PREAMBLE:
The 2025 vision counsel in Missouri included upstate New York in its consensus for the following year. But scouts could find no suitable large sites there, so the 2026 Annual Rainbow Gathering was destined to return to Allegheny National Forest in western Pennsylvania.
With a history of harmonious ANF gatherings in 1986, 1999 & 2010 (despite the cops), it was hoped to continue that legacy. Notably in 2010, the Forest Supervisor wisely waived the permit demand and issued an Operating Plan for that “Peaceful Assembly”, and it worked fine.
However in the wake of official hostilities re-escalated in recent years, and gatherings declared illegal since 2017, there was cause for concern, and a widespread wish that cooler agency heads would prevail this year in Pennsylvania. In early June, PCU•Free Assembly Project sent a candid policy appeal to the new ANF Supervisor and District Rangers: “Rainbow Gathering co-Operating Plan” (6/4/26).
Unfortunately those heads were not cool, and apparently they had contrarian orders from Incident Command: When early gatherers convened for ‘Spring Counsel’ to agree on the best site, the Bradford District Ranger showed up. They requested an Operating Plan to authorize to gathering, and he refused, doubling down on the permit demand – then declaring it an “Unauthorized Incident”, and police ‘harassles’ cranked up around the site (of course).
So some wily gents decided to raise the stakes – submitting individual volunteer applications (OF301a) adapted to request ‘special use’ authorization by Operating Plan for their assembly, and proposing to assist. This followed the model that succeeded in this purpose, and got an OpPlan for the Vermont regional gathering in August 2022.
But it did not work this time: Their proposals were promptly Denied – so three of them scrambled to Erie and Sued the Feds, precisely as the rules allow. 36 CFR 251.54(g)(3)(iii).
Filed July 2, 2026: Chandler, et al. v. U.S. Forest Service, et al.
Case # 1:26-cv-166 (Western Dist. PA, Erie Division).
Named as Defendants in their official capacities – the Forest Supervisor, District Ranger, and Incident Commander. (Suing the Guvmint for violating 1st Amendment rights… what more patriotic way to celebrate the 4th of July?)
The story went out in a public info release on July 17, more fully explaining the inception and logic of this civil case:
“Lawsuit against USFS Regs filed in Pennsylvania”. [PDF version]
‘CHANDLER’ CASE RECORD:
Note: Linked case documents are either •PDF scans as entered in the Federal Court’s “ECF” (PACER) system online, or _original PDF text or image documents as-filed – clearer, trimmer, in-color or allowing text-selection for scholarly review, identical in content.
Docket Sheet ___(Filings & Court entries, updated: 10/23/26)
Date Filed Docket # –– Description (link)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7/2/26 1_Complaint for First Amendment Rights Violations
… 1-1 Civil Cover Sheet
… 1-2 Plaintiff Declarations
… 1-3 dChandler VolApp
… 1-4 dWirtshafter VolCorr
… 1-5 NGU App & Permit (FS-2700-3b)
… 1-6 Volunteer Svce Agrmt (OF301a)
… 1-7 Rainbow OpPlan-mi 1983
… 1-8 Rainbow OpPlan-pa 2010
… 1-9 Sedlacko v. Law- Order (July 2011)
… 1-10 Petition to Amend FS Regs (June 2018)
… 1-11 Petition to Amend, Renewed (Sept. 2021)
… 1-12 USDA Denial of Petition (March 2022)
7/2/26 2_ Motion for Temporary Restraining Order
7/2/26 3_ Brief in Support of TRO Motion
… 3-1 pcu•FAP Ltr to ANF (4jn26)
… 3-2 Waterline Theft Report-FB (17jn26)
… 3-3 jBurt VolApp-VT Gathering (18au22)
… 3-4 VT OpPlan-Texas Meadows (Aug.’22)
7/2/26 4 •Memorandum Order: TRO Denied
8/28/26 5 •Entry of Appearance-usAtty
9/17/26 6 •Proofs of Svce – Hatfield, Skaggs+FS
10/6/26 8 •Proof of Svce – Heiar
10/6/26 9 •Notice of Co-Plaintiffs’ Withdrawal
… 9-1 Certificate of Svce-1oc26
10/6/26 10 TEXT ORDER: Dismiss Co-Plaintiffs (see Docket––^)
10/8/26 12_ Request to Correct & Supplement Exhibits
… 12-4_dWirtshafter VolAgrmt-22jn26
… 12-5_dWirtshafter 2eM Denials-24jn26
… 12-6_SaulT+Gray VolApps Denied-24jn26
… 12-7_Rainbow Site Restriction Maps (fb-19jn26)
… 12-8_LateNight LEO Camp Raid (fb-20jn26)
… 12-9_Tyler Arrest (fb-24jn26)
… 12-10_DelPiano Affidavit-HeliFlights (8se26sg)
10/8/26 13_ Pltf’s Affirmed Compliance & Response to Court Order
10/15/26 14 •Deft Motion for Extension re: Answer
10/16/26 15 TEXT ORDER OF CLARIFICATION re: #13, TRO (see Docket––^)
10/16/26 16 TEXT ORDER: #12 Granted re: Exhibits (see Docket––^)
10/16/26 17 •ORDER: #14 Extension Granted, Answer due 11/18/26