A PUBLIC PETITION against Proposed Forest Service Rules

ThomasSecretary Mike Espy, USDA: SUMMER 1994
Chief Jack Ward Thomas, USFS: v.d

Sharing concern for common rights, we join in opposing U.S. Forest Service rules affecting 'Group Uses' and 'Law Enforcement' in our National Forests, as proposed to amend the Code of Federal Regulations and now pending under agency review:

• 'Group Use' Rules: 36 CFR 251/261 {Fed.Register 58:86; 5/6/93}
• 'Law Enforcement' Rules: 36 CFR 261/262 {Fed.Register 59:32; 2/16/94}

These rulemakings embody illegal government policies, which would...

• make it a crime to gather peaceably and exercise First Amendment rights without a government permit -- assuming authorities to deny citizen access to public lands;
• create unprecedented Agency powers of preemptive enforcement against 'possible' crimes, and of prior restraint upon freedoms of assembly, expression, and belief;
• fail to establish any 'significant interest' or need for new strictures beyond those already in-place for the protection of land and resources or public safety;
• violate provisions of the Administrative Procedure Act, National Environmental Policy Act, Comprehensive Crime Control Act, and Executive Orders 12291 & 12866;
• build on a legacy of harsh, selective law enforcement upon peaceful gatherings, contravening the Privacy and Equal Protection clauses of the Constitution.

Similar "Group Use" rulemakings were twice found unconstitutional by Federal Courts; the current proposal defies these rulings, and now would be combined with vastly expanded Federal 'Law Enforcement' authorities. This poses a dangerous precedent for wider misuse of government power in violation of First & Fourth Amendment freedoms.

We urge that these policies be abandoned now, in letter and spirit: As trustee for public lands, the Forest Service must support citizen access in balance with environmental goals. Where Consensus has proved a workable alternative to regulation, such 'least restrictive means' are mandated by common sense and by law.

The Agency should adopt a policy of cooperation and shared stewardship toward group assembly on National Forest lands, with maximum restraint in the application of law -- in accord with the constitutional, proprietary, and natural rights of the Public.

ENDORSED: Name Address

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