IaHUShUA!
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON



UNITED STATES OF AMERICA,    		)
				    Plaintiff,			)
									) Violation# F1379020
			v. 						)
									) MOTIONS TO DISMISS
									) (Oral Arguments and Evidentiary
									)  Hearing  Requested.)
BARRY ADAMS, AKA PLUNKER,		)
				Defendant,			)
 									)
									)

 

UNAUTHORIZED USE/OCCUPANCY OF NATIONAL FOREST SYSTEM LANDS
36 cfr  261.10 (k)

Defendant hereby Moves this Court For Orders to Dismiss the Citation against him for the following reasons. Oral Arguments and Hearing will take one to two days.

MOTION ONE

This Regulation is in violation of my Right to Creed under the First Amendment of the Constitution. It is unConstitutional on its face and as it applies to me as an Individual.

Only Jesus Christ and Nature have the Right to Call a Gathering Togather. Gathering is my spiritual Pilgrimage Home to New Jerusalem. The "permit" process is a way to oppress my right to my Creed. Alternatives means of communication and less restrictive means can be applied. It serves no significant governmental interest to force me to "bow" to the permit process.

MOTION TWO

This Regulation is in violation of my Right to Freedom of Speech/Expression under the First Amendment of the Constitution. It is unConstitutional on its face and as it applies to me as an Individual.

Each year, when it is feasible, I attend Gatherings, Assemblies, Faires, Festivals, which foster PEACE. At many of these Gatherings/Assemblies, there is littleor no Police presence. At Gatherings of the Tribes sponsored by Rainbow Family, there is an unusually high degree of Police presence. A literal 'Police State' is set up on the threshold of the Peaceable Assembly. Police parade in and out of the Peace Gathering, openly flashing their weapons. At times, they have driven their police cars onto meadows; meadows that Rainbow Family consider Sacred during the Gathering.

Also, I come to the Soapbox for Peace, i.e. Gathering, with no weapons, etc. This is out of Respect for an Expression of Peace, as lifestyle, belief, practice. The U.S. Forest Service comes in on 'our' shared Soapbox for Peace, imposing their will with 'their' Expression of Warfare, i.e. wearing weapons openly.

Also, in the Gathering, there is a Council Circle, wherein any and all Individuals, as long as they come in Peace, can share their own perspectives with any and all present. On July 5, 1988, Rainbow Family Tribal Council hired Attorney Larry Daves to represent individuals involved in the U.S. vs. Rainbow Family. Atty. Larry Daves filed for court fees and resigned. It was recognized by U.S. Federal Court, in Texas. Also at this council, Rainbow Family stated, "only Rainbow Family can speak for Rainbow Family, July 1-7, anyear, on the land, in the light of day." On July 5, 1994, Wyoming Gathering, in order to dissolve the 'appearance of representing' the Family, the Legallaision, individuals who volunteered to share legal information with the Family, was dissolved by consensus of council. 

On July 5, 1997, Indian Prairie Meadows, Oregon, there was no Rainbow Family Tribal Council of Our People in the open meadow; some of the reasons were because folks did not want theGovernment to determine that the few folks inthe Meadow represented all the other Individuals involved in the Gathering -- like myself, a volunteer for sacred or useful service to humanity and the Earth. When Government comes in and decides who is Council, who is Representative, who is Peace; then they Oppress my Right to come Openly to the Soapbox of Expression, the Gathering; my right to come to Center Circle and Speak among folks who will Listen in Respect and Peace. As long as the Government intrudes with their Abusive Power, 'Some Individuals will feel inhibited in their Speech/Expression. I move that this violation of my Right to Free Speech/Expression be stopped.

MOTION THREE

This regulation is in violation of my Right to Peaceably Assemble on Public Land for purposes of Expression. It is unConstitutional on its face and as it applies to me as an Individual under the First Amendment, Ninth Amendment, and Tenth Amendment.

Police Authority (Special Agents, Forest Service, etc.) have consistently blockaded and/or 'gauntleted' various Regional and Annual/international Gatherings. Under the guise of "checkpoints for traffic violations/alcohol/etc.," they threaten anyone who attends Gatherings with police terror tactics. This blocks ingress and egress to the Peaceable Assembly common grounds.

I seek Peaceable Assemblies. I have found that Practicing PeaceFare, Peaceably Assembling is good for my mental, physical, spiritual well-being. I need the affirming association with other individual People of similar Creed, religious belief, politicial beliefs, etc., who meet and discuss, face to face, the ways of the Earth and Sky. I seek Peaceable Assemblies in order to petition my Government, my country, for PEACE.

I need to meet with other individuals who may even disagree with my perspective on life or spirituality or the ways of the Earth. As long as we share a Common Ground - Peaceable Assembly - there is an opportunity for open and free debate of ideas. Many of the Individuals, who I consider to be my brothers and sister (ones I have met) who come Home to Gathering, are way different than I am about many things. Some are athiests, some agnostics, some Krishnas, Christians, Buddhists, nobodies, somebodies; folks from the city who understand technologies and like living inthe city, and folks who live on the land and love the land; folks who come from other countries, etc. Peaceable Assembly, Gathering: a Stew of Ideas, Expressions of Peace, the Joys inherent with a Good Gathering; music, song, dance, conversation, shared moments of goodwill, turbulent moments when problems arise. Gathering, to me, means shared serving of humankind and the Earth. Restore the Earth, Restore the People!

What the U.S. Forest Service wants is not to Stop the Gatherings, but to control the Gatherings. They want to have the Right to Come on to the Peaceable Assembly grounds, the Soapbox, and parade through the Gathering with their weapons, pushing their guns, their power and perhaps...perhaps, picking out a victim, taking the person down, with no one calling out "6-up! Guns in the Church!," with no objections by anyone in the Gathering, and leaving when they feel like it. They have tried this at many Gatherings. They want it to be their 'peaceable' assembly. They want to run the Gathering. I, among many other Individuals, will continue to Gather in Peace.


                    respectfully submitted, July 13, 1997,
                                                      Barry Adams, aka plunker, Pro Se
                                                      PO Box 8574 Msla Mt. 59807
                                                        (with co-counsel Attorney Brian Michaels)
                                                                                                  Eugene Ore.

Arguments and Articles in support of Motions are appended.