IaHUShUA!
"To Seek out that which was Lost..."

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I. Arguments in support of Motions:

MOTION  ONE

This Regulation is unConstitutional on its Face and as it applies to me as an Individual. It obstructs and hinders my Creed, spiritual/religious practices, which are protected by the First Amendment of the Constitution of the United States.

"At the intersection of Government Authority and Religious Freedom, where should the "Stop" signs go?  This question of political engineering has bedeviled courts, legislatures and Congress since the country began. That it is still causing trouble was demonstrated last month when the Supreme Court rejected the Religious Freedom Restoration Act" (Article A: Oregonian, Editorial, July 10, 1997). "Justice Sandra  Day O'Conner, who dissented,...(wrote), 'Contrary to the court's holding in that case, the free exercise clause is not simply an antidiscrimination principle that protects only against those laws that single out religious practice for unfavorable treatment. Rather the clause is best understood as an affirmative guarantee of the right to participate in religious practices and conduct without impermissible governmental interference, even when such conduct conflicts with a neutral, generally applicable law'"(U.S. Supreme Court, Boerne v. Archdiocese of Texas, Justice O'Conner, Dissenting Opinion, June 27, 1997).

I submit this memorandum of  dismissal  in support of my Oral presentation given in unsworn testimony, before the Court at my arraignment.

My CREED, and spiritual/religious practices, are hereby witnessed again as follows:

I was honorably discharged from U.S. Navy, out of the VietNam War, September 26, 1966. In San Francisco, California, I met "street people" who believed they " loved everyone and everything;" they proclaimed love of all Creation!. They, among others, believed in the essential relationship of all Humankind as spiritual brothers and sisters!

This Concept of Love, Common Family , came to be called "Flower Children." This fledgling Tribe of Individuals loudly and colorfully proclaimed their Relationship throughout the Known World. In return, the World began to call these People "Hippies!"

Years later, I came to understand that the word "hippies" can be spelled this Way: "HIPeyes"; meaning, "Humanely Interested People (with) Friendly Eyes." Hippies = People with Friendly eyes!

This Tribe of Individuals held a "Human Be-In," January 17, 1967.  This was a Peaceable Assembly, an Expression of Peace (Adams, Barry, "Where Have All the Flower Children Gone?, 1988). The practice of coming to-gather in our humanity; with diversity, peace, and tolerance, has been with our people ever since. The belief that this is Good, for us as individuals And for the world's healing, is a basic part of  People's Creed.

I understood that the key to the Ideal, the true Spiritual Relationship of All People, rests Entirely in the Imagination! I Understand and Witness in Jesus Christ the essential Nature of all People as Being Spiritual Family!

When the Rainbow Family was formed in the Imagination of the People, it was at Vortex I, September 1970, on the Clackamus River. It was a PEACE Festival - "a biodegradable Festival of Life."  Thousands of People helped contribute to this Peaceable Assembly, including Governor Tom McCall, who spoke for Vortex I, enabling it to happen. At Vortex I, a name was given to embody all the different Tribes, Families, communes, individuals, who joined in Peace Togather --this name was/is "Rainbow Family." The folks who cleaned up Vortex I, i.e. the janitors, left Vortex I flying the Rainbow Colors -- an all-inclusive Tribe of Individuals. (Source: Rainbow Oracle: How to Blow Minds and Influence People!, 1971.)

I am an Individual, who practices a lifestyle, a "system of belief,"or Creed. I practice a  Creed wherein I witness, in Jesus Christ,  to "chop wood, carry water," to perform (karma yoga) faithful service to All My Relations! I feel it is my spiritual/religious duty to 'take up a cross and walk with ..."; i.e. to Do service for Humankind, "unto the least creature in the (kingdom)," or in the "home." I have a spiritual duty to pilgrimage home to New Jerusalem; to further and nurture the Spiritual Family of Creation!

I wrote in 1971, "Wherever grass grows, wind blows, sun shines, these do upon Natural Children of God, Natural children of Humankind and my Natural Spiritual Brother or Sister!" (Source: "New Jerusalem, Mandala city for all People!", Barry Adams, c. 1971).

In 1971, I wrote the Invitation to the World Family Gathering, sponsored by the Rainbow Family (Article B: Invitation to Gathering). I believe I wrote this "in the Spirit;" ie that the Spirit of Jesus Christ wrote this through me.

I have maintained and practiced these beliefs for over thirty  years. The practice of Gathering fulfills my spiritual life. There is no substitute for this practice. The free and open nature of the gatherings, on common ground where all are equally and rightfully present, allowing for natural spontaneity and creativity, is the only way that I have found to fully honor and respect ALL of HUMANITY and CREATION. This Creed and practice, and a legal perspective of the HipStory of the Gathering  is further explained in a paper I wrote last year (Article C: Creative Philosophy and Sociology of the Law of Peace, Adams, Barry, 1996).

MOTION TWO

    The regulation cited in this case is unConstitutional on its face and as it applies to me as an individual because it violates Freedom of Expression, which is protected by the First Amendment of the Constitution of the United States.

This regulation was put into effect in 1993. However, I have faced similar regulations since 1972; i.e. no campng without a permit (also 1980, West Virginia); and in the first 36 cfr 261 (1984) which restricted "peaceable assembly for purposes of expression on public lands"(declared unConstitutional in 1986, U.S. vs. Israel, Arizona); and in 1988 in Texas. 

In the Texas case, U.S. v. Barry Adams , Justice Justice ruled that I have the Constitutional right to Gather. In that granting of my Constitutional Right the Justice stipulated (incorrectly - based on available information/understanding) "(that) any one representative of the Class known as Rainbow Family could sign a permit for me. This violates my Right to choose how to practice my (religious) Creed.

As an example, U.S. Forest Service in 1996, Missouri, had an Individual of a specific religious doctrine different than my own, sign a Permit (Authorization), for the Rainbow Family, however the Permit was written out to the "Church of the Composters and Composers of the ...." This Individual, separate and distinct from me, as much as a Buddhist is from a  Christian, somehow signed me up in his church, with the help of several U.S. Forest Service personnel including, a top Attorney, in the Region 9 office in Milwaukee; and somehow represented me, in such a way as to hold me responsible for whatever may take place at a Peaceable Assembly of thousands of individuals who come to Express in their own Ways, Acts of Peace and Kindness.

I am an avowed Spiritual Anarchist: I believe completely, with utter faith, that there is no "hierarchy in heaven or earth". How then is it, that the U.S. Forest Service, can force me somewhow , through this regulation to bow before the personal belief of some other person. I bow only to the Great Spirit, Jesus Christ, called Iahushua by some, and I believe that only Jesus Christ and the Nature of the Earth, can Call (permit) a Gathering Together.

This year, 1997, at Indian Prairie, Oregon, I was given a violation notice for "unlawful use/occupancy of national forest systems lands"; rather I should have been charged, if at all, with "peaceable assembly on public lands for purposes of expression", because that is the action I am currently engaged, note: right now, I am engaged in volunteer efforts to Restore the Gathering Site, this legal work is Restoration on my Rights, and if I win, this will help to Restore the Rights of the People to Peaceably Assemble. This violation oppresses my Freedom of Peaceable Assembly on Public lands for purposes of Expression."  I was in the Act, engaged in my personal practice of my Creed -- my spiritual/religious faith and elbow grease -- of Expressing the Spiritual relationship and unity of humankind and nature, in Peace. I was on the Soapbox of Peace, with like-minded people, far from other people who might be bothered by this.

I, as an Individual, came to Indian prairie, loved it. In my Mind's eye, I thought I saw the People of Peace, of many cultures, colors, differing perspectives on life, etc, who come togather, whoever those indivudals, for this year may be -- I, indeed no one, not one single person knows who will come, or how much responsibility they will take for looking after the needs of the Gathering. No one, not any single Individual, can state that they could know how each and every single Indivudal can/will Act during a Gathering. The spirit of Giving inspires and provides.

In Texas, 1988, before Federal Magistrate, I was asked, by Federal prosecutors, "When you tell someone what to do at a Rainbow Gathering...' I interrupted to say "We/I ask folks to do things at a Gathering." Prosecutor, "When you ask someone to something, at a Gathering, and they say they are gonna do it, don't you expect them to do it?" My answer was, "No." Because something might happen betwixt folks saying what they would do and them doing it.

In Texas, 1988, I was asked about an article inthe Encyclopeodia of Religions, which stated that the Rainbow Family was conceptualized in the mind of the Reverend Barry Adams... My reply was, "In my faith, I believe the Rainbow Family was conceptualized in the mind of Jesus Christ." In my faith there are no leaders, no followers. In my Creed, everyone who comes to a Gathering, if they will, are Individually responsible for whatever happens, at the Gathering. Everyone is Shanti Sena: Peace Scenes (peacekeepers).

Some folks, Individuals, come to the Gathering, only to be there, for the Expression of Peace...some come for  friendship, some come to dig shitters (slit trenches), park cars, talk on CB's, Welcome People Home to the Gathering, where they can join in and Be Family and/or simply Be onthe common Ground, wherein they are Respected, as an Individual. Some come and recognize the Mythology - Creed - Spiritual Ideal, that "anyone with a belly button is Family", all 5 billion souls onthe Earth are spiritually related and in a Family.

Everyone is Responsible and No one person is the only one responsible and  any one who recognizes the Relationship will treat one another as brother and sister, not as leader or follower, or preacher or converter, or priest or politician, but rather as brother or sister.

And who is Spartacus?  In the 50's and 60's,  a great joining of  People of many races, cultures, colors, took place: out of an urge for freedom and peace, came the civil rights movement and the anti-war movement and the peace movement.  Who was the person responsible for the joining of the People under the Liberty Tree in Philadelphia?, Or at the Liberty Tree at the Gathering? Who was responsible for the joining of the People in Peaceable Assembly in Selma, or Little Rock? Was it a who at all, or was it a generational Cry for Justice, Equality, Truth, and Freedom?!.

Who is or could be responsible for the concept of God, or sign a permit for God to gather with People. How can it be claimed "Out of the Myth, Out of the Belief, Out of the Creed" some one person is singled Out (Prosecutor asking the Court to not allow these charged Individuals to Return to the Gathering? My argument: "no significant governmental interest is served by stopping me from my spiritual pilgrimage, to my Homeland of New Jerusalem, etc."

Who is responsible for the concept of  Peaceable Assembly, on public land, for purpose of expression, with Individuals, giving and receiving as they will? Perhaps it started with  Jesus in the Gathering on the Mount - sharing loaves and fishes; and/or Dr. Martin Luthur King expressing in the "I have a Dream" speech the outpouring of  the longing of millions of People all over the Earth! Or perhaps on Boston Commons in 1775, when Colonists Gathered to Petition the King: [with weapons: "a shot rang out that was heard all over the world" -- hence the First Amendment states "peaceable assembly"]; and/or when the"sons and Daughters of Liberty" gathered under the Liberty Tree in Philadelphia; and/or when Helen Gurley Flynn, I.W.W., stood on a Soapbox beginning the Free speech movement, Missoula, Montana. Who is Spartacus? -- Any Individual who steps on the Soapbox: Who Speaks, Stands, Expresses, Assembles for 

Uhuru (Freedom) is Spartacus. I am Spartacus!


MOTION THREE

The regulation cited in this case is unConstitutional on its Face  and as it applies to me as an Individual, because it violates the Right to Peaceable Assembly, guaranteed by the First , Ninth, and Tenth Amendments of the Constitution of the United States.

I  have for all these years, accorded the Government of the United States and the other Governments of the World their due Respect. I Agree with the principle that those Powers not reserved to the Federal, nor tothe States, are held to the People . The Right to Peaceable Assembly on Public lands for Purposes of Expression  is an appropriate use of  Public Land. A Peaceable Assembly on Public lands for Purposes of Expression is  a Private Gathering, Open to the Public, held on Public land. It is up to the People to decide how to Peaceably Assemble, if their Expressed purpose is Peaceable Assembly. In this case Peace is both the way of Gathering/assembling and the Expression of the Soapbox. As long as someone comes and Respects the Peace, each and every single individual is invited to share this Common Ground, this Peaceable Assembly.

Persons with weapons are not what Peaceable Assemblies are about. To wear a weapon (gun) is a  sign of disrespect (warfare). At Peaceable Assemblies individuals practice Peacefare. "I will make War no more!"  In order to have the fullest Expression of Peace, 'No Weapons' is a Responsible Action of Respect.

Gatherings, in my Creed, are called not by men or women, but by the Great Spirit, Jesus Christ (by a thousand and one names) and by the Earth itself, who I believe to be a living, breathing part of Creation.

I believe that if the U.S. Government forces me to accept there stated objective, to permit or not to permit, to authorize or not to authorize, it places my beliefs in direct subjugation to the will of a temporal State or Nation.

The Government does not herein use the "least restrictve means" or "alternative means of communications," and it serves "no significant governmental interest," or "compelling justification" for governmental action/interference against people of a certain Creed or practice of Faith.  Individuals, retaining their individuality, can come to a Peaceable Assembly  without having to join anything, or anyone, or expouse someone else's point of view or even to having to listen or join with someone else's point of view or action -- unless they as an individual, moment to moment, choice to choice, can of their own free will and purpose join someone else in a conversation, an action, acts of service, or prayer, or petition, or just plain Hang out and Be! (Rainbow poetry - Diamond Dave).

This year, another subterfuge was undertaken by the Forest Service, to subvert the First Amendment and violate my right to due process.  Forest Service, through intimidation and terror tactics, induced a woman, Aleta Girrard (sp?), to sign a permit on behalf of the Rainbow Family of Living Light. In effect, this forced me to become an Outlaw, by forcing me to Gather on the same Public Land, as this permittee (similar to last year). Therefore, without her permission, I am actively, publicly trespassing on someone else's permitted Public land, doing Peaceable Assembly, Gathering, being Home in New Jerusalem with my  brothers and sisters of a Common Creed, i.e. Rainbow Family; while the permittee, who I have never met, at some point came and gathered with whoever she gathered, as permittee, at the same public land area. 

I wonder who would be liable if the clean-up and restoration were not done? Or if someone had a fatal accident, or someone decided to sue the Permittee? -How could they sue me, and/or numerous thousands of other People?  I am not a member of the Rainbow Family, any more than I am a member of God. I remember God and/or I Gather with God, and/or I Gather with Rainbow Family.

I did not, nor do I, accept this woman's signing for all 5 billion or so People on the Earth, let alone me. It is much the same way as someone signing on behalf of God. In the Morning Star case, in 1967, the Judge ruled that "God is a Spiritual Being, therefore God cannot own land in California" (Lou Gottlieb,  Morning Star , deeded  land to God).

I really don't know what legal complications would happen if she had decided to move all of the Individuals Gathered on the same land, off her permitted Public land area. Would the court rule she had the Right to Evict a Peaceable Assembly? - The Gathering of Peace was several thousand People before any permit was signed. Would she, as permittee have legal Right over an entire Peaceable Assembly, without anyone but the U.S. Forest Service agreeing with her? Who would the Court grant actual legal rights to if this permittee were to demand her legal right of permit?

Regardless of whatever any Court may rule, Rainbow Family, Rainbow Family of Living Light, etc., are a Spiritual/Mythological People. And there is even a debate, among  Spiritual People , as expressed in a book called "Rainbow Family Tribe", that folks who Gather in the woods, in the nude, and who use herbs, like marijuana and/or peyote, mushrooms, etc. for sacrament, and/or who allow people to gather with them who do these things -- are not actually Rainbow Family.  Rather they are somebody else (see book, Rainbow Family Tribe).

This year, on July 5th, there was no council circle in the open meadow of the Rainbow Family. From my perspective, the Family Gathered at Home, either because they were content and/or too busy Gathering.  Individuals all over the Gathering went on Living their personal Consensus of peace and goodwill.  Individuals went on living their personal consensus of gathering in peace with the Earth, living lightly on the land, looking after the health and sanitation; even though no Operating Plan was consensed to and no permit was consensed to; and even though an individual had a permit for the place, and/or thought that she could sign for everyone. 

In Rainbow Family, a shared Creed, certain customs are tolerated/accepted by all in common consensus: Anyone who comes in Peace is Welcomed Home. In "Rainbow Family Creed," each Individual lives his/her own Consensus. As long as they keep the Common consensus of Peaceable Assembly, they are accepted wholly as a trusted brother or sister. "Rainbow Way" is: If you as an Individual come Home, Gather -- either to hang out and be and/or to join in service as a volunteer -- you are accepted as Family.

This Creed is shared in differing ways among many cultures and peoples: Gathering is Open and Free to All who come Home. No one can sign for me, even if they wanted too. No one can sign me up to be responsible simply because I have a Creed that accepts them as my 'spiritual brother or sister." This does not entitles them to govern my will and/or to entrap me in their own beliefs; rather, being a spiritual brother or sister entitles them to receive my good will, intentions,  prayers, service, etc.  I may dig shitters or work at 'Welcome Home' as volunteer, but this does not entitle any one to my property or my good name, nor should it allow any one to entrap me in someone else's legal contract with the U.S. Forest Service -- whose "permission" I find to be spiritually and politically abhorrent.

Why, after all these years, is the U.S. Forest Service continuing to hassle me and this Creed: Rainbow Family, brothers and sisters who have consistently gathered in Peaceable Assembly for 26 Gatherings. I see this entire Permit process as a way for the U.S. Forest Service, various employees, etc., and/or other elements in Government to Punish myself, among others, for our simple Creed.

  I believe if I gather with other Individuals, Openly and Freely, in Peace on common ground, on public land, in the U.S. (among other lands and places on the Earth),
that this Peaceable Assembly of like-minded individuals advances the cause of Peace on Earth, goodwill to All people.

  I believe, because of actions against myself personally, and against the People gathered in Peaceable Assembly as a Soapbox for Expression of Peace; that over the years, the U.S. Forest Service, in the person of various employees, agents, etc., have acted from  personal vendettas against us Hippies. These government agents have worked to Suppress, Stop and/or Control, Oppress, etc, the Peaceable Assemblies of the Rainbow Family Creed, Hippie Creed, and/or like-minded folks of similar nature. Spiritual Peaceable Assemblies of the Rainbow People/Rainbow Family are the targets of selectively enforced Police Powers, precisely because they are Peaceable Assemblies of Individuals.


II. Articles of Information:
A. "Religion and the Law," The Register-Guard, Eugene, Oregon; Editorial, p. 14A (July 10, 1997).
B. Invitation to Gathering, 1997 version, as presented by WEEP.
C.
Creative Philosophy and Sociology of the Law of Peace, Adams, Barry (1996).

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