Forest Service Regulations

[Federal Regulations] [Defensive Info] [Other Rainbow Court cases] [Summaries and Analyasises] [Other]

For those that don't know, the Forest Service is trying to pass new regulations that would make Rainbow Gatherings illegal! Here's some info on the fight against the regulations.

A good rundown on the harassement problems Rainbows suffer through is "Cops On Welfare", about the waste of tax dollars for an overly large and aggressive Law Enforcement force.

Here's a brief set of Legal Notes on the current Legal scene. Go here to see what the status is of the current legal cases is.

Annual Rainbow Gatherings

NFS Reports: This is a link to local copies of the reports the National Forest Service files every year after the gathering. Most of these documents come via a FOIA request, so if anyone out there has something I don't have here, please email me, so I can get a copy.
2003 Annual Gathering in Utah: This is the documents between Garrick Beck and the Forest Service concerning his permit application (which was granted).
2000 Annual Gathering in Montana: This is the case against Barry "Plunker" Adams, Val, and Kalif by the Forest Service.
1999 Annual Gathering in Pennsylvania: This is the case against Garrick Beck, Joanne Freedom, and Stephen Principle by the Forest Service.
1998 Annual Gathering in Arizona: This is the case against Strider by the Forest Service.
1997 Annual Gathering in Oregon: This is the case filed by Alexis Black, Brian Michaels, Barry Adams, Carla Newbre, John Johnson, and Susan Bernstein over the harassement they got from the Forest Service over their refusal to sign a Group Use permit.
1996 Annual Gathering in Missouri: This was Zoe's Love's (Tracy Park) case against the Forest Service over their illegal road blocks.
1988 Annual Gathering in Texas: This is a few excerpts from the first court case over the Grouo Use regs. These were throw out as unconstitutional.

Regional Rainbow Gatherings

Wisconson 1998 Regional Gathering: This is the court order over Ben Masel's case when he got cited for not filing for a permit for a Wisconson regional.
Pennsylvania 1996 Regional Gathering: This is the case filed by the Forest Service against Bill Baxter, and Joseph Greenfeather, where they claimed these indiviguals were our leaders because of a post they made to the Net.
Katuah 1996, North Carolina Regional: This is the case filed by the Forest Service against John E. Johnson, William V. LeTempt, Jeffery O. Pike and Daniel Gallagher.
Various Florida Regional Gatherings: This is a collection of documents and legal paperwork covering several Florida regionals. For whatever reason, the Law Enforcement Officials in Florida set up huge and invasive road blocks every year till an injunction waws granted banning all road blocks.
Missisipi 1998 Regional Gathering: This was an incident that never made it to court, where the Forest Service overwhelmingly invaded this regional. This is various documentation on that incident.
United States v. Israel: The court's decision in 1986 finding previous versions of these regs unconstitutional when they got enforced at a 1986 regional in Arizona.

Various regulations

Here's the various "group use" regulations.

The Final FS Regulations: This is the full text of the new Federal Regulations. These regulations make Rainbow Gatherings Illegal!. Among other things, this includes a point by point answer to all the reasons we believe the regs are an infringement on our constitutional rights. To download a Word 6.0 formatted version of the regs, Click here.
Talking Points: Handout from a training session for Forest Service Rangers about the "Group Use" regulations. Also has a question and answer section.
Follow-up Questions and Answer For Training on New Noncommercial Group Use Rule: This is the question and answer section of a Forest Service training class for Rangers on the "Group Use" regulations.
BLM regulations (CFR 43): The BLM also has new Group Use regulations. Permits, Leases and Trespass; Procedures for Action on Use, Occupancy and Development; Unauthorized Use; and Cost Reimbursement for Processing and Monitoring Permits and Leases for Use of Public Lands.
USFS Group Use Regulations - Part #1: This is the draft rules as originally written for the public comment period. For the final draft, go here.
USFS Group Use Regulations - Part #2: This is the draft rules as originally written for the public comment period. For the final draft, go here.

Defensive Info

This is stuff that can be used to prepare a legal defense against the group use rules.

Does The First Amendment Shield Rainbow Gathering Attendees From Government Compelled Expression And Association: This is a great paper on the constitutionality of the Group Ue regulations, written by a college professor about legal issue around Missouri Rainbow Gatherings.
Creative Philosophy and Sociology of the Law of Peace: Legal HipStory for Religious Use Defense under Religous Freedom Restoration Act (my legal perspective)
by Barry Adams, Montana Family, beaplunker (c. 1996) edited by S. Bradford
Addendum #1 - Creative Philosophy and Sociology: A discussion of the Supreme court decision "Hurley vs. Irish-American Gay, Lesbian & Bisexual Group of Boston" and how it applies to our right to free speech.
Permit Herstory: This is a brief herstory of the permit process and Rainbow Gathering from 1972 to 1983.
: This link goes to the Forest Service's web site page on their analysis of the Group Use regulations.
Religious Use Defense: This gives a brief sketch of how someone might use provisions of the Religious Freedom Restoration Act of 1993 to make a claim or defense for their cultural practices, such as marijuana use and Peaceable Assembly...
The Religious Freedom Restoration Act: The Religious Freedom Restoration Act requires that U.S. federal, state and local governments shall not substantially burden a person's exercise of religion unless it can show that the law is in furtherence of a "compelling governmental interest", and it is the "least restrictive means" of furthering that interest.
Rainbow Valley complaint - March 1996: The complaint from Gideon Israel for to Judge Strophy of the Thurston County Superior Court, WA asking for relief from political and legal harrsement of their Peace Gatherings.
The Religious Freedom Web Site: An interesting web site on Religious Freedom sponsored by the Christian Scientists.

Summaries and Analysises

These were written by several people, but I figured it would be good to have a few breakdowns of the regulations, as they're huge.

Prop1's Rainbow Regs Web site: This is Peace Park Family's web site, and they have their own section on the new Forest Service regulations.
The 9th Admendment: This includes a description of the ninth admendment and includes the infamous "Certificate Of Non-compliance".
The Fight For Public Land and Rights: The fight for public land and rights A year or so in the trenches This article appeared in The Lumpen Times, Vol.3 / No. 20, August 1994; pp. 36-37. (Chicago, IL)
Forest Service Reinvention: As a participant in the April 30 Town Hall in St. Paul, PCU received a copy of the "...Interim Report of the Forest Service Reinvention Team" several weeks ago. As a formal draft report on public inputs, it has to be taken seriously: Its completeness, accuracy, and comprehension are critical, for on the basis of what it acknowledges or ignores, the shape of future policy will be determined.
Legal And Land Use Review Summary: Analysis and Positions on Amendments to 36 CFR Parts 251 & 261, as proposed by the U.S. Forest Service for public comment.
FS Rules & Rights: Info on the "Group Use" rules proposed by the Forest Service.
Legacy- Land & Liberty: The Ancient Tradition of Tribal Gathering...Public Land and the Exercise of Freedom.
Analysis: The new regs were reviewed in a 3/17 Council in Madison, and this analysis was written as a summary for first distribution at a 3/19 Circle there. Understand that this is a quick first look at the issues, scanned & lightly edited for Network info.
Our Rights: An answer from Thomas of PeacePark and PCU about our rights to gather on public land.
Petition: A public petition against proposed Forest Service rules
Group Use Rules: A review of the Forest Services's Group Use' Rules. The Constitutional, Environmental, & Human Impacts of Proposed USFS Regulation -- An Abstract
Son of Franken Regs: Proposed USFS Rules for "Law Enforcement Support Activities" and the assault on the Fourth Amendment -- A Summary
New Policy Directions: Forest Service "Group Use" & "Law Enforcement Rules" Public opinion and politics in the campaign to preserve Constitutional rights in the National Forests
Waco -- The Policy: The Forest Service has proposed two new regulations -- one that would change freedom of assembly and expression into a crime, punishable by fine and/or imprisonment; another that would create a National Police apparatus with sweeping powers over citizen access and activities on public land. These measures are presented as routine administrative rulemakings, but they tell a bigger story about government power.
PCU Consensus: The original purpose of PCU was to develop a broad-based coalition to oppose violations of inalienable rights in the National Forests. PCU defines itself as a coalition of volunteers who are individuals working in affinity to protect Constitutional rights on public land, as well as the sanctity of Mother Earth. PCU does not represent the Rainbow Family.

Other

1994 Almost Free: To foster a common understanding of factual reality, to provide a foundation for equality, justice and freedom; almost free is published, as circumstances warrant, by the D.C.. crew. opinions expressed in almost free are purely those of the authors, and are not necessarily sanctioned by the Rainbow Family.
Forest Service report on the Vermont Gathering: This is a summary of the Forest Service report on the 1991 Vermont gathering.
Controlling Public Protest: First Amendment Implications: A chilling paper from the Unit Chief of the Legal Instruction Unit at the FBI Academy on restricting first admendment rights. It's a interesting document that tries to justify regulations like the &Rainbow Regs".
Taking Action!: This is a primer from Earth First! on taking direct political action, and non-violent protest. Although it's oriented towards saving the trees, it's got some very good info in it on protest actions.