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
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. --
(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
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
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
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
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
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
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
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
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
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
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??
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