Today we are supposed to remember the people who sacrificed themselves for our freedom. We also need to remember freedom itself, including freedom of mobility, freedom to use your own property as you like so long as you don’t harm your neighbors, and freedom to dance in a memorial to Thomas Jefferson, himself a support of freedom of expression.
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This isn’t a specific problem with the Park Service; it is a general problem of giving government too much power. And that is what we should remember this Memorial Day.
I have heard of numerous instances of NPS personnel thuggishness. As far as the NPS is concerned, federal lands that they administer constitute a rights and Constitution-free zone.
I have over a decade of experience dealing with the NPS gestapo. I’ve written about a few episodes involving excessive use of force and corruption. I have many, many more stories that will fill pages of my half-completed book. LE rangers hiring female seasonals only because they sounded “hot” during the phone interview and then dating that subordinate after she was hired. Leaving loaded weapons on the floor of seasonal housing. Shooting first and asking questions later at Crater. Violating free speech by demanding “permits” (as if the First Amendment requires a permit to be exercised). Putting seasonal rangers in life-threatening situations because of all too cozy relationships with concessionaires. Paintball games at North Cascades that have no relevance to actual LE training and that injure seasonal LE rangers due to lack of safety equipment.
Shooting first and asking questions later at Crater
Could you elaborate on this? I have visited Crater Lake (I assume this is the park you’re referring to) several times and have had very little interaction with rangers, as opposed to other parks I’ve been to.
Demonstrations are not allowed there w/o permits. They were clearing demonstrating and provoking.
Now, I’m not against civil disobedience for something you believe in, and maybe not allowing dancing at the memorial is stupid.
Kokesh went to too far. Should have just left it at the couple getting arrested for dancing. People can see how dumb that law is.
The rest of the incident is resisting arrest and interfering with the duties of an officer. Oh noes, our freedoms are eroding by police officers upholding the laws!!111
DUH, the park rangers don’t make the F’ing laws. They were just doing their job. Go to the courts for that.
Actually it is a good law and necessary to keep the Jefferson Memorial from being taken over by vagrants, politicians and panhandlers. Protestors shouldn’t think they are First Amendment scholars unless they actually read and understand the thousands of pages of First Amendment court decisions.
In order for the Park Service to keep vagrants, politicians and panhandlers from taking over the monuments, they had to enact content-neutral time, place and manner regulations. They have to consistently enforce those regulations — i.e. not let law enforcement officers decide that dancing by certain nice clean white people is OK.
You never have the right to resist arrest by law enforcement, even an illegal arrest.
http://www2.americanbar.org/SCFJI/Lists/New%20Case%20Summaries/DispForm.aspx?ID=464
Plaintiff Oberwetter and sixteen others were “silently dancing†inside the rotunda of the Jefferson Memorial in celebration of Thomas Jefferson’s 265th birthday. After Oberwetter twice refused requests to stop, Park Police officers arrested her for “interfering with an agency function†and “demonstrating without a permit†in violation of the National Park Service Regulations, 36 C.F.R. § 7.96(g)(3)(ii)(C). The regulations defined demonstrations to include “picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct … the conduct of which has the effect, intent or propensity to draw a crowd or onlookers.†Oberwetter filed suit alleging that the regulations violated her First Amendment rights to free speech and assembly. She also brought Bivens claims against the arresting officer. The District Court for the District of Columbia dismissed Oberwetter’s complaint for failure to state a claim. The D.C. Circuit affirmed.
The D.C. Circuit found that Oberwetter’s “expressive dancing†was likely to draw onlookers and therefore fell within the Park Service regulation. Turning to whether the regulation could constitutionally be applied to bar Oberwetter’s conduct, the court noted that the key question was not whether she had the right to dance expressively, but whether she had the right to dance expressively within the Jefferson Memorial rotunda. To answer this question, the court employed “public forum†analysis. The court determined that, despite the fact that the monument is open to the public, it is a “nonpublic forum†because it has a “solemn commemorative purpose†incompatible with the full range of free expression. The court distinguished the case from United States v. Grace, 461 U.S. 171 (1983), in which the Supreme Court had determined that grounds surrounding the Supreme Court building were not a nonpublic forum, because physical characteristics of the Jefferson Memorial marked out a “distinct memorial space†clearly distinguishable from adjacent streets and sidewalks. The court noted that the regulation was “viewpoint neutral†and “reasonable†in light of the Park Service’s substantial interest in promoting a “tranquil environment†at national memorials. In light of the court’s determination that the Park Service had not violated Oberwetter’s constitutional rights, the D.C. Circuit affirmed dismissal of her claim for damages under Bivens.
From the WTOP Radio (CBS all-news radio station in Washington, D.C.) Web site comes this report:
Park Police investigating dancing arrests
Frank wrote:
I have over a decade of experience dealing with the NPS gestapo. I’ve written about a few episodes involving excessive use of force and corruption. I have many, many more stories that will fill pages of my half-completed book. LE rangers hiring female seasonals only because they sounded “hot†during the phone interview and then dating that subordinate after she was hired. Leaving loaded weapons on the floor of seasonal housing.
While the NPS lands in the District of Columbia and nearby counties and cities in Maryland and Virginia do have rangers (just like others all across the U.S.), law enforcement is generally not one of those duties.
Enforcement of the laws and regulations at places like the Jefferson Memorial is the responsibility of the United States Park Police, a federal law enforcement agency.
I don’t believe the USPP hires “seasonal” workers.
The USPP also works in certain other areas, including New York City and San Francisco.
More on the Crater Lake shooting. It also has some more details on the gestapo. Next time you go to a national park, better have your papers! And I don’t mean rolling papers. That’ll get you a felony, even if you have a license from the state in which you live. F the NPS gestapo. I spit on their polished shoes!
Previous post must have gone in the spam queue. The USPP are under DOI/NPS. Law enforcement (LE) rangers are also under the DOI/NPS. Other than the series number and urban vs. natural areas, there is little difference between the two. Both are part of the same government culture of unconstitutional search and seizure and STFU unless we permit you to not STFU.
I haven’t had any particularly bad experiences with NPS rangers, but they always strike me as arrogant and carrying a large chip on their shoulder.
Politicians are agendaists. And if a group that opposes your policy wants to express their freedoms or opinions on a place that may very well be a good spot for politicians to wave. Unlike petitions or debates which are typically quiet, protests or demonstrations are typically obnoxious. Even when one were to support the cause, I find these dances rather tedious.
Example: http://www.youtube.com/watch?v=2DX3lZ8peBU including 7:23
http://www.youtube.com/watch?v=_ELJt0vUBi4
http://www.youtube.com/watch?v=jz8F6v5NB8I
I like what the nicetourist lady said about them. when they we’re interviewed.
Protestors shouldn’t think they are First Amendment scholars unless they actually read and understand the thousands of pages of First Amendment court decisions.
What about arresting officers?
The court noted that the regulation was “viewpoint neutral†and “reasonable†in light of the Park Service’s substantial interest in promoting a “tranquil environment†at national memorials.
Only a lawyer could consider this regulation “reasonable” or “neutral”. I wonder how they would explain the officers kicking out the guy with the camera? Reasonable? Neutral? Or just another case of contempt of cop?
Why not oust the panhandlers, how many of them are really poor and how many of them are just a bunch of freeloaders.
http://www.youtube.com/watch?v=W_OzYaBb0s8
http://www.youtube.com/watch?v=krg5r6n0kr4
I sympathized with the dancers until…until I learned that this was a Code Pink stunt, and that the woman “dancing” is the affluent housewife/privileged laptop activist/would-be gangsta rapper seen in this chilling YouTube video:
http://www.youtube.com/watch?v=qUJYu6gtGW4
I have a feeling that once most of you watch the aforelinked rap video, you’ll be on the side of the Park Ranger dudes in a heartbeat.
As this new information came to light, I found myself wishing the Park Ranger guys would have gone Rodney King on the Code Pink activists.
I was watching the history channel. Once it talked about how easy it was to approach the White House before the security fence was put up. And how no one protested in front of it for the longest time. It wasn’t until the turn of the 20th century. Back then it was bad taste to protest at someones residence.
I don’t put to much heavy thought into why these people go there to demonstrate. The answer is simple……..Lots of people with differing sense of opinion. They want that audience and that attention. In truth whats wrong with dancing in front of the Jefferson Memorial. It may seem inappropriate for a place typically reserved for sollace and quiet reflection. I don’t think Jefferson will mind. Has anyone ever seen the documentary ”The Social Life of Small Urban Spaces” I found it.
http://vimeo.com/5298850
Pay close attention to 29:04 – 30:00
The National Park Service just apologized for their thuggery actions by law enforcement in Alaska.
http://www.bellinghamherald.com/2011/06/10/2053755/park-service-official-apologizes.html