Addison v. Forest Service, 108 F. Supp.2d 1365 (M.D.Fla. 2000)
[M.Dist.Fla, Case No. 5:98-53-cv-Oc-10]
Background, Key Docs:::
The Florida gathering each February, usually in Ocala NF, was one of the bigger regional gatherings that evolved around the country in the 1990’s, and it already had a history of police hassles. In 1996 USFS-LEI conducted roadblocks in Osceola NF in conjunction with a civil suit against the “Rainbow Family, et al.”, in the first draconian enforcement of the newly enacted ‘Group Use’ permit regulation.
The following year they ramped it up in Ocala, with nearly 100 arrested and jailed from the Alexander Springs site — despite the “moratorium” on these tactics promised in the ‘Park’ case in Missouri, filed the previous summer.
We formed an impromptu ‘Ocala Defense Project’, focused on documenting the facts, getting people out of jail, and supporting them in court against phony charges. That was just the beginning of the fight…
It took a year to prepare a proper legal response: In Feb. 1998, when FS-LEI deployed roadblocks on the seed camp for the Ocala Gathering, this author joined with 2 co-plaintiffs and filed another ‘Rainbow Roadblock’ lawsuit at the federal court in Jacksonville.
Attendees had to endure another week of harassment while we awaited the hearing, but on 2/20/98 we won a Preliminary Injunction against the roadblocks while they were still going on — an unprecedented victory in court. We took the court’s Order to the site, presented it to the LEO’s and told them to get off the road (!):
Over the ensuing months the lead Plaintiff pro se worked with attorneys in Orlando and Kansas City to craft aggressive discovery requests and perfect the complaint. In Dec. ’98 our “Second Amended Complaint” was filed, putting a strong record before the court:
The Lake Co. & Marion Co. Sheriffs were named co-defendants with the Forest Service in this lawsuit. After intense negotiations with their lawyer, they pulled out of the case and agreed to a stipulated permanent injunction, which included the key language we demanded:
The Forest Service was then isolated and actually folded their hand in defense briefly — but then on orders from DC, the Asst. US Attorney reversed his position and filed a motion for summary judgment in early Feb. 2000. Now they claimed that roadblocks on NF roads were authorized under a new ‘National Checkpoint Policy’, enacted secretly by FS-LEI in Sept. ’98, in the face of 2 live lawsuits against such actions. This was done by simply amending the LE Handbook, without public notice or congressional approval. Previously they had no unilateral authority to conduct roadblocks and relied on local LE agencies for this power.
This is the standing policy, with no constitutional restraints or conditions upon police conduct:
There was subterfuge on the backside… one co-plaintiff conspired with others to highjack the ‘Ocala Defense Fund’ which I founded with a non-profit fiscal agent in 1997, and had pulled substantial donations to support our work. They illegally incorporated and ‘hired’ the attorney for both co-plaintiffs; when the Govt moved for summary judgment, he pulled them both out of the case, filing a senseless ‘voluntary dismissal’ in a clear conflict of interest.
This lead plaintiff pro se was left with no legal counsel in Florida, nor access to funds he had raised for just this purpose; he kept the case alive to sustain the Preliminary Injunction for the Ocala gathering in Feb. 2000, but he was unprepared to carry the proceedings alone. The ACLU of Florida was in disarray, wasted critical weeks of continuances then gave no help.
The Court’s default ruling in summary judgment finally came down on 7/20/00, dismissing the case as moot, without prejudice — upholding its declaratory findings that such roadblocks targeting the gatherings are unconstitutional, and inviting plaintiffs to return to court if such violations recur.
Further docs to be provided:::
Again — the full docket of pleadings & evidence in this civil case is on-file for reference, all available on request… to be uploaded in the near future, in the public interest.
(sca_14my19)