United States v. Israel

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Filed: May 16, 1986
Richard M Weare, Clerk
NO. CR-86-027-TUC-RBM

UNITED STATES OF AMERICA

Plaintiff,

v.

GIDEON ISRAEL, and PATRICK A. CZERNIAK,

Defendants.

The Forest Service requires groups of ten or more people who gather on Forest Service land "for the purpose of expression or exchange of views or judgments" to apply for a special use permit. Such a regulation impermissibly singles out those who wish to gather in order to exercise their First Amendment rights. The Court finds that this regulation is therefore UNCONSTITUTIONAL.

The Forest Service has every right to regulate large-group use of government land. If the Forest Service wishes to regulate large groups its regulation must not only be content-neutral, but must apply to ALL large groups.

IT IS ORDERED that the defendants' motions to dismiss are GRANTED. The criminal charges pending against defendants are DISMISSED.

DATED this 15th day of May, 1986.

(signed) Richard M. Bilby

United States District Judge