IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

 
SCOTT C. ADDISON, DOUGLAS O'BRIEN,    ) 
and ARJAY S. SUTTON,                  ) 
                                      ) 
                 Plaintiffs,          ) 
                                      ) 
        vs                            ) 
                                      ) 
The FOREST SERVICE of the United      ) 
States Department of Agriculture;     ) 
                                      ) 
COUNTY OF MARION, FLORIDA;            ) 
                                      ) 
and COUNTY OF LAKE, FLORIDA,          ) 
                                      ) 
                   Defendants,        ) 
                                      )		 Case No.: _____________ 

Judge: ________________ 
 

MOTION FOR TEMPORARY 
RESTRAINING ORDER 
 

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
TO ENJOIN AND PREVENT ROADBLOCKS AND OTHER ENFORCEMENT
TACTICS DETERRING PUBLIC ACCESS TO OCALA NATIONAL FORES

NOW COME the Plaintiffs in the above-captioned case, Scott C. Addison, Douglas O'Brien, and Arjay S. Sutton, and move the Court to enjoin the Defendants, the Forest Service of the United States Department of Agriculture, the County of Marion (FL), and the County of Lake (FL) from establishing roadblocks, "Safety Checks", or other enforcement tactics against participants in public gatherings and other citizens traveling in and around Ocala National Forest. Time is of the essence, as such enforcement actions are currently taking place.
  1. Plaintiff Scott C. Addison was twice subjected to stops and searches by Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala National Forest) on February 7, 1998, en route westbound to an encampment on FR 599A at 6 PM, and again with a dog search when leaving that encampment at 7:30 PM.

    2. By the location of the roadblock (on FR 599 at the junction of FR 562), this action clearly targeted travelers on the only direct route to and from the "599A Camp" less than a mile to the west, and intended to intimidate and harass people staying or visiting at that Camp, on the presumed grounds that some of these people were likely to participate in a public gathering to commence in mid-February at a nearby Ocala National Forest site. Addison requested written guidelines for the roadblock, and was refused.

    Plaintiff Addison intends to participate in the aforementioned gathering in exercise of First Amendment Rights of peaceable assembly, expression, and prayer, and is distressed and deterred by the expectation that police roadblocks and unwarranted stops, searches, seizures, and arrests of participants will continue and intensify through its course.

  2. Plaintiff Arjay S. Sutton was twice subjected to stops and searches by Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala National Forest) on February 6 and 7, 1998. On the first occasion Plaintiff was stopped by a roadblock at 6 PM, at the junction of FR 599 and FR 599C, approximately 2 miles from the 599A Camp. On the second occasion Plaintiff Sutton was a passenger in the vehicle of Plaintiff Addison leaving that encampment at 7:30 PM.

    3. In addition, Plaintiff Sutton was subjected to stop and search on February 14 and 15, 1997, in conjunction with a public gather-ing near Alexander Springs, Ocala NF. A roadblock was maintained by Defendant law enforcement agencies at FR 552 and FR 544, on the only direct route to the gathering site from the south. On the first occasion he was transporting several hundred pounds of food supplies to the event, and had to resist a dog search for reasons of public health.

    Plaintiff Sutton intends to participate in the current gathering in Ocala National Forest in exercise of First Amendment Rights of peaceable assembly, expression, prayer, and in a spirit of public service. He is intimidated personally and on behalf of others who might be deterred from participating in a public gathering by police roadblocks and the threat of unwarranted stops, searches, seizures, and arrests.

  3. Plaintiff Douglas O'Brien was a participant in a public gathering in Ocala National Forest in February 1997. En route to this event on February 22, 1997, he was subjected to stop and search at an roadblock maintained by Defendant law enforcement agencies at the junction of FR 546 and FR 544, the only direct access to the site from the north. The roadblocks and related police actions between February 12 and February 24, 1997 resulted in the arrest and incarceration of about ninety (90) known participants in that gathering, and a climate of fear around this First Amendment event.

    4. Plaintiff O'Brien was informed that interagency police roadblocks were established again on February 6-7, 1998, and is deterred from entering Ocala National Forest for any purpose, for fear of being personally profiled and targeted for selective enforcement.

  4. Plaintiffs move the Court to issue a Temporary Restraining Order against Defendant Law Enforcement agencies and their affiliates, to cease and desist, and be prevented from instituting roadblocks, "Safety Checks", unreasonable searches and seizures, and other forms of selective harassment under color of law. There is need for immediate relief due to the public gathering now commencing at Juniper Prairie, and the chilling effect of such actions upon the Plaintiffs, participants, and citizens at-large within and near Ocala National Forest.
  5. Plaintiffs have suffered fear and emotional distress, and are damaged in their rights to associate freely with others, to assemble peaceably, and to engage in expression and prayer distinctive to consensual gatherings on common ground.

    6. Plaintiffs are further damaged in their rights to travel within and through Ocala National Forest, and to enter and enjoy National Forest lands without fear of harassment, intimidation with guns and threat of violence, and legal jeopardy.

    Unless restrained by this Court, the Defendants will continue to subject the Plaintiffs, other gathering participants, and random citizens at-large to systematic violation of these rights, and others retained by citizens.

    Plaintiffs stand in imminent harm with no other remedy at law, and seek redress under the protections of the First, Fourth, and Ninth Amendments to the United States Constitution, as made applicable to Defendants by the due process clause of the Fourteenth Amendment thereto; of Sections 701, 702, 703, and 706(2)(b) of Title 5 of the United States Code; of Sections 2201, 2202, and 2412 of Title 28 of the United States Code; and of Sections 1983 and 1988 of Title 42 of the United States Code.

  6. The public interest will be served by the issuance of this Temporary Restraining Order in that law enforcement officials are not following the rules set forth by State and Federal Courts on the establishment of roadblocks. Both Florida and United States Courts require that any agency establishing a roadblock may not utilize such roadblocks, whether they are called "Safety Checks", "Checkpoints", etc., for selective enforcement.

    7. As this suit is being filed pro se by Plaintiffs currently suffering harm, it is necessary that the Court issue its decision without Notice, which would not constrain or harm Defendant agencies in legitimate enforcement activities.

    The Federal Courts have the obligation to protect the Public Good; should this illegal action be allowed to continue, the public at-large will suffer irreparable harm.

  7. WHEREFORE the Plaintiffs respectfully request that this Court award to them and against each of the Defendants:
  8. A Temporary Restraining Order on an emergency basis, enjoining each of the Defendants as well as their officers, agents, servants, employees, attorneys, and others acting in concert with them (a) from continuing to conduct the police
roadblocks related to public gatherings, which they have established within or in the vicinity of the Ocala National Forest in Marion or Lake Counties, or in other Florida counties within this District; (b) from targeting selective enforcement and harassment upon individuals or perceived groups on the basis of personal appearance, association, creed, or inferred affiliation; and (c) from conducting any search or seizure of anyone in a vehicle in that vicinity without individualized probable cause, individualized exigent circumstances, or other proper and articulable individualized suspicion or cause;
B. Such other and further relief as this Court may deem just and proper.

Respectfully submitted,  

          Scott C. Addison, pro se                 Date
          xxxxxxxxxxxxxxxx
          xxxxxxxxxxxxxxxx
          Douglas O'Brien, pro se                  Date
          xxxxxxxxxxxxxxxx
          xxxxxxxxxxxxxxxx
          Arjay S. Sutton, pro se                  Date
          xxxxxxxxxxxxxxxx
          xxxxxxxxxxxxxxxx
CERTIFICATION OF SERVICE

I hereby certify that copies of this Motion were served upon the Defendants U.S. FOREST SERVICE, MARION COUNTY (FL), and LAKE COUNTY (FL) by certified mail and fax transmittal.

Attested: _________________________________ _______________ 

                        Scott C. Addison           Date
                        xxxxxxxxxxxxxxxx
                        xxxxxxxxxxxxxxxx