1988 Texas Court Case

695 F.Supp. 294 (Cite as: 695 F.Supp. 294)
UNITED STATES of America, Plaintiff,
v.
The RAINBOW FAMILY, also known as the Rainbow Nation, et al., Defendants.
Civ. A. No. L8868CA.
United States District Court,
E.D. Texas,
Tyler Division.
June 1, 1988.

Section Headers

The United States sought preliminary injunction against association and its members, prohibiting them in any way from preparing for, or attending, or participating in any gathering of 25 or more persons in any National Forest in the state of Texas unless they applied for and obtained special use permit from Forest Service. After receiving report and recommendations from magistrate, the District Court, Justice, Chief Judge, held that: (1) interim special use permit regulations had not been validly adopted, and (2) special use permit regulations violated First Amendment to extent they distinguished between expressive conduct, such as that at issue here, and other forms of group activity in National Forest, and to extent they did not provide objective and narrowly drawn standards for issuance or denial of permits for expressive activity. Motion for preliminary injunction denied. See also, 695 F.Supp. 314.

[1] ASSOCIATIONS k1

[2] FEDERAL CIVIL PROCEDURE k441

[3] FEDERAL CIVIL PROCEDURE k181

[4] ADMINISTRATIVE LAW AND PROCEDURE k394

[4] ADMINISTRATIVE LAW AND PROCEDURE k408

[4] WOODS AND FORESTS k8

[5] WOODS AND FORESTS k8

[6] CONSTITUTIONAL LAW k84.5(11)

[6] CONSTITUTIONAL LAW k90.1(4)

[6] CONSTITUTIONAL LAW k91

[6] UNITED STATES k57

[7] CONSTITUTIONAL LAW k90.1(4)

[7] UNITED STATES k57

[8] CONSTITUTIONAL LAW k48(4.1)

[9] CONSTITUTIONAL LAW k90.1(4)

[9] UNITED STATES k57

[10] ADMINISTRATIVE LAW AND PROCEDURE k412.1

[11] CIVIL RIGHTS k268

I.

II.

III.

IV.

FN1.

A. The Special Use Permit Regulations

B. Applicability of the Regulations

C. Validity of the Interim Rule Adoption

D. Constitutionality of the Special Use Permit Regulations

FN2.

FN3.

FN4.

FN5.

FN6.

E. Plaintiff's Remedy at Law

FN7.

Conclusion