Wounded Earth Environmental Project
Box 8574, Missoula, MT 59807
Montana Family, Plunker and Sue and Kasha et all

Howdy Zoe and Dave and others,

Here is our best observations for now... would love to read the whole case... this is somewhat detailed and lengthy, we've researched/reviewed our minds/hearts; thanks for any info...

On the Exhibits:

Exhibit 2 -- 2 of 2 -- "The Forest Service will also work with the Rainbow to alleviate parking and traffic congestion along Forest Road 3173" -- No mention of roadblocks!

Exhibit 4 -- 5 of 10 --

"4. Patrol Area.." -- Even areas we consider "sacred" are to be patrolled...FS acknowledges we feel certain areas are sacred" and proceeds by stepping on our practice of religion... the entire Gathering Site is Sacred, to those of Us who Gather! Gathering is one of Our Sites/Days (like a Church/Synagogue and Sunday or Saturday is to other religious practices/way of life), of spiritual/religious practice. it is entitled to Constitutional protection.

"5. road checkpoints... in accordance with state and federal law" -- However, even Pancho in his letter thought they were breaking the law and in violation of State law -- see Exhibit 20...

Exhibit 4 -- 7 of 10 -- "Checkpoints will be used..." -- Who gave this order, exactly... the I.C.?..Agent Ball?

[Note: No memo or directive from Chief Jack Ward Thomas... about keeping up checkpoints?]

Exhibit 7 -- : of 1 --

"2.b. Any person obtaining substance pursuant to a valid prescription or order, from a practitioner acting in the course of his/her professional practice." -- Under this order, it seems to me, 36 CFR 261.50e ...and 36 CFR 261.58t) seems to recognize medical prescription/order of cannabis, for medical use etc. -- federally (right?) -- Also, it seems to read "practitioner" in general -- any Practitioner -- religious, medical, healing arts, etc..in professional practice, could issue a prescription/order.

When legally speaking of "a 'practitioner' acting in the course of his/her professional practice," ...it seems to me that this could legitimately include a variety of "professional practices", including other healing arts, spiritual healing, religious practitioners, etc. -- ref: cannabis, religious use.

Moreover, professions and trades utilizing hemp seem to be included. The wording of item #1, same order, reads to me: that even possession of hemp and hemp by-products...cannabis, i.e. hemp...is illegal in the Mark Twain Forest. This oversteps Federal Authority as regards legally imported hemp and hemp products, and possession etc. of legal Hemp products etc. --

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(see also: Attorney Don Wirtshafter, Ohio Rainbow Family, who is very knowledgeable in Hemp cases etc) -- ...Again, Forest Service officers mis-interpret their own right of authority, and exceed/neglect their given authority... causing disruptive incidents, in the Gathering, between Police authority and People in legal possession of hemp products being harassed.

This Special Order is directed toward Our Gathering specifically!

The "practitioner" issue is a matter of due process -- This relates back to the "free speech" decision, "soapbox decision," Religious Freedom Restoration Act, etc....

Issues of due process and "limits" of religious/cultural and/or medical use of cannabis/marijuana/hemp remain in the "grey area" of the law.. The medical debate is finally getting some degree of fair hearing: in the news: New England Journal of Medicine, January 29, 1997... Marijuana should be considered for use, medically, for some people; the government is out of step. Meanwhile, R.F.R.A. cases are still in process, should soon re-define the extent of religious freedom in this Country... Zoe's case is over Free Speech/Cultural Nudity/right to gather for expression without being intimidated by Police Authority, etc... Constitutionally -- with true due process -- there would be no more "chilling" effect on our/Zoe's freedom to peaceably assemble, with ingress and egress, and freely express -- through speech, movement, manner, style, dress or undress -- or petition for redress! ...without being OPPRESSED!

For many years, the United States Forest Service and various Governmental Agencies and Individuals, have joined together in an Alliance/conspiracy to participate in, solely and collectively "pro-actively", systematically, through bureaucratic manipulations, deceptive practices, Special Orders, Incident Command structures, etc... There is an Abuse of Power directed against our cultural expression... in forms of Cultural oppression/intimidation/incarceration/humiliation etc -- against Rainbow People (all associated people) and/or individuals, and/or groups similar in nature -- seeking to deprive us of our guaranteed Rights ...through this tactic of setting up a Police State on the threshold of (Legal) Peaceable Assemblies!

Also note: leg) Right now in Montana, the legislature is considering a bill to require the Pledge of Allegiance in schools... How will this stand under the Religious Freedom Restoration Act?... Note: This year, the U.S. Supreme Court is hearing a RFRA case: Religious sanctuary vs. Low income housing (Zoning)-(Supreme Court decision expected July 9?),... between Roman Catholic Church and a City in Texas.. this shouldgive some further definition toward "what/how much religious freedom/sanctuary (gathering)" will be Constitutionally protected... under RFRA and otherwise. This will likely impactjinterpretation of other Constitutional Rights; i.e. Right to Peaceably Assemble... which includes Right to Freedom of Expression...etc.

And let's not forget that in Missouri, the government even went into deceptive practice, illegal means of communication... i.e. the permit signing by Mr. Lincoln... in violation of civil procedures.

But returning to the issue of what is a "practitioner" -- I am a practitioner (U.L.C. Minister, sabbatical) of a religious/spiritual way of life, using cannabis (see Creative

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Philosophy). Within Our Culture/Way of life, such personal practices of use of marijuana or being nude, are individual decisions but are recognized as religious practice within our culture. So then, doesn't the above cited regulation allow me to use this sacrament/medicine within the National Forests? And/or even "order" this for myself and others in accord with the Creed of a (recognized) religious/spiritual ministry..of of Cultural Nature. And/or, in particular, within an area in the Forest set aside "legally" for our practice of Gathering (albeit by the illegal permit process with Paul) -- the government did legalize the Gathering in the minds of the law enforcement (see Pancho Smith's letter and Billy Ball's letter) ...They "legalized" the right of Mr. Lincoln (etc) to peaceably assemble for purpose of expression... -- per 36 CFR 251 -- so they had no legal right to set up a police state on the the threshold of the peaceable assembly, i.e. church, let alone to harass people for the nature of their practice etc (...see my paperwork; and Billy Ball's letter and Pancho Smith's letter)

Moreover, under the Order and cited rule concerning Cannabis, why was there no question of whether or not the people they stopped -- illegally, at the roadblock -- who were detained, etc, for marijuana or cannabis --had a "prescription or order" for use?... None of the Officers asked any of the people they stopped and/or possibly arrested and/or illegally searched and seized... whether any of those people had an Order from a practitioner... either their medical doctor or their spiritual healers...

And with due process,.. under this rule (in a sense), ...if folks were in religious/spiritual practice... and acknowledging their personal responsibility... shouldn't they be allowed the standing of practitioners as far as their personal liability is concerned? ...Anyone(who) is a practitioner whom takes personal responsibility (in our culture)...Peaceable Assembly Culture Practitioners-- in Rainbow tradition, All are Equal in the Sight of God/goddess/ spirit/Council/gathering etc...so, in truth, All People who Gather at Rainbow Gathering are Practitioners, and could Order, for themselves, personal (individually - Rainbow tradition) Cultural Freedom re: marijuana, nudity etc... This has reference to Cannabis, nudity, and other elements of Creed and/or Free Expression...and it is up to the Individual to decide their own Personal Expression, Speech etc.. (also Rainbow Tradition). The people who come, in accepting the invitation, only agree, with one another, to Peaceably assemble and express themselves peaceably.

Personal responsibility, in unity with others, is the key to religious/ political/etc freedoms. As long as Peaceable Assembly remains Peaceable, with due process there should be no reason for violation of the peaceable assembly... and there should be freedom of access to ingress and egress at all times... this is the natural way of free association (or dissociation) to and from a peaceable assembly. There is no justification for a "checkpoint Charlie" situation hindering ingress and egress to a "legal" peaceable assembly.

The main question: If law enforcement officers witness People in the Forest and these People have the appearance and/or manner of People who are Peaceably Assembling for Purpose of Expression.,. if an Officer recognizes such an event as taking place... through observation, information or

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training... then does that Officer have an obligation to respect/honor/protect this Constitutionally guaranteed activity?? ...or, conversely, does that officer have any "right" to violate a recognizable Peaceable Assembly for purposes of expression, People practicing their Freedom of expression???? -- "expression," by which we mean to include meaningful actions such as being nude and/or using cannabis (in a spiritual way and/or healing or medicinal way), and/or including any expressive peaceable practice.

And So, Why, legally, were the fed police and/or other types of law enforcement there??? -- (answer) To violate practitioners of Gathering?... Those officers who knowingly interfere with a recognizable Peaceable Assembly for Purposes of Expression are knowingly violating the Right to Peaceable Assembly and Right to Freedom of Expression... which includes P&dP governance over the Assembly's staging area to ensure the right to full expressive behavior; ie, governance over the "legal" area of the Gathering, and/or right to unencumbered ingress and egress to the peaceable assembly area...

Exhibit 8 -- 1 of 3 -- ref. gen order 66-04-354 -- This order was in effect for only 2 days, and based on "alcohol. "

6.b. -- Did they consider that stopping cars creates a hazard? rather than letting people flow.... or not?

Exhibit 9 -- under 370 -- states even "intoxicated people would have the opportunity to drive away, with a designated driver"...

Exhibit 11 -- 1 of 5 -- A.2. "cooperator agrees to make a written report" -- Are there copies of these daily reports by Sheriff's dept.??

Exhibit 11 -- 2 of 5 -- #7. a #8. (mentions statements, for expenses...do we have those??)

Exhibit 11 -- 2 of 5 -- #11. (mentions communications -- do we have notes of logs??)

Exhibit 13 -- 2 of 3 -- James JEWEL -- Who is he, and is he some poor, manipulated person who the feds consider as a "source", an "informant" for the govt... a contact, forced into it by threat of law -- what was the resolution of his case...has he been contacted for a statement as to what was really said..??

Exhibit 15 -- 1 of 1 -- "officers may draw or display only when..." -- This could apply to showing their guns openly in the gathering...

Exhibit 16 -- Lyn Carpenter officially objects to roadblocks... (written reply? Other Permit? Randy Moore's deposition on the entire matter! contact with lincoln...original draft, signing of authorization, written contact with State Police, etc. -- his signature is on these documents..)

Left out of this whole discussion is the other Permit...the one presented to Council, by Lyn carpenter and Randy Moore

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they approached the Council, and presented a Permit, to be signed by Council, without informing Mr. Lincoln they were changing "legal rights for use" from Mr. Lincoln to Rainbow Council... I spoke at Council, and asked the question:"

How can Forest Service disavow Mr. Lincoln's "authorization" for use of the land area in question, without doing so formally (in writing etc) ..and doesn't F.S. have to do that before they offer Council a PERMIT?"- - an obvious technical question.

(F.S. resolves problems of "multiple use" through fair,"legal" management?)

Also, what "dangerous" situation? Could Lyn Carpenter be talking about the "excessive use of police power" causing the people to resist?

Exhibit 17 -- 1 of 2 -- Kim Thorsen indicates concern over Constitutionality of checkpoints... Ellen Hornstein's reply? ..Only in conversation or did she write this down?

Exhibit 18 -- 1 of 6 -- see: "June 12, 1430, Letter to adjacent landowners..." -- Do we have copy?

-- 2 of 6 -- (June 16, 1100) Deputy IC DuBois was at the 1991 Vermont Gathering part of the F.S. Incident Command status -- in addition was introduced as being Interpol -- was part of an action where an (innocent) van, full of people, was "taken down" by force of arms etc.

-- 2 of 6 -- (June 17) Mr. Lincoln signs application -- No time is given...

-- 3 of 6 -- (June 18, 1700) Mr. Lincoln signs permit a day later -- did Mr. Lincoln get paid by F.S. to stay over and meet with them again...?? -- also, wasn't this just the "draft permit" (Paul did not see final draft until after he got to Gathering.. June 26??) ..what legal status does"draft" permit have??... or the unsigned "final draft

-- 3 of 6 -- (June 20) Randy Moore signs permit... (was this the draft permit also? or different than what Mr. Lincoln signed??) -- Did F.S. have official operations at this point or later or earlier??

-- 3 of 6 -- (June 18, no time given) -- officer draws gun on woman with machete -- bruce maldonado?

This is the machete incident...where two officers, "off duty", with video camera and guns, come into gathering in pickup with Missouri plates, secretly taking videos... then, seeing a young woman with small son, walking along topless, ...first they make rude remarks and attempt to film her, to which she objects... then they threaten to detain her and they attempt a kidnapping, from within the gathering... without informing the woman they were police officers, they simply tell the woman to get in the car... fearing rape or worse, the woman picks up a machete and runs for her lifer hides out, ...then the officers identify themselves as such to folks in the area who ran up when the woman screamed for help... now showing badges, they intimidated the people, threatened their lives, then they threatened to bring full force of arms into the gathering (soapbox assembly) and do tent by tent search to find the woman... after that they leave... Later, Special Agents Mike Ashby (shift supervisor), and others, watch the video and see that what the woman said was true, issue some form of apology, etc...

The woman is pursuing this matter...(this is Rebecca, from Popcorn palace people). She was interviewed by Carla (audio tape), Brian Michaels, myself, others... plus I interviewed a number of witnesses who confirmed her story.... plus somewhere on record, are the complete reports of the incident...the person (officer) drawing the gun... without a doubt, this is where the record trail goes... There have Seen a number of other incidents like this throughout the years, where Police enter a gathering and provoke, by their arrogant ways, incidents... various Individuals have felt violated... long record of Rainbow Family Tribal Council, various volunteers, various individuals... have all called out to the Authorities, Courts, etc, to stop this open harassment... no other group is subjected to these kinds of abuses of power.

Where is all this information? -- ie, Federal documentation [Brian Michaels, individual volunteer liaison with the authorities, has some of this -- Rainbow perspectives and Authority response; plus more information concerning other incidents with the Feds and Police, for example: the Sheriff's scene with T.C... -- I am sure you have contacted Brian and are sharing the information... it is all Rainbow Shanti Sena stuff.] ...This is germane to Zoe's case: to show the arrogant abuses of power that "chills" Our Peoples' liberties... Zoe doesn't just fear some Forest Service Officer giving her a ticket for being nude in the National Forest... she fears "ABUSE by Authority".... nor is she simply "paranoid;" the history of ongoing abuses against us is very real... she fears losing her right to gather with others in full expression, full speech... a nude body is a form of free speech, at times...when a person is nude as part of their full expression of personal liberty, right to assemble for freedom of speech.... Consider: Anti-abortionists have the right to peaceably assemble to petition (protest) against what they see is wrong.

The Police have been issued specific instructions as to how to deal/handle these people; if the antibortionists start to cross the line, they are "out of order" and can be arrested, etc. However, the Police do not go into their lines and stir up trouble... that would be imposing, not order, but a message...as if the govt. were on one side or the other...

Likewise, individuals, groups like "ACT UP!" (for example) do many demonstrations, protests, petitions, etc... At times the Police have used their Power to Abuse "second city" culture tie: gay, lesbian, Bi- 6 supporters and friends)... There must be a series of cases that have established strict guidelines of Police conduct... What is needed is for the Courts to define Police conduct toward Peaceable Assemblies for purposes of Expression. Do Police have the Right to enter the peaceable assembly and "force" the people, peaceably assembled, to conform to the Police message -- the message conveyed by their presence, by their display of weapons, by their interference in People's rights to their forms of speech...(this cannot be emphasized enough) Exhibit 18 -- 5 of 6 -- (June 28) which locals are upset (by getting speeding tickets) -- any in writing??

Comments continued...

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