IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
|SCOTT C. ADDISON, DOUGLAS O'BRIEN, )
and ARJAY S. SUTTON,
The FOREST SERVICE of the United )
States Department of Agriculture; )
COUNTY OF MARION, FLORIDA;
and COUNTY OF LAKE, FLORIDA,
|Case No.: _____________
MOTION FOR TEMPORARY
EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
NOW COME the Plaintiffs in the above-captioned case, Scott C. Addison,
Douglas O'Brien, and Arjay S. Sutton, and move the Court to enjoin the
Defendants, the Forest Service of the United States Department of Agriculture,
the County of Marion (FL), and the County of Lake (FL) from establishing
roadblocks, "Safety Checks", or other enforcement tactics against participants
in public gatherings and other citizens traveling in and around Ocala National
Forest. Time is of the essence, as such enforcement actions are currently
TO ENJOIN AND PREVENT ROADBLOCKS AND OTHER ENFORCEMENT
TACTICS DETERRING PUBLIC ACCESS TO OCALA NATIONAL FORES
roadblocks related to public gatherings, which they have established within
or in the vicinity of the Ocala National Forest in Marion or Lake Counties,
or in other Florida counties within this District; (b) from targeting selective
enforcement and harassment upon individuals or perceived groups on the
basis of personal appearance, association, creed, or inferred affiliation;
and (c) from conducting any search or seizure of anyone in a vehicle in
that vicinity without individualized probable cause, individualized exigent
circumstances, or other proper and articulable individualized suspicion
Plaintiff Scott C. Addison was twice subjected to stops and searches by
Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala
National Forest) on February 7, 1998, en route westbound to an encampment
on FR 599A at 6 PM, and again with a dog search when leaving that encampment
at 7:30 PM.
By the location of the roadblock (on FR 599 at the junction of FR 562),
this action clearly targeted travelers on the only direct route to and
from the "599A Camp" less than a mile to the west, and intended to intimidate
and harass people staying or visiting at that Camp, on the presumed grounds
that some of these people were likely to participate in a public gathering
to commence in mid-February at a nearby Ocala National Forest site. Addison
requested written guidelines for the roadblock, and was refused.
Plaintiff Addison intends to participate in the aforementioned gathering
in exercise of First Amendment Rights of peaceable assembly, expression,
and prayer, and is distressed and deterred by the expectation that police
roadblocks and unwarranted stops, searches, seizures, and arrests of participants
will continue and intensify through its course.
Plaintiff Arjay S. Sutton was twice subjected to stops and searches by
Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala
National Forest) on February 6 and 7, 1998. On the first occasion Plaintiff
was stopped by a roadblock at 6 PM, at the junction of FR 599 and FR 599C,
approximately 2 miles from the 599A Camp. On the second occasion Plaintiff
Sutton was a passenger in the vehicle of Plaintiff Addison leaving that
encampment at 7:30 PM.
In addition, Plaintiff Sutton was subjected to stop and search on February
14 and 15, 1997, in conjunction with a public gather-ing near Alexander
Springs, Ocala NF. A roadblock was maintained by Defendant law enforcement
agencies at FR 552 and FR 544, on the only direct route to the gathering
site from the south. On the first occasion he was transporting several
hundred pounds of food supplies to the event, and had to resist a dog search
for reasons of public health.
Plaintiff Sutton intends to participate in the current gathering in
Ocala National Forest in exercise of First Amendment Rights of peaceable
assembly, expression, prayer, and in a spirit of public service. He is
intimidated personally and on behalf of others who might be deterred from
participating in a public gathering by police roadblocks and the threat
of unwarranted stops, searches, seizures, and arrests.
Plaintiff Douglas O'Brien was a participant in a public gathering in Ocala
National Forest in February 1997. En route to this event on February 22,
1997, he was subjected to stop and search at an roadblock maintained by
Defendant law enforcement agencies at the junction of FR 546 and FR 544,
the only direct access to the site from the north. The roadblocks and related
police actions between February 12 and February 24, 1997 resulted in the
arrest and incarceration of about ninety (90) known participants in that
gathering, and a climate of fear around this First Amendment event.
Plaintiff O'Brien was informed that interagency police roadblocks were
established again on February 6-7, 1998, and is deterred from entering
Ocala National Forest for any purpose, for fear of being personally profiled
and targeted for selective enforcement.
Plaintiffs move the Court to issue a Temporary Restraining Order against
Defendant Law Enforcement agencies and their affiliates, to cease and desist,
and be prevented from instituting roadblocks, "Safety Checks", unreasonable
searches and seizures, and other forms of selective harassment under color
of law. There is need for immediate relief due to the public gathering
now commencing at Juniper Prairie, and the chilling effect of such actions
upon the Plaintiffs, participants, and citizens at-large within and near
Ocala National Forest.
Plaintiffs have suffered fear and emotional distress, and are damaged in
their rights to associate freely with others, to assemble peaceably, and
to engage in expression and prayer distinctive to consensual gatherings
on common ground.
Plaintiffs are further damaged in their rights to travel within and
through Ocala National Forest, and to enter and enjoy National Forest lands
without fear of harassment, intimidation with guns and threat of violence,
and legal jeopardy.
Unless restrained by this Court, the Defendants will continue to subject
the Plaintiffs, other gathering participants, and random citizens at-large
to systematic violation of these rights, and others retained by citizens.
Plaintiffs stand in imminent harm with no other remedy at law, and seek
redress under the protections of the First, Fourth, and Ninth Amendments
to the United States Constitution, as made applicable to Defendants by
the due process clause of the Fourteenth Amendment thereto; of Sections
701, 702, 703, and 706(2)(b) of Title 5 of the United States Code; of Sections
2201, 2202, and 2412 of Title 28 of the United States Code; and of Sections
1983 and 1988 of Title 42 of the United States Code.
The public interest will be served by the issuance of this Temporary Restraining
Order in that law enforcement officials are not following the rules set
forth by State and Federal Courts on the establishment of roadblocks. Both
Florida and United States Courts require that any agency establishing a
roadblock may not utilize such roadblocks, whether they are called "Safety
Checks", "Checkpoints", etc., for selective enforcement.
As this suit is being filed pro se by Plaintiffs currently suffering
harm, it is necessary that the Court issue its decision without Notice,
which would not constrain or harm Defendant agencies in legitimate enforcement
The Federal Courts have the obligation to protect the Public Good; should
this illegal action be allowed to continue, the public at-large will suffer
WHEREFORE the Plaintiffs respectfully request that this Court award to
them and against each of the Defendants:
A Temporary Restraining Order on an emergency basis, enjoining each of
the Defendants as well as their officers, agents, servants, employees,
attorneys, and others acting in concert with them (a) from continuing to
conduct the police
B. Such other and further relief as this Court may deem just and proper.
Scott C. Addison, pro se Date
Douglas O'Brien, pro se Date
Arjay S. Sutton, pro se Date
CERTIFICATION OF SERVICE
I hereby certify that copies of this Motion were served upon the Defendants
U.S. FOREST SERVICE, MARION COUNTY (FL), and LAKE COUNTY (FL) by certified
mail and fax transmittal.
Attested: _________________________________ _______________
Scott C. Addison Date