land and Virginia. Persons fishing in
paragraph (a)(1) of this section, and
events may be held only pursuant to a
48 hour period will bei waived by the
areas under the jurisdiction of the Na-
which are engaged in by one or more
permit issued in accordance with the
Director if the size and nature of the
tional Park Service, lying within the
persons, the conduct of which has the
provisions of this section except:
activity will not reasonably require the
geographical limits of Maryland or
effect, intent or propensity to draw a
(1) Demonstrations involving 25 per-
commitment of park resources or per-
Virginia, must be licensed by and
crowd or onlookers. This term also
sons or less may be held without a
sonnel in excess of that which are nor-
comply with the applicable State laws.
does not include casual park use by
permit provided that the other condi-
mally available or which can reason-
(d) Fishing in park areas in the Dis-
visitors or tourists which does not
tions required for the issuance of a
ably be made available within the nec-
trict of Columbia. Persons fishing in
have an intent or propensity to attract
permit are met and provided further
essary time period. Forms shall be re-
waters in the District of Columbia con-
a crowd or onlookers.
that the group is not merely an exten-
ceived only during the hours of 8 a.m.-
trolled by the Secretary of the Interi-
(3) The term "national celebration
sion of another group already availing
4 p.m., Monday through Friday, holi-
or shall comply with the fishing regu-
events" means the annually recurring
itself of the 25-person maximum
days excepted. All demonstration ap-
lations for the District of Columbia
special events regularly scheduled by
under this provision or will not unrea-
plications, except those seeking waiver
approved by the Secretary of the Inte-
National Capital Parks, which are
sonably interfere with other demon-
of the numerical limitations applicable
rior and adopted by the Commission-
listed in paragraph (d)(1) of this sec-
strations or special events.
to Lafayette Park (paragraph (e)(2) of
ers of the District of Columbia.
tion.
(2) Demonstrations may be held in
this section), shall be deemed granted,
(e) Closing of waters. During a
(4) The term "White House area"
the following park areas without an
subject to all limitations and restric-
period of emergency, just prior to and
means all park areas, including
official permit provided that the con-
tions applicable to said park, unless
during special ceremonial events or
sidewalks adjacent thereto, within
duct of such demonstrations is reason-
denied within 24 hours of receipt.
competitive aquatic events, adjacent to
these bounds: on the south, Constitu-
ably consistent with the protection
However, where a permit has been
docks and floats, or to prevent over-
tion Avenue, NW.; on the north, H
and use of the indicated park area and
granted, or is deemed to have been
the other requirements of this regula-
granted pursuant to this subsection,
224
225
Title 36-Parks, Forests, and Public Property
§ 50.19
Chapter I-National Park Service, Dept. Interior
§ 50.19
the Director may revoke that permit
official annual commemorative Jeffer-
for two week period In approximately
marshal the demonstration In such a
pursuant to paragraph (f) of this sec-
son birthday ceremony.
late June and early July.
fashion so as to render unlikely any
NOTE: The darkened portions of the dia-
(vi) Columbus Day Commemorative
substantial risk of unreasonable dis-
tion.
(1) White House Area. No permit
grams at the conclusion of this section show
Wreath-Laying. At the Columbus
ruption or violence. In making a
shall be issued authorizing demonstra-
the areas where demonstrations or special
statue on the Union Plaza on Colum-
waiver determination, the Director
tions, except for the White House
events are prohibited.
bus Day.
shall consider and the applicant shall
sidewalk. Lafayette Park and the El-
(d) Permit application for demon-
(vii) Inaugural Ceremonies. The
furnish at least ten days in advance of
lipse. No permit shall be issued
strations and special events shall be
White House Sidewalk and Lafayette
the proposed demonstration, the func-
authorizing special events, except for
Park, exclusive of the northeast quad-
tions the marshals will perform, the
the Ellipse, and except for annual
processed in order of receipt, and the
rant, for the exclusive use of the Inau-
means by which they will be identi-
use of a particular area shall be allo-
commemorative wreath-laying ceremo-
gural Committee on January 20, 1981.
fied, and their method of communica-
cated in order of receipt of fully ex-
nies relating to the statues in La-
(viii) Other demonstrations or spe-
tion with each other and the crowd.
ecuted applications, subject to the
cial events shall be permitted in these
This requirement will be satisfied by
fayette Park.
limitations set forth in this section:
(2) Other park areas. No permits
particular park areas to the extent
completion and submission of the
Provided, That a permit may be
shall be issued authorizing demonstra-
that they do not significantly inter-
same form referred to in paragraph (c)
denied in writing upon the personal
fere with the National Celebration
tions or special events in the following
of this section.
approval of the Director, or, in his ab-
Events listed in this paragraph. No ac-
(4) No permit shall be issued for a
other park areas:
sence or unavailability by an author-
tivity containing structures shall be
demonstration on the White House
(i) The Washington Monument,
ized delegate of responsible rank and
permitted closer than 50 feet to an-
Sidewalk and in Lafayette Park at the
which means the area enclosed within
function upon the following grounds:
other activity containing structures
same time except when the organiza-
the inner circle that surrounds the
(1) A fully executed prior applica-
without the mutual consent of the
tion, group, or other sponsor of such
Monument's base, except for the offi-
tion for the same time and place has
sponsors of those activities.
demonstration shall undertake in good
cial annual commemorative Washing-
been received, and a permit has been
(2) It reasonably appears that the
faith all reasonable action, including
ton birthday ceremony.
or will be granted authorizing activi-
proposed demonstration or special
the provision of sufficient marshals, to
(ii) The Kennedy Center, which
ties which do not reasonably permit
event will present a clear and present
insure good order and self-discipline in
means the area under the administra-
multiple occupancy of the particular
danger to the public safety, good
conducting such demonstration and
tion of the National Park Service
area; in that event, an alternate site, if
order, or health.
any necessary movement of persons,
within the building known as the John
available for the activity, shall be pro-
(3) The proposed demonstration or
so that the numerical limitations and
F. Kennedy Center for the Performing
Arts and includes the roof terrace and
posed by the Director to the applicant:
special event is of such a nature or du-
waiver provisions described in para-
Provided, however, That the following
ration that it cannot reasonably be ac-
graphs (e) (1) and (2) of this section
outdoor terraces on the north, south,
national celebration events shall have
commodated in the particular area ap-
are observed.
and west portions of the institution as
priority use of the particular park area
plied for; in that event, an alternate
(5) No permit shall be issued author-
well as the driveways leading to the
parking garages. For the purpose of
during the indicated period, as follows:
site, if available for the activity, shall
izing demonstrations or special events
(i) Christmas Pageant of Peace. In
be proposed by the Director to the ap-
in excess of the time periods below
this section, the term "Kennedy
the oval portion of the Ellipse only.
plicant; in this connection, the Direc-
provided that these periods shall be
Center" does not include the east
building sidewalk, outdoor plaza or
during approximately the last three
tor shall reasonably take into account
extended for demonstrations only,
grassy areas at the Center.
weeks in December.
possible damage to the park, including
unless another application requests
(ii) President's Cup Regatta. In East
trees, shrubbery, other plantings, park
use of the particular area and said ap-
Demonstrations are permitted on
Potomac Park for approximately two
installations and statues.
plication precludes double occupancy:
those latter areas provided entrances
to the Center are not obstructed or ve-
days during the first week in June.
(4) The application proposes activi-
(i) White House area, except the El-
(iii) Cherry Blossom Festival. In the
ties contrary to any of the provisions
lipse: Seven days.
hicular traffic in its vicinity is not im-
of this section or other applicable law
Japanese Lantern area adjacent to the
(ii) The Ellipse and all other park
peded.
or regulation.
areas: Three weeks.
Tidal Basin and on the Ellipse and the
(iii) The Lincoln Memorial, which
(e) Issuance of permits shall be sub-
(6) The Director may restrict demon-
Washington Monument Grounds adja-
means that portion of the park area
ject to the following limitations:
strations and special events weekdays
cent to Constitution Avenue, between
which is on the same level or above
(1) No more than 750 persons shall
(except holidays) between the hours
15th & 17th Streets, NW, for six days
the base of the large marble columns
be permitted to conduct a demonstra-
of 7:00-9:30 a.m. and 4:00 to 6:30 p.m.
surrounding the structure, and the
usually in late March or early April.
tion on the White House sidewalk at
if it reasonably appears necessary to
single series of marble stairs immedi-
(iv) Fourth of July Celebration. On
any one time.
avoid unreasonable interference with
ately adjacent to and below that level,
the Washington Monument Grounds.
(2) No more than 3,000 persons shall
rush-hour traffic.
except for the official annual com-
(v) Festival of American Folklife. In
be permitted to conduct a demonstra-
(7) No special event shall be permit-
memorative Lincoln birthday ceremo-
the areas bounded on the south by
tion in Lafayette Park at any one
ted unless approved by the Director.
Independence Avenue, NW.; on the
time.
In determining whether to approve a
ny.
(iv) The Jefferson Memorial, which
north by a line running adjacent to
(3) The Director may waive the 3,000
proposed special event. the Director
means the circular portion of the Jef-
the south side of the Reflecting Pool
person limitation for Lafayette Park
shall consider and base his determina-
ferson Memorial enclosed by the out-
between 17th Street, NW., and Lincoln
and/or the 750 person limitation for
tion upon the following criteria:
ermost series of columns, and all por-
Memorial Circle; on the east by 17th
the White House Sidewalk upon a
(i) Whether the objectives and pur-
tions on the same levels or above the
Street, NW.: on the west by Lincoln
showing by the applicant that good
poses of the proposed special event
base of those columns, except for the
Memorial Circle and 23rd Street, NW.,
faith efforts will be made to plan and
relate to and are within the basic mis-
226
227
§ 50.19
Title 36-Parks, Forests, and Public Property
Chapter I-National Park Service, Dept. Interior
sion and responsibilities of National
as practicable after the conclusion of
§ 50.19
also require a permit from the District
Capital Parks, National Park Service.
the permitted demonstration or spe-
of Columbia or other appropriate gov-
Issued for a special event is revocable,
(ii) Whether the park area requested
cial event.
ernmental entity for demonstrations
at any time, in the reasonable discre-
is reasonably suited in terms of acces-
(iii) The Director may impose rea-
or special events sought to be conduct-
sibility, size, and nature of the pro-
sonable restrictions upon the tempo-
ed either wholly or in part in other
delegate. tion of the Director or his authorized
posed special event.
rary structures permitted, in the inter-
than park areas.
(g) Information Collection. The in-
(iii) Whether the proposed special
est of protecting the park areas in-
(f) A permit issued for a demonstra-
event can be permitted within a rea-
volved, traffic and public safety con-
formation collection requirements con-
tion is revocable only upon a ground
sonable budgetary allocation of Na-
siderations, and other legitimate park
for which an application therefor
tained in this section have been ap-
tional Park Service funds considering
value concerns.
would be subject to denial under para-
proved by the Office of Management
the event's public appeal, and the an-
(iv) Any structures utilized in a dem-
and Budget under 44 U.S.C. 3507 and
ticipated participation of the general
onstration extending in duration
graph (d) or (e) of this section. Any
such revocation, prior to the conduct
assigned clearance number 1024-0021.
public therein.
beyond the time limitations specified
of the demonstration, shall be in writ-
The information is being collected to
(iv) Whether the proposed event is
in paragraphs (e)(4) (i) and (ii) of this
ing and shall be personally approved
provide notification to park managers,
duplicative of events previously of-
section must upon 24 hours notice be
by the Director, or, in his absence or
United States Park Police, Metropoli-
fered in National Capital Parks areas
capable of being removed and the site
unavailability, by an authorized dele-
tan Police, and the Secret Service of
or elsewhere in or about Washington,
restored or the structure secured in
gate of responsible rank and function.
the plans of organizers of large-scale
D.C.
such a fashion so as to not unreason-
During the conduct of a demonstra-
demonstrations and special events in
(v) Whether the activities contem-
ably interfere with use of the park
tion, a permit may be revoked by the
order to assist in the provision of secu-
plated for the proposed special event
area by other permittees authorized
ranking U.S. Park Police supervisory
rity and logistical support. This infor-
are in conformity with all applicable
under this section.
official in charge if continuation of
mation will be used to further those
laws and regulations.
(v) Individuals or groups of 25 per-
the event presents a clear and present
purposes. The obligation is required to
(8) In connection with permitted
sons or less demonstrating under the
danger to the public safety. good order
obtain a benefit.
demonstrations or special events, tem-
small group permit exemption of
or health or for any violations of ap-
(h) Further information on adminis-
porary structures, may be erected for
§ 50.19(b)(1) shall not be permitted to
plicable law or regulation. A permit
tering these regulations can be found
the purpose of symbolizing a message
erect temporary structures other than
at 47 FR 24299, June 4, 1982.
or meeting logistical needs such as
small lecterns or speakers platforms,
first aid facilities, lost children areas
This provision is not intended to re-
or the provision of shelter for electri-
strict the use of portable signs or ban-
cal and other sensitive equipment or
ners.
displays. Temporary structures may
(9) In connection with permitted
not be used outside designated camp-
demonstrations or special events,
ing areas for living accommodation ac-
sound amplification equipment shall
tivities such as sleeping, or making
be permitted, provided prior notice
preparations to sleep (including the
has been given to the Director, except
laying down of bedding for the pur-
that:
pose of sleeping), or storing personal
(i) No sound amplification equip-
belongings, or making any fire, or
ment shall be used on the White
doing any digging or earth breaking or
House sidewalk, other than hand-port-
carrying on cooking activities. The
able sound amplification equipment
above-listed activities constitute camp-
which the Director determines, in the
ing when it reasonably appears, in
exercise of his judgment, is necessary
light of all the circumstances, that the
for crowd-control purposes.
participants, in conducting these activ-
(ii) The Director reserves the right
ities, are in fact using the area as a
to limit the sound amplification equip-
living accommodation regardless of
ment, so that it will not unreasonably
the intent of the participants or the
disturb nonparticipating persons in, or
nature of any other activities in which
in the vicinity of, the area.
they may also be engaging. Temporary
(10) Authorized permits may contain
structures are permitted to the extent
additional reasonable conditions and
described above, provided prior notice
additional time limitations, consistent
has been given to the Director, except
with this regulation, in the interest of
that:
protecting the park site, the use of
(i) No structures shall be permitted
nearby areas by other persons, and
on the White House sidewalk.
other legitimate park value concerns.
(ii) All such temporary structures
(11) Permits issued under this sec-
shall be erected in such a manner so as
tion do not authorize activities outside
not to unreasonably harm park re-
of areas under administration by Na-
sources and shall be removed as soon
tional Capital Parks. Applicants may
228
229
PENNSYLVANIA AVENUE
WEST EXECUTIVE AVENUE
WHITE HOUSE
EAST EXECUTIVE AVENUE
x
230
E STREET
THE WHITE HOUSE
RESTRICTED
N
231
POTOMAC RIVER - >
ENTRANCE PLAZA
- -National Park Service, Dept. Interior
RESTRICTED
RESTRICTED
N
LINCOLN MEMORIAL
KENNEDY CENTER
N
50.19