/\_Fire Ltr to Senators
[ Intro Letter on the Wyoming '94 Fire Report, by request -- ]
[ to Larry Craig of ID, Patrick Leahy of VT, & Staff Friends... ]
[ Facts & Appeals to the Senate Agriculture & Judiciary Committees ]
///////////////////////////////////////////////////////////////////////
PCU_//\_Free Assembly Project
PO Box 5852 - Washington, DC 20016 {VM: 312-409-0018}
29 September 1997
SEN. LARRY CRAIG, Chairman:
~ Agr. SubCmte on Forestry, Conservation, & Rural Revitalization
~ ENR SubCmte on Forests & Public Land Mgt.
328A Russell Bldg.* Washington, DC 20510
Staff: Mr. Nils Johnson, Ms. Jani Brackett
Attn: SEN. PATRICK LEAHY, Ranking Member:
~ Senate Judiciary & Agriculture Committees
Staff: Mr. Edward Barron, Ms. Michelle Barrett
RE: Fire at the Wyoming Gathering, July '94
Senators Craig & Leahy, Staff Friends:
We met Norm Arseneault in December '94 and shared concerns over
Forest Service actions affecting Constitutional Rights in the National
Forests. We discussed two rulemakings at length -- the proposed 'Law
Enforcement' rules, which you helped to stop in Spring '94, and the 'Group
Use' regulations, which we held off for over two years until they were
enacted on 29 September '95.
The Committee took keen interest in this realm of Forest Service
policies & practices... in general, the law enforcement abuses that have
afflicted public gatherings historically, and in particular the profound
events of one July day in Bridger-Teton National Forest:
The Fire at the Gathering in Wyoming (3 July '94) is a dramatic story
and a powerful message -- two thousand volunteers cooperated as
Citizen-Stewards to stop a huge blaze and put it out cold, defending Public
Land as their own. It also leaves some serious questions:
-- There is strong evidence of arson as the cause of the fire.
-- The Forest Service did little to support the fire fight on the ground,
and took various actions to disinform and impede volunteers in their
efforts, under color of law.
-- The investigation failed to pursue significant facts toward determining
the actual cause; various suspicious circumstances -- including armed
suspects -- were reported by witnesses but not followed up, and no
fire-related arrests were made.
-- The official report touches none of these issues, simply indicating "no
discernible human cause except smoking", and falsely implying negligence by
the Gathering itself.
Norm asked for the full story --
our report is presented here, with supporting documents:
GATHERING FIRE IN WYOMING -- Facts & Issues Summary
The intent is to give an overview of that day's events from accounts of
reliable witnesses, with perspectives on what this reveals about Forest
Service policies toward First Amendment events.
Apologies for the delay... we have taken care to screen rumors and stand
only on corroborated reports; this effort has been more difficult than
anticipated, but entirely necessary to substantiate an inquiry. In
bringing such matters before Congress, the facts must be clear and fully
supported.
Let there be no mistake on the message:
In Wyoming, a disaster endangering many innocent lives was averted only
by the extraordinary efforts of free Citizens in Consensus on the Land.
Forest Service actions in response were inappropriate, ineffective, and
suspect. The failure to investigate a very serious incident -- with strong
indications of foul play -- suggests that important facts are being covered
up.
It is paramount that gatherings be safe and secure. Real threats
cannot be trivialized, nor should the Forest Service even appear tolerant
of terror tactics against First Amendment activities. Steps must be taken
to uphold accountabilities and deter deliberate subversion in the future.
Sen. Craig/Leahy (29se97)
PAGE 2
We urge decisive action in joint oversight by the Senate
Agriculture, Natural Resources, & Judiciary Subcommittees...
Launch a full inquiry into the July 3 '94 Fire in Wyoming, with focus on
the failed preparations, response, and investigation by the Forest Service.
1. Anticipating a public gathering in a bad fire season, why was the
Forest Service clearly unprepared with the staff & resources required?
Where participants took careful precautions and met with officials in
advance to work out emergency procedures -- look at why the agency was
unable or unwilling to cooperate as claimed, or to respond to the fire
threat.
2. When the fire broke out, why were official actions mismanaged and
obstructive toward volunteer firefighters? Examine the role of the USFS
"Incident Command Team" in controlling Federal fire fighting capabilities,
and how decisions were made in a situation of serious threat -- resulting
in a breakdown in support and communications in efforts to stop the fire
and protect lives.
3. With strong evidence of arson, why was no real investigation made?
The Fire Report is cursory, misleading, and excludes substantial witnessed
facts. Secure the agency's "Rainbow Gathering Report" on the '94 event,
and call upon records and internal memos involving staff of the Big Piney
Ranger District, the Forest Supervisor, and the Incident Command Team.
______________________________
Of course this is one event in a long history between the Forest
Service and the gatherings.
We communicated with Norm at length on the bigger picture, and he
requested facts:
Our research has assembled broad documentation on encounters of peaceful
events with interagency police forces and "proactive enforcement" under
Forest Service auspices.
But the situation is in flux... There is more work to do on this, and some
facts must be preserved for legal recourse.
Since the 'Group Use' rules have been enacted, the enforcement issues
have intensified:
> The U.S. Government attempted a sweeping class-action suit against the
>Rainbow Family in Florida, used fraud & threat of massive police force to
>get several permits signed, and landed criminal charges on gatherers in
>North Carolina, Pennsylvania, Oregon, and Vermont.
> In turn, a civil suit against the Forest Service has challenged police
>roadblocks on the July '96 gathering in Missouri, on First and Fourth
>Amendment grounds, and scores of roadblock arrests at a Feb.'97 gathering
>in Florida are under investigation by the ACLU.
Time for some changes: Let this begin a candid inquiry and new dialogue
on Public Land & Rights.
Thanks for your patience and focus.
Respectfully submitted,
PCU Volunteers: Scott C. Addison
Judith Scheinhaus
D.E. Massey
Susan T. Malkove
Redmoonsong
ATTMT: Presentation Contents, RefNotes
CC: Sen. Patrick Leahy Sen. Howell Heflin Sen. Frank
Murkowski
Sen. Richard Lugar Sen. Thomas Daschle Sen. Dale
Bumpers
Dan Glickman, USDA Secretary Bruce Reed, WH Domestic
Policy Advisor
========= page break ================ page break =========
PCU //\ Free Assembly Project
Wyoming Fire Package, Sep'97 --
PRESENTATION CONTENTS:
[] Report...
to - Senate Committee on Agriculture, Nutrition, and Forestry //
Subcommittee on Forestry, Conservation, & Rural Revitalization
(Sen. Craig, Chair);
attn - Judiciary SubCmte on Constitution, Federalism, & Property Rights
(Sen. Leahy, R-Min.):
Gathering Fire in Wyoming
{Bridger-Teton N.F., 3 July 1994}
* Facts & Issues Summary *
~ PCU/ September 1997 ~
[] Exhibits...
* USFS News Release, 5/18/94: LE Rules stopped -- 2 pp.
* 'Wyoming Rap 107' (info sheet at the gathering) -- 1 pg.
* Fire Photos (c/o... http://www.welcomehome.org) -- 3 pp.
* Fire 'Incident Report': "Rainbow-002", 7/14/94 -- 2 pp.
* Ltr: Big Piney RD to 'Rainbow', 7/29/94 -- 2 pp.
[] FS Regs 'Resource Package'... (General Info Doc'ts, per PCU)
* Constitutional Alert -- USFS Rules (Summer '96) -- 2 sides
* FS Regs Legal Update, se97 -- "
* Pressclips... Osceola & Ozark Lawsuits (mr96, jy96) -- "
* House Judiciary Ltr to AgSecretary (no93) -- "
* Legal & Land Use Review/ Summary (de93) -- "
* Senators' Ltr re: USFS proposed 'LE Rules' (ap94) |
US v. Israel, Order (my86): Regs Unconstitutional | -- "
REFNOTES:
{Info via Phone & Correspondence, Jan'95 - Feb'96}
* Greg Clark, District Forest Ranger
Big Piney Ranger District
PO Box 218 * Big Piney, WY 83113
(307-276-3375)
Bridger-Teton National Forest -- Jackson, WY
* Sandra Key: Forest Supervisor^
(^new: Ben Worthington was Acting Supervisor in July '94,
now Sup'r of Daniel Boone NF, KY)
* Scott Fitzwilliams: Public Information Officer for Teton NF (307-739-5500)
* Terry.Dyess: Incident Commander
* Rita Chandler: Dispatcher (307-739-5582)
* A USFS "Rainbow Report" on the Wyoming Gathering was ostensibly in
preparation for many months; several requests were made for this to be
sent, but it has not been received.
////////////////~RSVP, via E-Mail...No Time to Surf~/////////////////