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Rainbow Family Gathering 2004



West Viginia 2005 Gathering
Spring Council Location UPDATES: JUNE 11, 2004

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Rainbow Family Gathering 2004

At 12:25 on June 10th, 2004, Spring Circle, sitting on the land at Dry Creek Campground consensed to use Bear Camp Flat (near Likely, CA) for the 2004 Gathering.

The current weather at Bear Camp Flat is very cold and raining. Please, anyone considering coming home at this time, be prepared, good shelter, warm clothes and adequate foot wear.

If you're flying to the gathering, Reno, Nevada is your best bet.

******************** DIRECTIONS ******************


UPDATE: JUNE 13: Latest Local INFO:




better way in for the time being (before logging takes place along hyw 64)...

The Road in.... is Hwy 64 from Likely, (Hwy 395) go approx 29 miles to Bearcat Flat, Homestead Meadows

This Site is ... in fact the Front Gate AND Parking Lot , some Bus Village is exactly the same place as 1984... In that YEAR, 1984, the Family split and one set went to Mill Creek (near Wilderness) and the other (larger) set went uphill to CAMP ONE...

this Site with Water, Meadows, and reasonable less than mile walk in access is BETWEEN THE TWO, and this should bring the Family together...

Diamond Dave has a list of Pit River People and other Tribes... I have called (as an individual, in respect) and stated that Gathering is in this area and asked these folks to stop in at Gathering and express their issues and concerns...

Public health for Modoc County have yet to be contacted, hopefully, someone will do so soon... from phones i.e. Dr. Jimbo etc.. and then please contact Site...

Tom Contreras, District Ranger Edie... and Forest Supervisor Stan.... all came out to Front gate and began working with Gatherers on parking, logistics etc... GOOD Peaceful Relations...

Monday the I.C. Team, i.e. I.C. Tim Linn and Ann Melle, et al. will be coming in... Relations could (often do change - as we all know)...

Front Gate, is fine when I left... was on it for days (prior to consensus) set up with others, contemplated issues... prayed etc...

there are a number of roads into Site, which have been creatively closed by Gatherers... and FS, for now, have agreed to these restrictions -- for all the reasons which were sent out the other day... (by sue, from me etc...)

love you all, outa be good year.. many of the local people, merchants, and Deputy sheriffs etc... were at the Gathering 1984... and are glad Gathering came again....


From Reno Nevada, take Highway 395 North.

Continue North on Hwy 395 to Lassen County and the town of Madeline.

From Madeline, go east on Blue Lake road to Patterson-Sawmill road (Long Valley road) follow signs to Patterson Meadow, continue eastward to Homestead Meadow (parking area).

Welcome Home!!! There is also a suggestion to avoid county Rd 64, out of Likely, which is loaded with logging trucks, and could be accident prone.

There are some cool links to maps and photos of the site at


RAP 107
Gathering Consciousness

Please protect this Beautiful Land.

Walk softly. Respect this land and every person. Harm no living thing. Harmonize - Blend in - Cooperate. Use only down, dead wood. Cut no living trees. Share community fireplaces and circles. Preserve the in the Woods. We are caretakers of this land.

Everyone sharing makes a strong Human Tribe!

Please Protect WATER Sources by staying OUT of DELICATE spring areas. Use established trails and creek crossings. Remember, fish and wildlife use these places too! Leash dogs. Avoid camping, peeing, washing above spring areas. Keep ALL soap and food out of streams, springs or the creek! Camp and bath at least 100 feet away from water sources -- use a clean bucket to haul water for your bathing and living needs. To be certain of drinking water: filter or boil (20 min)! Ask for safe water at kitchens.

Keep a CLEAN camp. Use the slit trenches or covered latrines - cover your paper & waste with ashes or lime, wash hands. Break the fly/illness connection: shit-fly-food-you! Dig no shitters near water areas or kitchens -- always dig at least 300 feet from food and water sources in appropriate areas.

Protect our Health!

Use your own cup, bowl & spoon! Wash them after eating and rinse in bleach-water. Visit C.A.L.M./M.A.S.H. if you feel ill - especially if you have a contagious disease - or are injured.

Camp Together - Establish neighborhoods. Watch your gear: Be Responsible ~ "Tempt Not Lest Ye Be Lifted From."

EVERYONE IS FIRE WATCH! Community Fires only! ~ Each with 5 gallon water bucket (filled) and shovel for Fire Protection. If you are the last to leave a fire PUT IT OUT! If you find an untended fire, check if someone is using it -- if no one responds, PUT IT OUT! If you don't have tools or water to extinguish an abandoned fire, please notify the nearest kitchen or neighborhood.

Pets are discouraged but if you must bring them keep them fed, on a leash and out of the kitchens, springs & fights. Clean up their poop. Love them.


Cleanup begins when you arrive. Bring in only what is necessary. There is no janitor are the cleanup crew. Bring trash bags! Separate Garbage for recycling -- cardboard, cans, plastic bottles, glass, compost, usable give-away items, trash. Don't litter - Find collection point. Grey water and Compost in pits only -- away from water areas (300 ft). Close pits before they are overfull -- leave last 6 inches for rocks and dirt to cover waste.

You are the Gathering! Participate in Shanti Sena, the peace keepers circles, and all activities, kitchen and cooperation circles, work crews, workshops. Volunteer wherever needed: kitchens, welcome home, firewatch, parking lot, shitter digging, supply, front gate, etc. R-E-S-P-E-C-T your Sisters & Brothers energies.

Keep the Balance: Earth, Sky, Trees, Water, Fire, Wildlife & People!

Alcohol is Discouraged, Guns are Inappropriate, Violence is contrary to the Spirit. Please take no photographs or videos of people without permission. Discourage Drug Abuse.

Buying and selling endangers our legal right to be here. The Magic Hat is our Bank, donate early to fund our Needs. The Magic Hat goes around at mealtime circles and with the Magic Hat Band.

Our power together is many times our power separated.

Enjoy the Rainbow with an open heart and you Will see the Vision.

Join us for July 4th Silent Contemplation & Prayer for Peace - please respect those maintaining silence from dawn. Become the Silent Circle as Noon approaches -- Hold the Silence and Prayer until the Children's Parade comes to Center of the Circle.


RAP 701
Happy Trails

In preparation for leaving...Pack up all your trash and take it away. Take it far away. Do not impact the small towns near the gathering. Drop recyclables in appropriate collection areas.

Dismantle and disappear your encampment. Pick up your litter. Vanish ALL traces. Douse your fire, ashes cold, scatter your fire rocks. Replace turf.

Cover your local latrine and compost holes solidly with lime and soil. . Latrine tops are burned. Remove string and twine from tree limbs. Break up hardened ground with shovels or picks for future root growth and moisture catch. Intermix humus from forest ground if possible.

NATURALIZE! When an area is clear and clean scatter logs, branches, leaves. Disappear trails, renew forest habitat. Water systems are removed, cleaned and stored for next year.

Help with disabled vehicles, fully dismantle ramps and bridges. Water bar steep places to prevent erosion. The final crew re-seeds with appropriate vegetation to complete the process.

Transport as many riders as possible out of the area. Treat local folks with great kindness.

Drive safely and share this love wherever you go.

***********SPECIAL NOTE TO KITCHENS********************

Please, all kitchens need to bring at least 200 feet of black pipe for water - size should be 1/2 - 1.25". 1"-3/4" is best. Black Food Grade Irradiation pipe with couplers, hose clamps and a spigot on the end. Check ory%5Fname=Flexible+Pipe+and+Fittings&Page=1 For pictures of what we are after.

# * # * # * # * # * # * # * # * # * # It's easy for me to send you this gathering update via email. Please forward it on to people you know who may be interested. Also, please print out copies of this email and share it with family in your area who may not have computer access.

Let's make sure to keep all our family in the loop!

Spread the peace and love wherever you go.


# * # * # * # * # * # * # * # * # * #

~~~~Restore the Earth! Restore the People! ~~~~

Dry Creek Campground in Lassen County. From Highway 395 go to the town of Madeline, go six miles north on Hwy 395, look for the road on the left hand (west) side of the freeway going north. If you get as far north as Likely, you've gone too far.

On the map, Dry Creek Campground Road looks like its adjacent to a larger road called Water Canyon Mountain Road.


Rainbow Family gathering 2004: Shasta County Board of Supervisors meeting

The Rainbow Family's possible gathering in the north state this summer will be discussed at the Shasta County Board of Supervisors meeting Tuesday. The board meets at 9 a.m. at the Shasta County Courthouse, 1500 Court St., Room 203, in Redding.


North state forests brace for Rainbow' gathering 2004
By Alex Breitler, Record Searchlight

June 4, 2004

There are no leaders, no laws and anyone with a bellybutton is invited.

One month from now, the "Rainbow Family" will flock 1960s-style to a national forest somewhere in Northern California for an annual gathering that could attract as many as 25,000 people.

The loose-knit group of everyone from pierced teenage runaways to pleated Wall Street stockbrokers hasn't met in this state for 20 years.

Exactly where they'll set up their sprawling camp this time may not be decided until the end of next week, but Forest Service officials are bracing for crowds.

About a dozen forests have recommended remote spots for the Rainbows to consider. On the Shasta-Trinity National Forest, that includes locations near Hayfork and Mount Shasta.

Not only is it hard to find a spot for 5,000 cars to park, but officials have environmental and health and safety concerns, too. They'll form an "incident command team" just as they would for a major forest fire. As much as $500,000 has been spent keeping past gatherings under control.

"In general, these folks do seem to have a fair amount of respect for the land and the planet," said U.S.

Forest Service spokesman Matt Mathes. "There are always exceptions."

Rainbows say legendary stories of nude hippies, drugs and violence toward officers paint an unfair picture.

Just ask Karin Zirk, a 43-year-old database administrator from San Diego who has attended gatherings since the late 1980s. They appeal not just to the liberally minded, but conservatives as well, including Christians who hold Bible studies, she said.

"If you talk to 100 different people, they're going to explain to you that the gathering is about 100 different things," Zirk said.

Although scouts are already in the area, the gathering begins July 1 and culminates on Independence Day

with roughly six hours of silence during which Rainbows stand in a massive circle and pray for peace. They camp in huts or lean-tos, dig their own latrines and establish their own kitchens, and keep busy hiking, singing, dancing or taking yoga classes.

Although the Forest Service says it would like the Rainbows to sign a permit, the group opposes that principle.

"They're citizens and they have a right to gather on public land," Mathes said. Rainbows have been meeting across the continent since 1972. Although smaller groups have met near

Castle Crags and Mount Shasta, the last full gathering in California was in the Modoc National Forest in 1984.

There, Rainbows volunteered to wait tables at the local cafe. One restaurant manager called them "well-behaved and good tippers." But the Rainbows also used gas station restrooms to bathe, and residents reported Dumpster-divers in their neighborhoods.

To keep things safe, the group keeps its own pseudo-security force, called "Shanti Sena," or "Peace Army." And teams of Rainbows have stayed after for as many as several weeks to fill in the latrines, pick up garbage and cover up fire rings.

Klamath National Forest spokesman Brian Harris said his forest recommended two locations near Cedar Lake and Antelope Creek, on the east side of the forest.

"We're ready for them," he said.

Reporter Alex Breitler can be reached at 225-8344 or at


Rainbow Family Gathering Archive Information



According to Garrick, a meeting has been set-up for those who are interested, want to attend, and/or by choice do attend, between interested individuals and Undersecretary of Agriculture Mark Rey, and a "couple of District Rangers from California, concerning issues in regards to "Rainbow Gatherings". For those of you who have read my document Redress of Grievances, you know i have been putting in for a meeting to air issues and work things out in peace, with the Forest Service, concerning my Petitions for National Forest Access, circa 2002, and up-coming Redress of Grievances, circa 2003 i.e. Access to national forest public lands for "POPULAR" 'peaceable assembly for purposes of expression".

I have every intention of attending this meeting, which will, as far as i know, be held on "neutral ground" i.e. somewhere like the University of California, at berkeley, California, etc...

personally, what i am up for is this:

(1) folks wanting to attend, get yourself to san francisco, get help from friends... if posisible, i will do what i can to help whoeve

(2) folks who have a strong opinion, viewpoint etc.. about all this, SHOULD ATTEND... air your grievances... PLEASE... LET WHOEVER COMES PLEASE BE SEEKING SOMEWAY TO WORK THINGS OUT WITH THE FOREST SERVICE IN PEACEFUL WAYS...

(3) MEET HIPPIE HILL, JUST INSIDE GOLDEN GATE PARK, NEAR HAIGHT ASHBURY... NOON ON FRIDAY THE 9TH OF JANUARY... this spot is easy to find... please whoever intends to attend this meeting please come to this circle... communications with one another is essential... things to be discussed... RESPECT for one another, RESPECT at the meeting...

whoever has a viewpoint, please come share it at the Park, then share it with the Forest Service and Mark Rey..

for further information stay tuned... when i have some ot share i will.. this meeting has been a dream of some folks who have worked to arrange it... Jeff Kline and Garrick are two... and these persons should be thanked... for their efforts...

this is an opportunity, for individuals like myself, to make contact with Mark Rey, who attended the Gathering this year, on July 5th... i would have gladly met with him personally, "in Gathering" but i was with the crew dealing with the death of the young man, brother, who passed away late July 4th, early July 5th.

nevertheless, if you have read my document Redress. you know what i would llike to convey to Mr. Rey... that is...

"District Ranger and/or authrotized officer shall offer an alternative manner of application of 36 CFR 251 to "Annual Rainbow Gathering" and/or to other similar events." apparently, from garrick has said.. Undersecretary Mark Rey wants to talk about (operational) "issues for this upcoming Gathering" AND "work out ways to REDUCE THE LAW ENFORCEMENT BUDGET BY 50%"

In my Redress you know i have re-outlined to the Forest Service something very familiar... i.e. OPERATION PLAN and if the Forest Service wants a "PERMIT, they can authorize on their own... when they are satisfied of the OPERATION PLAN, worked out "on site" between "Gatherers" and Forest Service, prefarably resource and rec folks et.... a plan, myself and thousands of others have advocated for yhears and years...

I arbitrarily am asking folks to come to "hippie Hill", in Golden Gate Park, because i know the area, and it has big trees to stand under, if necessary... and it is easily found...

I am going to be asking, to this Circle of individuals, a request for SOLIDARITY ... i.e. stand together and insist on an appropriate alternative application of the regulation...

I am requesting also there be a couple of speaker phones hooked up for those who are unable to travel but who want to listen in and/or register their viewpoints... technology should be available for this???

also, i will recording and i encourage others to record what is said etc...




I have advocated this meeting be announced, be open, be free etc... all things on the table...

to me, the best way to reduce law enforcement is through the "internal processes" of the Gathering are respected... i.e. Shanti Sena, Fire Watch, CALM, Front Gate, etc... [from what i hear, ""Thanksgiving Council 2003 hereby consensus by silence to carry on the family cooperations process......."]

This is what i know up till now... as of yesterday this meeting, this meeting has been confirmed...

naturally, the forest service and Agriculture dept get very concerned when ti comes to numbers... it has always been this way...

myself, i trust in the PEOPLE, and the SPIRIT - i don't believe there will be hundreds of people there, nor thousands... though all the better... move it outside somewhere if necessary... rather, i believe and i have seen, over the years, determined folks will show up... it may get to be a long meeting...


from what i hear, ""Thanksgiving Council 2003 hereby consensus by silence to carry on the family cooperations process......."

A couple of individuals advocated this meeting... i agree with attending the meeting; for myself as an individual it is something i have requested for many years... and at times, on different levels have met with Forest Servicwe... I have a definite viewpoint... so have many others...

folks outa attend, who advocate strong positions... to both meetings...

and folks who intend to go please network with me and others...

any folks who truly object to this meeting... outa for sure come to Hippie Hill on the 9th... and advocate your trip..

regardless, i personally will be attending this meeting... and at the end... will be "officially" filing my Redress of grievance with underSecretary of Agriclutre mark Rey.... "unofficially" i will be sending forest service and rey, a copy of my Redress for them to mull through - soon..... arrangements are forthcoming...

I would hope the Forest Service and Mr. Rey wil take this opportunity to Listen, share, work things out, and when all is said and done... Mr. Rey issues a directive as i indicate in my Redress and uses the "easy alternative"... this is my personal reasons for making this journey... "Spirit willing and the creek don't rise".... and i trust in the Spirit and the People (otherwise why be in this Creed of Gathering) so i am asking this msg go to "all points of light"... up till yesterday this was merely an "idea"... i have begun contacting folks concerning this meeting... outa respect and courtesy, and a prayer for unity i send this....

Thank you,
peace, love, and a little bit of just us
barry, plunker, montana

~~~~Restore the Earth! Restore the People! ~~~~


January 24, 2004

Dear Jeff,

I thought I should share a few thoughts with you.

First, commendations for bringing together the people you did in San Francisco. Despite whatever remarkable views may have been expressed, and despite however far from what you may have dreamed of, that meeting was no doubt a valuable step.

Last year, in going through the permit process, there were agreements given to me and accepted by me in good faith, put in writing and spoken clearly as recorded agreements. Most of these were lived up to. In general things like the traffic, public safety, health, and environmental protection went extremely well.

But there were certain major commitments that were not kept to, and in particular these I bring up here have cost us much goodwill.

The first of these is that the Incident Command Team treated me endlessly like the only person they could go to talk to about dozens of issues they knew could only be resolved by the people working in those areas (medical, traffic, water, kitchens, etc.) Despite the Undersecretary's letter which declares bluntly that a signer attains no capacity as an officer, the IC Team put me de facto in that position.

In the same vein, the Operating Plan itself was not put together by onsite volunteers and Forest Service personnel as agreed; no, it was unilaterally prepared and delivered to me, without discussion with any onsite workers/planners/volunteers. Several problems that occurred could or would have been avoided if that operating plan had been worked out with participants.

Eventually the FS resource people began communicating directly with the people involved, and that contributed to an excellent cleanup.

From my first written contact I requested - and it was agreed - that the cleanup crew specifically would receive a letter from the Ranger District indicating that the rehab work was successfully completed, and this be given to the crew on departure.

This letter was delayed two months, and then only after repeated written, phone and faxed requests was such a letter sent, to who? To me. Not even the courtesy extended to the hundreds souls who did the hardest job of the whole Gathering, by addressing this "cleanup" letter to them. This was no mistake, not after all the discussion specifically on this point; nor for a moment do I think it was the hard-working District Ranger who determined that it just couldn't be addressed to the people who did the beautiful job.

The fourth assent was that given a legal (permitted) event and a cooperative process, we would see a reduction in law enforcement throughout the Gathering. That's not what we saw. And the reason is that the IC Team didn't believe the permit would be granted even if applied for. Why not? Because they themselves were working to invoke innapplicable Utah State Laws, in order to keep the Gathing illegal.

And they found themselves at the last with a huge posse of Special Agents, already brought in, already arranged and paid for...with a legal Gathering to attend to. And we saw people torn from their cars and searched for no reason but DWR (Driving While Rainbow); rogue officers spreading patently untrue sexual allegations that they fabricated; officers ticketing people who put down their dog's leash for a moment to shoulder their own pack, federally deputized horses peeing and pooping in kitchens, children's areas, bakeries, and the mounted officers atop them threatening arrest for "interfereing" to anyone who dared so much as speak up about this, etc.

These are what has made it impossible for me to find so much as two persons willing to come forward and follow the permit course. I approached that task last year with as much positivity and hope and deep thought and hard work as I could to make that permit process work; I felt I kept my parts of the bargain I signed.

But it is up to the people who watched it happen to decide for themselves whether this is a workable process, or to continue to try to change the way things are.

I think that if the government had addressed the various volunteers at the event regarding all the processes of the event; if the goverment had prepared the operating plan with participants; if the government had delivered the cleanup letter to the cleanup crew as promised; and if the government had shown an appropriate level of law enforcement at a lawful event, there would be a line of people ready to be the next signers.

Everyone gave me a fair chance to show how the process works, or could work. I continued thru with the process even when - along the way - there were obvious indications that Incident Command wasn't honoring agreements made by Administrative Staff. We are - for better or worse - on the road these actions have brought us to. Maybe, by the final order not to address a simple letter like the cleanup letter as agreed, the IC thought they were adding the final straw to alienating the participants from wanting to participate in the permit process, and maybe, in that, they were right.

I can only hope that intelligent minds like Regional Forester Blackwell, his administrative superiors, his staff, and those they can count on, will see some way to work this out with the real volunteers who come forward to prepare the upcoming Gathering. I think everyone is willing to work together in the field(s and hills) to make a fine Gathering. It's on the papers and in the fine print that it's more difficult.

When, briefly, I met Mark at the Gathering during the 5th of July Brunch, we spoke about a get together to talk sometime later in the fall. I do have some regrets about not attending, after helping in many ways to arrange the meeting, but the actions I've just described put me in a corner where the only way I could be sure to see the Agency talking and listening to those other than myself was by my absence. I hope no one, you especially, takes any personal offence at this, but it seemed the only way to be clear about where people really stand.

Again, I've heard many renditions of the Park Branch Library Meeting, and I know you suffered much watching it. But it was a brave thing to instigate and in the end after the catcalls subside the real value of what you did will be clear.




United States Department of Agriculture: UnderSecretary of Agriculture Mark Rey, USFS Chief Dale Bosworth, Director Dave Holland, Recreation, Heritage and Wilderness Resources Forest Service, USDA, (RHWR) Staff, (2720), Mail Stop 1125, Washington, DC 20250–1125 or to , Dave Ferrell, Deputy Director, Law Enforcement and Investigation,

Lynn Bidlack, Region 4, Special Use coordinator, Tom Tidwell, Region 4, Forest Supervisor, Steve Ryberg, District Ranger, Elizabeth Close, Bert Kulesza

Donna Grosz, Region 5, Special Use Coordinator Malcolm Jowers, National Noncommercial Group Use Coordinator Special Agent Incident Commander "Gathering of the Tribes 2003" i.e. "2003 Utah Rainbow Gathering", and to whom it may concern in Forest Service, etc.




1. This document is a formal "Petition for Redress of Grievances". This is a Petition for the repeal, amendment or "alternative" application of U.S. Forest Service 'Noncommercial Group Use' regulations (36 CFR 251.54), on the factual, legal, and spiritual grounds stated herein; It is presented pursuant to Title 5 USC §553(e), 42 USC Sec. 1983, Chap 21, 01/05/99, 42 U.S.C. § 2000cc-5(7)(A), also 7 CFR 15, Sec. 15.3 and calls for remedies in accord with procedural rules governing the receipt, consideration and disposition of petitions under these authorities. This petition addresses a unique set of inequitable circumstances surrounding the Forest Service' most recent denial, in 2003, of Petitioner's request and application for access to National Forest lands for expressive and spiritual purposes; and Constitutional violations of Petitioner Adams civil rights: Creed, worship, spiritual, "religious" and/or peaceable assembly, speech/expression, petition, "pursuit of happiness", violations of First and Tenth Amendments, rights of an individual, "reserved" rights of "people" of a culture/point of view.

2. In addition, this petition also re-affirms and relates to Adams' previous "Petitions for National Forest Access", submitted May 10, 2002, to the Director of Recreation Heritage and Wilderness Resources (Bschor at that time), re: Case Number 1307243 (File Code: 1700, Route To: 2700). This earlier petition was referred to Civil Rights Investigations, where it was determined no civil rights were violated, and sent back to the Director, RHWR (now Dave Holland). Due to the unresolved issues of my earlier Petition, such as failure to provide for "National Forest Access", many of the circumstances leading to Petitioner's grievances have been perpetuated, thereby giving rise to this new but related set of grievances.

3. Recently, Oct 10 2003, Director Holland sent Adams another letter confirming that no action will be taken regarding my previous petition. However, these "issues" are still under review in Adams' case in Montana. [Note: It was Adams' original intent for the offices of the Forest Service to handle his "Petitions for National Forest Access", AND Adams would prefer Forest Service to be the agency that resolves the situations Adams addresses in this "Petition for Redress of Grievances."] See also this "Petition":

"On June 26, 2003, the United States Department of Agriculture's Office of Civil Rights (OCR) informed you that your complaint, # 1307243, does not implicate civil rights law and therefore cannot give rise to a civil rights violation. Because OCR concluded that the issues raised in your complaint are programmatic, OCR forwarded it to this office. We have reviewed your complaint. We have determined that it has no legal basis and that most of the issues you raise have been rejected by the courts in numerous cases involving the Forest Service's noncommercial group use rule." See Director Holland's Letter to Adams, 10/10/2003, (FC 1700/2700).

4. Due to continued civil rights violations and because no action was or will be taken upon Adams previous "Petition for National Forest Access", Adams is also filing the current Petition with the Office of Civil Rights (OCR). Perhaps with another look at the entire situation, with more evidence included in the current Complaint, i.e., detailed list of how Government has again intruded into Adams' individual freedoms of "speech, worship, Creed, association/assembly, etc.", OCR will take another view of the situation. See Attachment A, Rights Complaint Forms i.e. USDA Civil Rights Complaint; See also "Religious Land Use and Institutionalized Persons Act" - Claim and Lawsuit Reporting Form, also, Data Act of 2000 - Claim, also, See also, Filed Complaint: "RE: Statement of Complaints against USFS Law Enforcement Officers at the Annual Gathering of the Tribes in Utah, 2003 - part 1" (Sept. 3, 2003).

5. Legal grounds for this petition include the United States Constitution and Supreme Court Opinions, USDA anti-discrimination rules and regulations:

"The First Amendment also guarantees the right "to petition the Government for a redress of grievances." also "Brandenburg specifically held that "[s]statues affecting the right of assembly, like those touching on freedom of speech, must observe the established distinctions between mere advocacy and incitement to imminent lawless action." 395 U.S. at 449 n.4.", also "The Supreme Court has also explained that the right to petition is "inseparable" from and "was inspired by the same ideals of liberty and democracy that gave us the freedoms to speak, publish, and assemble." McDonald v. Smith, 472 U.S. 479, 485 (1985). See White v. Lee (9th Cir., Sept. 27, 2000).

6. Petitioner Adams seeks access to national forest lands. Adams would have every hope the Under Secretary of Agriculture Mark Rey, Chief Dale Bosworth, Director RHWR, Dave Holland, LEI David Ferrell (Law Enforcement Investigations), others, to come up with the right approach to facilitate "appropriate management", of "oral or written" "Applications for Special Use" for expressive, non-commercial peaceable assemblies, of the sort, style and manner defined in this document; and provide appropriate "alternatives" to enable this applicant/others access to national forest re: 36 CFR 251.

7. Adams, so far, is unable to successfully "apply" for access to national forest for exercise of "inalienable rights" of prayer, speech, assembly, association, and "pursuit of happiness", because of the Nature of his beliefs and practices of spiritual/cultural life i.e. Creed. Specifically, for this Petition, his belief/practice of attending so-called "Rainbow Gatherings" in National Forest. Adams attends these events only as an individual, and acting as an individual i.e. in speech and expression, is unable to fulfil the ‘permit signature requirement" contained in 36 CFR 251.

"Creed" is defined as: "Confession or articles of faith; formal declaration of religious belief; any formula or confession of religious faith; a system of religious belief." See Cummings v. Weinfield, 177 Misc. 129, 30 N.Y.S. 2d 36, 38." Black's Law Dictionary, Revised Fourth Edition (1968), [444].

8. As is known, Adams has repeatedly been an unsuccessful ‘applicant.' Adams has been cited for violation of this regulation, concerning denial of his valid application for "Montana Gathering 2000" tried, convicted in Magistrate, appealed (lost) District Court in Montana (currently on Appeal to 9th Circuit). Adams has also appeared in Federal Civil Court in Idaho, concerning being denied an application; Adams lost in his arguments in district civil court in Idaho, 2001 - did not appeal, due to lack of evidence of Forest Service "permit scheme", other factors. Adams' valid "Application for Special Use" i.e. Notification re: attending this year's Utah Gathering 2003", was denied due to (no site listed) and permit signature requirement. See Attachment B, Adams March Application, Forest Service Denial Letter.

9. In this document, Adams cites many Grievances concerning situations in regards to "Annual Gathering of the Tribes, 2003" so-called "Annual Rainbow Gathering" etc., an event Forest Service, others, describes inaccurately, inappropriately, as "2003 National Rainbow Family of Living Light Gathering"; and some Suggested Solutions; plus Adams formally Requests a Waiver, an ‘alternative' way to "Apply for Special Use" under this Regulation. There is an available solution that would be "culturally appropriate" for this Petitioner, and for similarly situated individuals; including attendees/participants, at these so-called "Rainbow Gatherings". This Solution is a "Waiver", an "accommodation" to enable this applicant/others access an "alternative manner will allow the applicant to meet the eight evaluation criteria":

"If an alternative time, place, or manner will allow the applicant to meet the eight evaluation criteria, an authorized officer shall offer that alternative." See 36 CFR § 251, Subpart B, 36 CFR § 251.54(H)(iii) Special Uses (7–1–99 Edition).


10. Since 1971, Petitioner has repeatedly sought access to National Forest lands as part of his Creed to engage in spiritual/cultural practice of "World Family Gathering" - (now) so-called "Rainbow Gathering", a "peaceable assembly for the purposes of expression" (July 1-7, main days) sponsored by "Rainbow Family Tribes" - defined as "conceptual Tribes" of all Races, Cultures, Creeds coming to a common ground in Peace. An Ideal (event) of each individual "being' inviting every other individual "being" to a "Gathering"); and a "Peace/Prayer Circle of Silence", Independence Day, Fourth of July. Throughout the years, Adams has communicated and sought cooperative relationships with numerous Forest Service, other Federal, State, County and local officials in pursuit of this practice. Petitioner has acted in good faith throughout these communications and relationships.

11. Petitioner has been cited for "FAILURE TO SIGN A PERMIT" for one of these so-called "Rainbow Gatherings" ("Montana Gathering 2000") i.e. "signs as an agent of holder" i.e. "on behalf of" other individuals/"Gatherers" without their express, explicit agreement; is currently on Appeal to the 9th Circuit Court - is currently facing $500 fine and 90 days in Federal Prison, for "probable" violation of 36 CFR 251 regulation - yet to be resolved; in review of these issues, according to Magistrate Judge, Dist. Montana, (Adams was tried/convicted related to these issues) "...Court believes Defendant has raised substantial question...", perhaps, a glimmer of justice is on the horizon. ALSO, in a recent 8th Cir.Ct. Appeals' Opinion, the Court affirmed conviction of Mr. Nenninger, an attendee at a "Gathering' based on "Rainbow Principles/Vision/Creed", on a differing citation but similar to Adams' conviction in Montana; HOWEVER, in this Opinion, is a statement, pertinent to Adams' case in Montana, concerning this Court's "constitutional" concern". See also, No. 11, G.Beck's, "Permit", on "signs as an agent of holder", G.Beck's Index, Docs. @

"Having reviewed Defendant's submissions, the Court believes Defendant has raised substantial questions that satisfy the requirements of 18 U.S.C. § 3143(b). More specifically, Defendant has raised issues upon which reasonable jurists, applying applicable law, could disagree. See Mtn. for Stay of Execution of Sentencing Pending Appeal, and Brief in Support at 7-8. These issues require the Court to grant Defendant's motion for a stay of execution of sentence pending appeal." (Court's Doc. No. 113). See pg. 7-8, ORDER Staying Execution of Sentence Pending Appeal, U.S. v. Adams, Cause No. CR 01-11-GF-DWM, Carolyn S. Ostby, United States Magistrate Judge, District of Montana, 11/19/2003.

"We assume, arguendo, that if Nenninger had been convicted of refusing to sign the special-use authorization on behalf of the Rainbow Family, constitutional difficulties would confront that conviction. But Nenninger was not indicted on, prosecuted for, or convicted of this charge and therefore we need not, and do not, address his arguments concerning this charge." See 8th Cir. Ct. Opinion, U.S. (Forest service ) v. Nenninger, No. 03- 1350 (12/5/2003).


12. This Petition is concerned with obtaining EQUAL PROTECTION, "RELIGIOUS LAND USE" of national forest public lands as a forum; with regard to how the Regulation, 36 CFR 251, is APPLIED to Adams/other individuals similarly situated, attending/participating in so-called "Rainbow Gatherings". Under existing Forest Service policies concerning the "Application process for special use of national forest lands", Petitioner Adams/other individuals similarly situated - whose beliefs/practices - cultural/spiritual/political Creed precludes any basis for "legal standing" to "sign permit" per 36 CFR 251 - have been denied access to "Special Uses" of the National Forest.

13. This petitioner/similar individuals require an "alternative", a "waiver" to enable participation in this USDA program. Adams has been offered no "waiver", no "accommodation" and/or "alternative" ‘culturally non-discriminatory" manner of application/use per regulation 36 CFR 251 as to enable him as an "applicant" to access national forest/public lands for use. Other individuals have been granted "waivers", "alternative manner of application" by the Forest Service to facilitate similar "Special Uses" of National Forest lands similar in nature to the self-same so-called ‘Rainbow Gatherings" where Adams/other individuals attend/participate; issues at hand.

14. Petitioner maintains United States Forest Service, in the person of John Twiss, Malcolm Jowers, and others of the "2003 Rainbow Gathering" National Incident Management Team and/or "Incident Command Study Team" et. al., named and unnamed, etc., each acting individually, and in their official capacities as Forest Service employees, knowingly APPLIED Regulation 36 CFR 251 in such a way as to deliberately and systematically "intrude upon internal processes, speech, expression, ceremony, worship, petition" to "ALTER the Essence/Nature of the Peace Expression" known as "2003 Annual Rainbow Family Gathering". Such Gatherings are traditional "peaceable assemblies for the purposes of expression", held annually since 1972 on National Forest, public land, on and around July 1-7.

15. Forest Service, officially, and through its agents, did seek to inhibit, prohibit, alter, and/or hinder the Free Speech, Peaceable Assembly, Petition, and Spiritual/Religious/Political/Petition observances of Gathering Attendees in "pursuit of happiness". In so doing, the Forest Service violated Civil Rights of each and every individual attendee, AND in particular, the Rights of this Petitioner, Adams; and/or inhibited, sought to alter the nature etc., of Adams' personal Speech/expression, Worship, Right of ("religious") Assembly, "pursuit of happiness", attendance and/or participation in "2003 Rainbow Gathering". AS SUCH, these Agents, named and unnamed, acting individually and in their official capacities as Forest Service "Incident Command," violated Federal Laws prohibiting such discriminatory activities against what they perceive as an "unpopular group" i.e. "peaceable assembly", the so-called "Rainbow Family Gathering"; a POPULAR assembly of individuals engaged peaceably in speech, expression, petition, and worship. In a recent 8th Circuit Court of Appeals Opinion, a definition of the word "group' was revealed as a companion to the widely used definition (among the government legal community) of "group" by 9th Circuit Court of Appeals use in Adams v. Arthur. Adams/others contend "Rainbow Gatherings" are "POPULAR peaceable assemblies for expression", NOT JUST ‘GROUP' Events.

"members of the Rainbow Family, a loosely structured group of people who gather periodically on National Forest land to pray for peace and to discuss political and environmental issues. Their gatherings have occurred at least once annually since 1972 and have become more frequent in recent years. Attendance at the weeks-long events can exceed 20,000 people." See, Black (also Adams) v. Arthur, 201 F. 3d 1120, (9th Cir. 2000), affirming, 18 F. Supp. 2d 1127 (D. Or. 1998)

"We see no ambiguity in the common word "group," which is usually given to mean "[a] number of persons or things regarded as forming a unity on account of any kind of mutual or common relation, or classed together on account of a certain degree of similarity. Oxford English Dictionary 887 (2d ed. 1989)." 8th Cir.Cr. Opinion, U.S. (Forest Service v. Nenninger, No. 03-1350 (12/5/2003)

"ASSEMBLY. The concourse of meeting together of a considerable number of persons at the same place. Also the persons so gathered."

"POPULAR ASSEMBLIES are those where the people meet to deliberate upon their rights, these are guaranteed by the constitution. Const. U.S. Amend. Art. 1". See Black's Law Dictionary (Rev. 4d. ed 1968) [149]. (emphasis added)

16. It should be noted that this petition is specifically concerned with how this "Application/permit process" is APPLIED, or used, with regards to individual attendees of "Rainbow Gatherings" and Petitioner Adams in particular. This is largely uncontested legal territory in the Courts.

17. In 1998, the 9th Circuit Court of Appeals, one of the lead cases in these matters - nearly all the cases in all the Federal Districts use this case and the older U.S. v. Adams, Texas 1988 (also called U.S. v. "Rainbow Family Tribe", Texas 1988) made this important distinction with regard to another Complaint brought by Adams and others:

"We emphasize that no specific application of the challenged regulation is before us here. This case does not present, and we do not decide, whether the Forest Service's group permitting process has been or will be unconstitutionally applied to the Rainbow Family." See Black v. Arthur, 201 F. 3d 1120, (9th Cir. 2000), affirming, 18 F. Supp. 2d 1127 (D. Or. 1998).(emphasis added)

18. FOR THE RECORD - DISCLAIMER: Let it be clear in the record, that Barry Adams, speaks, acts, writes, only as an individual, exercising Natural "inalienable" and Constitutional Rights in "pursuit of happiness". Forest Service, U.S. Attorneys, various Courts have proclaimed Adams as a "member' of "Rainbow Family". In Texas 1988, Adams acting pro Se (with little legal education) defended his right to be an individual, and witnessed: "Rainbow Family Tribe", "Rainbow Family of Living Light etc." as SPIRITUAL IDEALS - a matter of his Creed, culture, religious/spiritual viewpoint as an individual i.e. a "soul" in Creation. In District Court in Oregon and in a Ninth Circuit Opinion, Adams was an appellant in this case, these courts declared:

"Appellants are members of the Rainbow Family". See Black v. Arthur (Adams v. Arthur i.e. Forest Service), 201 F. 3d 1120, (9th Cir. 2000), affirming, 18 F. Supp. 2d 1127 (D. Or. 1998).

19. HOWEVER, Adams' Creed/philosophy is based in "Unity Principle" i.e. UNITY not Separation (into a "group" etc.). Relative to these matters, Adams' own perception is he is NOT a "member" of any group, organization, religious or otherwise, nor a "member" of any association - as Groucho Marx said: "I wouldn't want to belong to any club that would have me for a member". Adams advocates he is just an entity in the Universe, a soul in Creation, an "individual" and/or a "member" only of Human Race/Species; Adams remains relatively anonymous as he likes it - a "brother" of all the "Human Family" AND "all our relations" i.e. all beings. See "Unity Principle", Where have All the Flower Children Gone? , book by B.Adams (c.1988), pg 102, (available via Adams - Book has been added as Attachment in various courts, petitions to FS).

20. Adams philosophy/Creed is expressed as he wrote in 1969, like:

"Wherever grass grows, wind blows, sun shines, it does so upon a natural child of God(us), a natural child of humankind and (my) natural spiritual brother or sister" - on "New JahruSalem, Mandala City for All People!"

21. FOR THE RECORD - "PERMIT WATCH": Barry Adams, with his video camera, had recorded the meeting of May 8th, 2003, in Evanston, Wyoming with Forest Service and individuals. Adams provided this video to G.Beck who, in turn, attached it to his "Application for "permit", June 15th, 2003, 4:20pm. This year, as part of a volunteer effort Adams called "Permit Watch" i.e. recorded, witnessed many interactions between G.Beck - "permit signer" and Forest Service, concerning the "permit process". Along the way Adams objected to the illegality of this "permit process". Adams intentions in these actions were to record, protest (when appropriate), and gather evidence of the so-called "permit process" as applied by Forest Service in these matters. Other than this "Redress" Adams hopes this information will "expose" the discriminatory way in which Forest Service currently applies this "permit process" to Adams/other individuals similarly situated and/or "Rainbow Gatherers".


22. Based in Constitutional "inalienable rights", and Supreme Court Opinions, Adams is applying, in effect, for an "acceptable alternative", a culturally acceptable 'waiver' and/or 'accommodation" based on 'religious/spiritual hardship".

"As we noted in Smith, in circumstances in which individualized exemptions from a general requirement are available, the government "may not refuse to extend that system to cases of `religious hardship' without compelling reason." ibid. quoting Bowen v. Roy, 476 U.S., at 708 (opinion of Burger, C.J.)."See Employment Div., Dept. of Human Resources of Oregon v. Smith, 494 U.S., at 884.

"A statute burdens the free exercise of religion if it "put[s] substantial pressure on an adherent to modify his behavior and to violate his beliefs," Thomas v. Review Bd. of Ind. Employment Sec. Div., 450 U.S. 707, 718 (1981), includ-ing when, if enforced, it "results in the choice to the individ-ual of either abandoning his religious principle or facing criminal prosecution." Braunfeld v. Brown, 366 U.S. 599, 605 (1961). A substantial burden must be more than an "inconve-nience." Worldwide Church, 227 F.3d at 1121.

23. Because of the nature of Adams personal beliefs and practices, "Rainbow Creed" - a Creed that encompasses his cultural existence. In order to access National Forest in the 'Rainbow Way," Adams must either NOT use National Forest lands for "Rainbow Gathering" OR create a "fiction" - sign a permit with no legal standing to do so.

24. OR REQUEST (AND RECEIVE) AN "ALTERNATIVE", a "waiver", an "exemption', culturally appropriate/acceptable to enable Adams access. Otherwise, Adams remains in constant "friction" with Forest regulations. Therefore, Adams formally requests a "waiver' an 'alternative manner of use" i.e. 'alternative manner of application" - one culturally acceptable, to provide for access to National Forest to attend/participate in the so-called "Rainbow Family Gathering"; to enjoy "right to gather in an approved area on NFS land."

25. This "waiver" Adams is suggesting, Adams believes: "If it will work for me, it will work for others similarly situated". There are others like Adams, who regard their "inalienable" individual right to "pursuit of happiness", right to choice, right to associate and assemble, right to speech, right to worship as something mighty precious. It is a "waiver' fully in line with common sense and good forest management, in keeping with civil rights and liberties, plus it makes good budgetary cents. In a document concerning this year's Gathering in Utah, Forest Service states the case and the problem:

"While the Federal courts have consistently ruled in favor of the Forest Service for implementing the noncommercial group use regulation (NCGU), they have also ruled that under criteria established in the regulations, the Rainbow Family has the right to gather in an approved area on NFS land." See March 27, 2003, Letter from Regional Forester Jack Troyer to Forest Supervisors, re: 2003 Annual Rainbow Family Gathering - FC2720, RT(5300)

26. Forest Service has a choice in "implementing" Regulation 36 CFR 251 re: large assemblies. One way is "hard-line", with no "waiver" i.e. no "alternative' application process offered to "Gatherers" - so-called "Law Enforcement Strategy". This had led to over 20 court cases, great deal of time, expense, "criminalization' of otherwise legitimate citizens/forest users, "friction", ‘fear and apprehension" upon the part of "Gatherers" and public. And though there has been convictions, imprisonment etc., hundreds, thousands of people in small "regional" events, and larger "Annual Gatherings" continue to persevere through whatever legal hardships i.e. roadblocks, police harassment, blockades etc., necessary to come "Home' to the "Gathering", like "bees to the hive", "ants to the nest", "migratory butterflies in flight" and/or "brothers" and "sisters' to "Rainbow Gathering Reunion". Multi-generational, international, an emerging "organic culture' unable, as yet, to have clear "ingress and egress", access to national forest/public lands for a cultural "Annual Gathering". See Attachment C, FOIA, News Release: National Rainbow Family Gathering, June 4, 2003.

27. This situation could be resolved by Forest Service, developing an appropriate, non-discriminatory "manner" of "applying" 36 CFR 251 to the situation. Through "implementation" of its' so-called "Resource and Recreation Strategy" - a "Waiver' similar to my suggested 'alternative manner of use' - submitted by Mike Lohrey, Forest Service Incident Commander in 1997:

-- Alternatives; 2) ... This would take the form of managing large group activities as a RECREATION EVENT WITH A LAW ENFORCEMENT PRESENCE. It would require establishing better working relationships with the Rainbow Family, closer coordination, and collaboration (which fits with the Chiefs emphasis). -- pg. 7 Issue; Our requirements for a signed Special use permit create an air of confrontation and anxiety, has little to do with the success, or lack thereof, of gathering management, and cost far more in litigation than it is capable in accomplishing on the ground." also -- "The objective of the Special Use Permit is to provide us with the legal teeth to ensure that the governments interests are protected. Despite the lack of a signed permit in previous gatherings, it appears that, for the most part, those objectives have been met, which means there are other ways to meet this need. Accomplishment has occurred through COOPERATIVE DEVELOPMENT OF AN OPERATING PLAN AND A RESTORATION PLAN. Thus, there appear to be viable alternatives to the permit that will meet our objectives. "

"1) DEVELOP A WAIVER for the special use permit for large groups that has demonstrated the ability to meet objectives outlined in the operating plan and restoration plan for a 5 year period. Rely on a signed operating plan/restoration plan to meet our needs to ensure that our interests are protected." "The waiver would be available to all large groups that meet the criteria, thus placing us in the position of being fair and consistent with all potential users." See "Oregon Gathering" Report: Titled: "Final Report Rainbow Family of Living Light 1997". (emphasis added)

28. All Forest Service needs to do is to apply this so-called "Resource and Recreation Strategy", develop a culturally acceptable "waiver" i.e. "alternative acceptable for applicants" i.e. for "Rainbow Gatherers" and/or for this "individual proponent" Adams/other individuals similarly situated. This "waiver" could take the form of a Process Adams describes as offering a "progressive mellow ground."


29. Implementation of this Process could begin with UnderSecretary of Agriculture Mark Rey (as he did in June 2002 concerning these issues) and/or Forest Service Chief Dale Bosworth writing a letter/directive simply stating something like this:

"District Rangers and/or other authorized personnel "shall offer an ALTERNATIVE time, place, AND MANNER" of APPLYING Regulation 36 CFR 251 to the "Annual Rainbow Gathering/Gatherers", and/or other similar events, in accordance with Resource and Recreation Strategy, per 36 CFR 251."

30. This use of an ‘alternative" could closely resemble the "management process" followed for the 2001 Earth First Rendezvous, in Wyoming i.e. Operating Plan worked out, District Ranger "authorized' i.e. "permitted" this EF "Rendezvous", once an Operating Plan was worked out with ‘anonymous" Rendezvous-ers. This "Alternative Process" is described below, with reference to "Annual Gathering":


31. (1). Notification: Forest Service is notified via individual volunteer/s "orally and/or written" of impending "Rainbow Gathering" in Region and/or Forest. Individuals volunteer, "orally and/or written", to be 'Contacts' i.e. bridges of communications, not "authorizers".

(2). Mutual cooperation and communications concerning site selection For appropriate Siting, "Gatherers" select Site from among "appropriate multiple use national forest lands," i.e. non-NEPA lands. (Note: In this regard, this Year 2003, worked reasonably well).

(3). After Attendees select Site, Forest then works with attendees/participants i.e. "Gatherers" to develop an Operating Plan inclusive of a Rehabilitation/Cleanup/Restoration plan.

(4). Once Operating Plan, (includes health, public safety, fire, evacuation cooperative plans) is worked out with "Gatherers" to the satisfaction of District Ranger, other authorized officers, Forest Service then unilaterally "authorizes" the "Gathering" i.e. via 'Permit' and/OR authorization. Forest Service presents 'authorization' to a body of individuals within the "Gathering" gathered as "Rainbow Family Tribal Council", July 1, Noon, Main Circle. If there are problems, these are addressed through communications and cooperation with individuals, informal circles/councils.

(5). Operating Plan is worked out similarly to the Way/manner in which the Utah State, Summit County Health officials worked out the Health Plan for "Annual Gathering, Utah, 2003" i.e. health officials worked informally with various individuals, various "crews" i.e. kitchens, other "Function/work" crews i.e. Front Gate, Parking, Shuttle, Road, Shanti Sena, CALM and/or with various informal Circles/councils. This is also the method used by Oregon Health Authorities, 1997, "Oregon Gathering', See "Oregon Gathering, 1997", Public Health section, Report.

(6). This is also the way, "in-Gathering", District Resource personnel have always worked with "Gatherers" to resolve situations. This has been the informal "traditional" process of resolution of concerns of "Gatherers" and Forest Service since July 1972.

(7). Following a successful Cleanup/Restoration of Site, Forest Service issues Cleanup letter addressed simply to Cleanup Crew for that Year's "Annual Gathering".


32. Petitioner Adams is requesting a simple bureaucratic step as redress for his grievances. That is, Petitioning Forest Service to exhibit an acceptance of the "cultural" differences inherent in the Creed of "Rainbow Gatherings/Gatherers", and individuals like Adams/other individuals similarly situated, by adopting a non-discriminatory manner of applying 36 CFR 251 to Applicants/attendees, i.e. "Rainbow Gatherers"; and to "Rainbow Gatherings", such as would provide for Equal Protection under the law.

33. The suggested "alternative" consists in the use of an Operating Plan, and NO "permit signer" i.e. "paper chief". Adams calls this solution a "Progressive Mellow Ground" because it offers an equitable and balanced solution, compatible with the internal framework of "Rainbow Family Gatherings" processes as well as standard agency procedures. This framework is also one that is compatible with Adams' Creed, culture, and "pursuit of happiness." In a sense, this Solution is also "born of the Gatherings," since, as mentioned, the first "Operating Plan" for such "Rainbow Gatherings" was developed at the "Idaho Gathering, 1982", between Forest Service and individuals within the "Gathering". Note: Deputy Regional Forester Bert Kulesza, at May 8th Evanston Meeting said he was assigned to "Idaho Gathering 1982".

34. In the original 36 CFR 251 June 21, 1984, was a section, an "alternative'; for District Rangers - Operating Plan option. Adams/other "Gatherers" encouraged this "alternative". This section was removed in subsequent 36 CFR 251. It is THE ONLY VIABLE, WORKABLE, CULTURALLY APPROPRIATE "ALTERNATIVE" FOR "RAINBOW GATHERINGS" - both for Forest Service and "Rainbow Gatherers'.


35. The proposed form of Waiver is well within the framework of Regulation 36 CFR 251, and the larger management framework of Forest Service. The Noncommercial Group Use Regulation 36 CFR 251 includes language supporting the granting of waivers, such as "alternate manner of use", that will enable certain applicants to comply with the regulatory schema. This Petition is a formal Request for said "Waiver" or "Alternative", as is provided for in 36 CFR 251. Also, District Ranger Ryberg, in a communiqué, indicated the "Rainbow Gatherers' would be ‘accommodated". Adams' particular spiritual, religious, and cultural orientation is not sufficiently accommodated by certain aspects of the application and permit forms, which is the cause of inequitable treatment and undue hardship for Adams/other individuals similarly situated. Since the purpose of the Regulations is certainly not to exclude citizens on the basis of particular religious or cultural beliefs, such citizens, including Adams, should be eligible for an "alternative" as prescribed in the Regulation. Hence, the Forest Service has the option of using a 'waiver' as part of an offered "alternative manner of use" per 36 CFR 251; in this case, a waiver due to "spiritual/religious/cultural hardship".

36. Furthermore, the use of "Operating Plans" to manage events is a standard agency practice for management of "Special Uses" of National Forest system lands. Thus Adams requested Waiver is an alternative well-within the range of those reasonably available to the Forest Service. No excessive burden or expense would be assumed by the agency should it choose to apply this alternative to facilitate Adams' request.

37. Finally, the proposed Waiver offers a working solution for reducing management costs associated with the "Rainbow Gatherings" and ending discrimination against the "bows'", as I.C. Malcolm Jowers' has termed "Rainbow Gathering participants". The management approach used for this year's Gathering in Utah entailed a huge outlay of management dollars; approximately $650,000. By adopting this Waiver as a culturally appropriate alternative for managing the Gatherings, the agency would benefit from increased cooperation and a reduction of costs stemming from unnecessary conflicts currently generated by a culturally insensitive approach. See Attachment D, Letters: to Regional Foresters Troyer and Blackwell, Re: Chief's Fund, Jun 13, 2003 (File 2720, Rt. 6550). also: Regional Forester Troyer's Letter to Regional Foresters, March 24, 2003 (FC 2720, Rt. 5300); for discussion of 2003 Rainbow Family Gathering, Noncommercial Group Use Special Use Permit, and associated costs; also I.C. Jowers, e-mail re: "bows".

38. Additionally, beyond the management costs of the "Gatherings" is the continued prosecution, persecution of "Rainbow Gatherers" - people who are otherwise lawful who become "outlawed" because of their involvement in this form of Speech/expression known as "Rainbow Gathering". Federal District Court Judge in Penn., 1999, US v. Kalb, et. al., expressed some of the government's frustration and apparently unending costs - this "alternative" would likely deter further prosecutions for 36 CFR 251 violations, at least in regards to the "permit signer" issue:

"It would be impossible to estimate the judicial resources that have been expended through the years in the many legal contests between the Rainbow Family and the Forest Service. In this case alone, Forest Service personnel from Georgia and Montana had to be separated from their regular duties to come to Pennsylvania to testify, as did personnel assigned to duties in the Allegheny National Forest. Obviously, scarce resources of the Court, the Justice Department and the Forest Service have been expended to handle this case and the many others involving the Rainbow Family through the years, and always of the same issue -- refusal to apply for a permit.", See U.S. v. Kalb, Beck, and Sedlacko, Crim. No(s) 99-0074ME, 99-0075ME and 99-0076ME (W.D.Penn., 2000), District Court decision

39. As noted in Thomas v. Chicago Park District, a recent Supreme Court Opinion:

"The prophylaxis achieved by insisting upon a rigid, no-waiver application of the ordinance requirements would be far outweighed, we think, by the accompanying senseless prohibition of speech (and of other activity in the park) by organizations that fail to meet the technical requirements of the ordinance but for one reason or another pose no risk of the evils that those requirements are designed to avoid." See Thomas et al. v. Chicago Park District, No. 001249. (1/15/2002).


40. These "grievances' range from Forest Service Incident Command etc., mis-information campaign directed at their own personnel AND mis-information directed toward the public, other authorities, Local and State, creating a form of "heckler's veto" toward the "Rainbow Gathering"; interference with the "organizing processes" within the "Rainbow Gathering"; violating Forest rules and regulations notably 36 CFR 251; not keeping agreements made with attendees/participants et. al.; illegal harassment and surveillance of citizens, attendees/participants and/or Adams; interference with "ingress and egress' to national forest as a forum for "Rainbow Gathering" - a form of "religious assembly"; interference with speech, expression AND worship, ceremonies, celebrations of "Rainbow Gatherers" and/or Adams/other individuals similarly situated; violations of civil rights under Civil Rights Acts, USDA anti-discrimination policies, Religious Freedom Restoration Act (1995), Religious Land Use and Institutionalized Persons Act (2000), etc..

41. During "management" of this year's Gathering, Forest Service Incident Command insisted on "applying" a general management strategy i.e. so-called "Law Enforcement Strategy", for the Gathering, that was contrary to the basic internal processes of this "2003 Gathering". As an example: beginning with planning stages in Spring 2003, and continuing throughout the Gathering, Forest Service limited its "official communications" to a single person, Garrick Beck, who agreed to "sign a permit" in conjunction with the Event.


42. In Boy Scouts of America et al. v. Dale, 2000, the Supreme Court found that Government had no right to enter into the internal realms/processes of an association and/or impose changes in said association. An Association of individuals, even if it is a Free Assembly of otherwise un-associated, anonymous individuals in mutual expression desiring access to national forest as a forum/soapbox, such as "Rainbow Gatherings", must have some sort of Rights within the Constitution.

"Government actions that may unconstitutionally burden this freedom may take many forms, one of which is "intrusion into the internal structure or affairs of an association" like a "regulation that forces the group to accept members it does not desire." Id., at 623. Forcing a group to accept certain members may impair the ability of the group to express those views, and only those views, that it intends to express. Thus, "[f]reedom of association ... plainly presupposes a freedom not to associate." Ibid. The forced inclusion of an unwanted person in a group infringes the group's freedom of expressive association if the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints." New York State Club Assn., Inc. v. City of New York, 487 U. S. 1, 13 (1988). See Boy Scouts of America et al. v. Dale, NO. 99-699, US Supreme Court (6/28/2000).

43. "Rainbow Gatherings" have specific cultural forms of structure, expression and ceremonies, often associated with, similar too, or derived from traditional "hippies." In general, internal Gathering processes are "expected" (by Gatherers) to allow everyone to have a voice if they so choose - equal access/participation/responsibility - and promote cooperative, consensual solutions for any potential conflicts. Noted further, hierarchical forms of association, and unilateral "solutions", are generally unacceptable, shunned, or avoided. To "Rainbow Gatherers', each and every individual should have equal legal "standing," i.e. be considered on an equal basis as anyone else who attends a "Rainbow Gathering' - have equal "ownership" in the mutual expression of unity known as "Rainbow Gathering". Forest Service Incident Command has a different viewpoint - See Montana Trial Testimony, Agent Robin Pogue, on "ownership":

"Agent Pogue: Generally, it's our policy to try to select folks that have probably a little bit more elevation in participation, in OWNERSHIP of the event. Certainly, we could have issued 20,000 tickets, probably, but it probably wouldn't have served much of a purpose. We tried to select people that we knew were bona fide participants." and, "Agent Pogue also explained why Adams was selected for prosecution: "The reason Mr. Adams was chosen, sir, is being familiar with the regulations, the regulations only require that the person be a participant. But given the vast numbers of people that were there, ... is that Mr. Adams was MORE THAN JUST A PARTICIPANT in the event, he was involved at a higher level in the organization of this event." See United States v. Adams No. CR-01-1 I-GF-DWM Appellant's Brief on Appeal, by Atty Willam Hooks, pg 10, May 15, 2001, Dist.Ct.Mt., Judge Molloy, No. 11-21 (emphasis added)

44. In this case, the de facto result of this so-called "Law Enforcement Strategy" was the imposition of a "hierarchical" management structure being put upon all other Gathering Participants. Non-signing participants were thus "forced" to "go through" the signing individual "if they wished to have inpute" into Forest Service management decisions. The normal internal processes of the Gathering were thus circumvented and disrupted by the imposition of a Governmental process that most Gathering participants found objectionable. Consequently, Petitioner and other non-signing gatherers were denied access to decisions concerning important logistics and details of their own cultural expression.

45. Adams/others have found no legal way for any individual or "group" of individuals to claim the right of "legal standing" to be able to Apply for and/or sign a Special Use Permit" for a "Rainbow Gathering" without creating/conspiring with the Forest Service in some sort of "fiction". Under the current Federal judicial rulings (especially as pertaining to Adams), a person cannot appeal FS denial of an application without having submitted a "valid" application, complete with "permit signer signature". See U.S v. Adams, Montana 2000 (on appeal, 9th cir.), and Adams v. US Forest Service, Idaho, 2001.


46. June 21, 1984, the first 36 CFR 251 was instituted by Forest Service. After several court cases where previous forms of this Regulation were found un-Constitutional. In 1995, Forest Service instituted the current form of 36 CFR 251, with the "permit signature requirement". Before 1984, there were "camping permits".

47. Through the many years of "Gatherings", Forest Service has issued many "fictional" "permits" and "authorizations" to individuals, often recruited or coerced to sign "applications" outside of the Gathering. These permits have all been "illegally applied" to these ‘Rainbow Gatherings" with one exception; at "Idaho Gathering" in 1982 a Forest Service unilaterally issued a "Permit" to "Rainbow Family Tribal Council," a forum for a body of individuals within the "Rainbow Gatherers."

48. [Note: No "Gatherer" "blocked" "consensus" on "Operating Plan", signed by ‘Rainbow Family Tribal Council" by an anonymous signer - it was as a result of this "Operating Plan" that said "Permit" was issued by Forest Service.]

49. There have been a number of persons who have signed a "permit' for a "Rainbow Gathering" - All of these "permits' were signed by "self-designated" individuals who had no "legal standing"; many of these "permits' have the name of "Holder" in some individual's name and/or in the name of some other ‘group" NOT "Rainbow Family Tribe etc." and/or "Rainbow Gathering".

50. "Hobson' Choice" consists of a situation: without a "permit" individual/s who attends a "Gathering" of 75 or more persons is liable for criminal trespass. OR an individual can commit "fiction" by stating to the Forest Service their ability to "sign a permit on behalf of" "Rainbow Gatherers". This is also criminal, because in order to sign a "permit" for a "Gathering" a person must have some "legal standing" i.e. legal permission to act "on behalf of" other individuals who attend; signing without "legal standing" constitutes "fiction" i.e. fraud and is in violation of 18 USC 1001. However, Forest Service "conspires" with these ‘permit signers" in ‘creating" a "fiction"; and through the process of "validating" these ‘permits" as legal, exonerate the individual who signs. Forest Service through this ‘arbitrary and capricious" "validation" commit criminal actions, conspiracy to "fiction" and/or violations of civil liberties of "Rainbow Gatherers" who attend "Gatherings" where these ‘fictional' "permits" are imposed. According to the Forest Service:

"D. The signature requirement is a necessary and ancillary part of the noncommercial group use regulation. "FIRST, "by signing a special use authorization on behalf of the group, the agent or representative gives the authorization legal effect and subjects the group to the authorization's terms and conditions." "The SECOND INTEREST served by the signature requirement is deterring intentional false statements to the Forest Service which might cause an erroneous denial or grant of an authorization application." "36 C.F.R. §§ 251.54(e)(1), 251.54(e)(2)(i)(AE). See Adams v. Forest Service, Dist.Ct.Oregon, 1997 (97-1798-HA) Govt.- Motion to Dismiss All Counts -- pg, 28, 29, 30

"18 U.S.C. § 1001(a) criminalizes i.e. "makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. Anyone knowingly or willfully makes or uses any false writing shall be fined not more than $10,000 or imprisoned not more than five years, or both."

51. Individuals have signed "permits" for "Rainbow Gatherings" with no "legal standing", and whether they speak/write the truth i.e. "do not represent anyone else" etc., regardless the Forest Service has accepted these signatures as "valid"; all the while denying "Applications" from persons like Adams who is truthful in his "Applications" concerning the fact he has no "legal standing" to "sign permit".


52. Forest Service has issued "permits" since 1972. First one was a ‘camping permit" in 1976, for "(1st) Montana Gathering", three "permits" have been issued since advent of current 36 CFR 251, 1995:

53. Permitted "Rainbow Gatherings": Forest Service accepted Applications and/or unilaterally issued camping permits for: Montana - 1976, New Mexico - 1977, Oregon - 1978, Arizona - 1979 (all signed by "self designated" individuals with no agreement from other attendees), West Virginia - 1980 (signed by some folks at "Gathering", "under protest"), "First Idaho" - 1982, Forest Service and "Gatherers" worked out "Operating Plan", FS unilaterally issued camping permit. Also a separate ‘permit" was granted to an individual, for another "Site" near the "Gathering" . The intent of the Forest Service was "Rainbow Gathering" (already on a "Site") should move, "Gatherers" resisted, remained - later on, this other "permit" (issued to an individual) was rescinded.

54. Under 36 CFR 251, "permits", all signed by "self-designated" persons with no "legal standing", have no legal right to do so, examples: "Second Missouri" - 1996 (permit applied/issued in Wisconsin, Region 9 H.Q.s.): "Rainbow Gathering Site" re-assigned to "Church of Composters and Composers etc.". signer "Kind Bud"), "Second Oregon" - 1997, (applied for by individual ("under duress") leaving "Gathering", signed in Portland, Oregon, miles from "Gathering");


55. IF any person wants to be a "permit signer," i.e. ‘paper chief", for the "Rainbow Gatherers", that individual would, then, have to appear "at Gathering" sometime during July 1-7, any year, Main Noon Circle, i.e. "Rainbow Family Tribal Council" - a forum for a body of individuals within the Gathering - to call for CONSENSUS i.e. an agreement from all present in this Circle. Then, even IF consensus was reached at this Circle/council i.e. Soapbox or forum for sharing viewpoints, the requesting individual still would have to go around to every other individual, from every "kitchen", encampment and place within the "Rainbow Gathering", to request and receive ‘consensus'; i.e. every person would have to agree individually to someone signing a "permit" (on each individual's "behalf" i.e. agree ‘signer" to be agent) before said "permit" could be considered "valid" for that particular whole "Rainbow Gathering".

56. To my knowledge, NOT ONE SINGLE PERSON has ever sought or received "consensus" i.e. permission, from "Annual Rainbow Gatherers" to sign a permit for "Rainbow Gathering"; therefore any supposed "permit" "signed" for a "Rainbow Gathering" has been signed illegally. Although it must be noted in West Virginia, 1980, a "permit" was circulated and signed "under protest" by a number of "Gatherers" (after shots were fired at "Gatherers" and (in remembrance) two women were murdered, civil rights violated, in West Virginia, traveling to the "Gathering" - according to West Virginia authorities, still unsolved murders).


57. FOR THE RECORD: despite my objections, Adams wants to thank Garrick Beck for being the person to Apply for and receive a "Permit" this year. Adams understands from G.Beck's speech and actions G. Beck applied and signed as an act of Peace, he called "Progressive Middle Ground" and/also as a "social and scientific experiment", in order to established what he called "traditional process of applying and signing"; and so that he could attend "Rainbow Family Gathering." Adams appreciates G. Beck did so in the OPEN, where it could be witnessed, and objected to, by Adams and others similarly situated. Garrick knew (and supported) Adams would be attending with the intention of recording any interactions between Forest Service and him i.e. meetings, re: "Permit Watch"; ALSO Adams would be objecting to the Forest Service violating my civil rights and/or the civil rights of all attendees through this "permit scheme'; Garrick also knew Adams would be sharing this information on July 1st, Main Circle, Noon Council "in Gathering" to other interested "Gatherers" etc.; also, Adams would be using whatever collected information to address these issues in Petition to the Forest Service and/or the Public.

58. [Note: for the entire list of documents Garrick has collected re: this situation, See Index of Documents . In this document re: G.Beck's documents, Adams will cite See G.Beck @ prop1 - incidentally Prop1 is for Proposition One - WorldWide BAN ON NUCLEAR WEAPONS!]

59. It must be noted that it was the fact that G. Beck entered a WAIVER OF CONFIDENTIALITY, which gave Petitioner and other individuals similarly situated the opportunity to witness and LEGALLY OBJECT at nearly every step of the "Application/Permit Process". By way of this waiver of confidentiality, Petitioner was able to Record via "Fair Witness" Video, Audio, etc., this "Authorization Process", and many of the public interactions between G. Beck and Forest Service, in an action called "Permit Watch". Witnessing this 'authorization process" has never been accomplished before, along with objecting, recording. Petitioner has no doubt that he would not be receiving the depth of FOIA, in these matters, if G. Beck had not signed said "Waiver of Confidentiality". See G.Beck docs @ .

60. As noted, this year Garrick Beck, who also has been identified in court/government documents as a "Rainbow Family member", signed an application and permit , "as an individual proponent" FOR ANOTHER "GROUP" i.e. "Individuals Assembling For Expressive Activity And Meditation For Peace". While Mr. Beck specified that he did so only on his own behalf, as an individual - NOT "on behalf of", or "as agent" of "Rainbow Family" or ‘Rainbow Gathering" or "Rainbow Gatherers" i.e. attendees - this G.Beck's permit was nevertheless "APPLIED" to the "Gathering" and "Gathering Participants" AS IF Garrick had signed for "National Rainbow Family of Living Light Gathering", as Incident Command inaccurately defines "Rainbow Gathering."

61. HipStorical Note: In the ‘Ways" (i.e. customs) of the "Rainbow Gathering", individual/s free speech rights are supported. Garrick had a firm political position i.e. "Progressive Middle Ground". Garrick also was involved i.e. volunteered, in the entire "Rainbow Gathering" Process, i.e. stages of "Gathering", Scouting, Spring Circle, appeared, communicated his position at July 1st Noon, Main Circle/council, AND stayed for Clean-up/Restoration. He also agreed to act as a ‘Contact" (every single "Gatherer", who communicates with Forest service and/or Health and/or other authorities is a "contact' - announced or not). See G.Beck's docs. @ for "Progressive Middle Ground".

62. As Adams and others expressed, in their viewpoint, at the Evanston meeting, May 8th: Garrick is an individual engaged in a peaceful act of speech, and carried out through words and actions; and as an individual he has a right to his beliefs and actions, as long as his actions/speech don't discriminate against and/or don't inhibit Adams/other individuals in the exercise of similarly situated rights and/or deny Adams/others "inalienable rights" under the Constitution.

63. Regardless of assurances made by the Forest Service (and UnderSecretary Rey's letter), by limiting communications and "authority" to a single individual from within an otherwise "consensual" association, the government essentially designated G.Beck i.e. "paper chief" and tried to elevate G.Beck's position to that of "chief", "leader', and/or "representative or agent" of "Rainbow Gathering" (despite G.Beck's objections to the contrary). To most "Rainbow Gatherers", regardless of Forest Service claims, a "permit signer" is perceived as a "self-proclaimed leader" or "agent," which is contrary to the norms of "Gathering Culture" and hence objectionable. Much social struggle "in Gathering", and legal struggle has taken place because of this circumstance.

64. Over the years, the FS has used every 'trick' in the book in order to 'manipulate' or 'force' an adoption, within the "Rainbow Gathering" 'customs" or "ways", of a "paper chief', who in turn, becomes a form of "walkin' boss" for Forest Service i.e. does the bidding of the Forest Service. This is an unwarranted intrusion into the 'organizing/political processes' of this "associative assembly". Under Secretary of Agriculture Mark Rey addressed this issue in his letter of 2002, by stating that a "permit signer" could be a mere "contact" rather than a "legal agent". However, this distinction was in effect undermined by Forest Service strategy of limiting "official communications" to the designated signer. This restricted access to agency decision makers effectively "converted" an ordinary "contact" into a de facto agent, by granting such person exclusive access to agency decisions with regard to the Assembly. See UnderSecretary of Agriculture Mark Rey letter, June 2002.

65. Since 1972, Forest Service, for what they call "better management" has been trying to force "Rainbow Gatherings" into submitting a LIST of certain persons who the Forest Service can interact with, a "list" of ONLY a few, certain individuals. These individuals would be the "contacts" who would convey to the rest of the "Gathering peoples" the Forest Service management goals, objectives and/or these "few, certain contacts" would also help the Forest Service in their Law Enforcement goals, objectives.

66. Instead of these individuals becoming a "communication bridge" between Forest Service and "Gatherers", these "permit signers" i.e. ‘paper chiefs" become a type of "walkin' boss" (lackey carrying out the bidding of Forest Service). Forest Service wants ONLY a few persons to deal with concerning these "Gatherings'; "faces" Forest Service recognizes, persons who "get along well" with Forest Service; and persons who will stick to the subjects the Forest Service wants to communicate NOT other subjects like the ones addressed in this Redress.

67. To achieve this purpose, to be able to "govern and manage" the "Rainbow Gatherings" through ONLY A FEW individuals APPROVED by the Forest Service, for issuing Forest Service management directives to the "Gatherers" etc., is a "false dream", a "lazy" form of management and will not work with these "Gatherings".

68. [Note: some smaller "regional' "Gatherings" sponsored and "permits" signed for, by individuals/"groups" - "self-designated" without other ‘attendees" permission - operate similar to the "Annual Rainbow Gatherings" but the "Annual Gathering" is a unique, original event and operates in its own ways and manner.]

69. Forest Service acknowledges the existence of the "Rainbow Tribal Council", as a forum for communications with the "Entity" consisting of the "People who Gather" i.e. "Rainbow Gathering". Incident Commander Jowers, via phone, spoke during the meeting in Evanston, May 8th, quote: "with a legal permit, the two entities should get along better." See also Attachment E, FOIA docs., referring to "Council".

70. At this point, Forest Service main tactic/strategy is to force a "paper chief', a "contact" who will sign as an "agent" (self-designated or not) AND this person can sign up as an individual or as a "group', as long as on the line listed a name is inserted, "fiction" or fact i.e. "group" is real or not -- AND, as in this case, this year, ANY NAME can be used AND Forest Service still will "validate" said "Application/Permit" signing; at the same time Forest Service calls this "signing for the "Rainbow". Then this person/s become the MAIN person/s for Forest Service to speak with concerning management issues i.e. Law enforcement, and "operation plans etc.". This person becomes a "tool" for use by Incident Command to circumvent internal "Gathering process", disenfranchise all but a "chosen" few persons (chosen by Forest Service) from having any responsibility and/or input into situations and/or "agreements", made with "permit signer" and/or accepted by "permit signer"; through this "permit signer" Incident Command de facto "governs and manages" the event, as if it is a Forest Service event i.e. like a major fire.

71. This works most effectively when someone who "signs" is a known, strong personality, knowledgeable speaker, defined viewpoint, long-time "Gatherer" like Garrick Beck. To implement use of this "tool" as a "lever" against the "Rainbows" "governing and managing" their own event/expression, Forest Service inserted the "permit signature requirement", in the latest versions of 36 CFR 251. As a result, regardless of what they agree to; or no matter how much Forest Service say the "signer' is NOT a Forest Service "listed" "CHIEF" for "Rainbow", nevertheless, this year, Forest Service did its strongest move to make G.Beck their (FS) chosen "CHIEF'.


72. To accomplish a "legal gathering" (by Forest Service definition), Forest Service granted many "Waivers" to G. Beck, thus favoring his political and religious position over that of other "Gatherers", other "speakers" like Adams etc... This Year, 2003, as he sought to do in Michigan 2002, G. Beck acted to implement what he saw as the manner/way to work things out between the Forest Service and "Rainbow Gatherers". He called this process a "Progressive Middle Ground". His stated intentions (as expressed May 8th, Evanston Meeting, and at other times), was to set up a "traditional process", a "social and scientific experiment" that would work for future ‘Rainbow Gatherings'. In both actions and words, G. Beck advocated this "political position", which included signing a "permit".

73. CONVERSELY: In 2000, Petitioner Adams was not only DENIED ACCESS as an "individual proponent" after the Government rejected his individual application letter, he was subsequently prosecuted, convicted and sentenced for violation of 36 CFR 251, because he persevered in exercising his Expressive and Cultural practices by attending that year's Gathering. See Montana 2000, Federal Court case U.S. (Forest Service) v. Adams; Currently on Appeal to the 9th Circuit Court of Appeals.

74. In 2003, Adams made similar Application as an Individual, prior to G. Beck's Application and was again DENIED ACCESS for failure to designate a "signer on behalf of group." In the case of Garrick's application, he signed as "Holder": "Individuals Assembling as an Individual Garrick Beck" and was approved - this is exactly how Garrick signed his Permit, all in one sentence, with no comma. Thus Forest Service gave favoritism and waivers to G. Beck, while holding Adams in "disfavor". See G.Beck's docs @ , "Permit".

75. Adams, as Applicant, was offered NO "alternative manner;" no "waiver"; despite participating in several meetings. Adams received a Denial Letter from Region 4 and from Region 5 with NO "alternatives" offered.

76. In addition, Adams has repeatedly requested a waiver, accommodation, exemption, etc.; this year and in other years. In Adams' "Petitions for National Forest Access," 2002, and "Application for Special Use," March 2003, Adams specifically requested an "alternative" to access National Forest for expressive, spiritual, cultural activity of "Gathering"; all to no avail.

77. When Adams asked for a meeting per my application, Forest Service apparently agreed to meet with Adams and G.Beck, who had filed a "Notice of Intent to Apply", concerning his attendance/participation in "2003 Rainbow Gathering". It was Adams understanding this meeting in Evanston was to be "open" for individuals concerned with the event to attend; Adams attended and recorded this meeting. Later, from FOIA documents Adams learns that Forest Service intended to meet, if possible, ONLY with G. Beck (and maybe a few others); AND Forest Service sought to limit "petitions" by these attending individuals concerning the "permit" issue. This meeting took place on May 8th in Evanston. Apparently Adams and others were able to attend this meeting only because G. Beck "waived confidentiality" and endorsed an "open" format.

78. In effect, Forest Service conspired to deny other speakers, citizens, i.e. Adams/others concerned with permit issue, the opportunity to petition Forest Service concerning these matters, and sought to incorporate G.Beck into this "conspiracy" to silence dissent. As this communiqué from Lynn Bidlack concerning May 8th, Evanston Meeting indicates:

"When I talked with Garrick earlier in the week, I expressed our concerns to him about numerous Rainbows attending the meeting. I told him that it would not be productive if we had many people and that the PURPOSE of this meeting was to specifically look at maps, discuss the site locations the FS has proposed (by forest) and review the site locations the Rainbows propose (what they have at that point in time). It was NOT to DISCUSS/DEBATE the philosophy of PERMIT ISSUANCE. He firmly agreed and wants the same objectives for the meeting. However, he is very uncomfortable telling any of the Rainbow scouts that they can Not attend the meeting if they want to. He said that just wouldn't work with them. He will strongly stress to those attending that the purpose of the meeting will be to discuss specific site locations and to work WITH THE FS TO OBTAIN A PERMIT." (emphasis added) See E-mail, Lynn Bidlack To: Malcolm Jowers/R8/USDAFS@FSNOTES, et al. 04/2712003 07:46 PM, Subject: MEETING WITH THE RAINBOWS CONFIRMED SPACE RESERVATION".


79. Garrick Beck was an "individual proponent" for an event on National Forest lands. Prior to this signing, Government maintained individual proponents were unacceptable. Thus when Adams had attempted to apply for his own self, as an individual seeking to attend Gatherings in 2000 and 2001, he was informed that "that no such situation i.e. no waivers, can exist under the regulation." See, U.S. v. Adams, Fed. Dist. Mont. (2000).

"Therefore, the Rainbow Family, not Barry Adams, must apply for and receive a permit for that gathering. Barry Adams or someone else who is designated by the group must complete and sign the application and sign the permit on behalf of the group." See Dennis Bschor letter, Director, Recreation et. al. USDA Forest Service, W.O. (May 2000).

80. On June 15th when G. Beck submitted his Application, Forest Service, Region 4, Special Uses Coordinator, Lynn Bidlack stated to Beck, "We have done about all the Forest Service can do to accommodate you." (Adams acting as "permit watch", Fair Witnessed this meeting, had this video-taped).

81. Ranger Ryberg expressed, May 15, in writing, officially, FS would "accommodate" "Rainbow Family" "right to gather"; not JUST G.Beck's "right to gather". See "Rainbow Family May 15, 2003, UPDATE", Stephen Ryberg, District Ranger.

"The Forest Service will work with the Rainbow Family to ACCOMMODATE their right to gather on the National Forest subject to reasonable restrictions to provide for the health and safety of forest visitors and participants, and to minimizing adverse impacts to the environment. The Forest Service will also participate with state, county, and local agencies to coordinate law enforcement, health and safety, and public information needs."

82. On June 17th when the Permit was read aloud before Garrick signed it, Forest Service offered Beck more waivers, by crossing out specific language and altering specific wording;. FS changed Clause 11, in Part II, of the Permit, removing the words "SIGNS AS AN AGENT OF THE HOLDER AND ". The name ‘Rainbow Family etc." was removed/changed on Application, Permit, Operating Plan - this was done by Forest Service and G.Beck. All these documents were changed to be in G.Beck's name and/or Individuals Assembling as an Individual". See G. Beck's docs. @ , Application/Permit - "Individuals Assembling as an individual etc.", June 17, 2003.

83. Forest Service' acceptance of G. Beck's "name of group," "Individuals Assembling," endorsed the existence of an "entity" separate and different than "Rainbow Family". However, in practice, this was a "fiction" used to APPLY the permit to the "Rainbow Gatherers." The result was a legal situation where "officially" ONLY G. Beck was contacted and met with about Forest Service decisions and policies concerning the whole Gathering. This "PREFERENTIAL TREATMENT" transformed Garrick from "Contact" to de facto "leader", "paper chief" into de facto "decision maker".

84. G. Beck had a specific political platform, a specific form of speech and petition, which was given favor over all others. This included Forest Service support for his adding a step to application process; i.e. "Notice of intent to apply." Forest Service agreed to consider, to pass along up the line, G. Beck's suggestion of a "Application pending status", a further waiver that could have been implemented to "buy time" and avoid a unilateral Forest Service denial based on unresolved Utah State/County health concerns. See Attachment F, FOIA, re: G.Beck's "pending status". See G.Beck's docs. @ , "Pending Status".


85. According to G.Beck, at the Evanston Meeting, one of the main reasons he advocated his Progressive Middle Ground and submitted an Application and signed a Permit was for "Space Reservation" for a "site" within the National Forest system.

86. However, on June 15th, when Beck was preparing to submit his application, Incident Commander Malcolm Jowers stated clearly that more than 75 people were already occupying the area. And the 'family" i.e. "Rainbow Gatherers" were already there, and not likely to leave, "you know it, and I know it", said I.C. Jowers. Thus the area was not "open" for scheduling at the time G. Beck submitted his Application, on June 15th at 4:20pm (according to I..C. Jowers watch).

87. This was one of the main moments when Forest Service actions directly violated Adams/others "Gathered" in "Peaceable Assembly" on a "Site" i.e. "Rainbow Gathering". Specifically, by accepting G.Beck's Application as "valid", with Beck listing as number of attendees/participants thousands of people and the "site location" descriptions for G.Beck's "group" request for "reservation' matched that of the "Rainbow Gathering". Forest Service essentially "invalidated" the right of the "Rainbow Gathering' to be at this "Site", while accepting G.Beck's Application, calling it "valid", giving G.Beck the "space reservation", WITHOUT ANY NOTICE TO THE "RAINBOW GATHERERS".

88. Normally, if a "peaceable assembly" (or other recreation event) was on a "Site" i.e. space reservation, in national forest illegally, Forest Service NOTICE would be given; if the Gathering/Gatherers did not move, citations would be issued, illegal "occupiers" would be cited and/or removed. Then "Site" would be checked for resource impact: next, if the "Site" was okayed, another event or "group" could then Apply for said "Site". In very similar circumstances, when 'illegally occupying", Adams was cited "Oregon Gathering" 1997. NOTICE was (then) given by Forest Service to "Rainbow Gatherers, etc.", to leave or be cited. NO NOTICE was given this Year in Utah, nor was an "alternative" "Site" offered to "Rainbow Gathering". An EXPRESSION IN MOTION, a "religious exercise", a "living prayer and/or petition", (in the minds and hearts of "Rainbow Gatherers"), a "forum on national forest" was 'arbitrarily and capriciously" WAS OFFICIALLY DENIED EXISTENCE i.e. "OFFERED NO ALTERNATIVE SITE", and in its place, this self-same "Site" was GRANTED for USE to G.Beck, a "lone individual", even though Forest Service Regulation 36 CFR 251 mandates Forest Service "shall offer an alternative".

89. Adams/other "Gatherers" were TOTALLY DENIED A FORUM, ACCESS TO A SITE ON NATIONAL FOREST FOR "RAINBOW GATHERING 2003", OFFICIALLY on Forest Service documents, i.e. on paper. Regardless, "on Ground" - actually on "Site" the ACTUAL "Rainbow Gathering" continued at the "Site" chosen by "Gatherers", ceremonies took place, celebrations happened, and after the "Scattering" "anonymous" volunteers stayed for Cleanup/Restoration. G.Beck's "permit" had no legal basis in fact - also very little actual effect on "Rainbow Gathering"- regardless of Forest Service statements to the contrary; despite Forest Service violations of 36 CFR 251 through this Forest Service "fictional" "validation" of an "individual proponent" Application/permit.

90. Then, on June 17th, when his Permit was officially granted, and Asst. District Ranger Tracy Hollingshead, G.Beck and others, went over the specifications for the permitted area, for G.Beck's "permit", adjustments were made to include every area where "Rainbow Gathering" was already in place and space, already "Gathered."

"Government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views." Police Department of Chicago v. Mosley, 408 U.S. 92, 95-96 (1972).

91. It is clear "Rainbow Gathering" already occupied the site when it was subsequently applied for and granted to Garrick. According to Forest Service, "Rainbow Family has a right to Gather", yet they accepted G. Beck's Application for his designated "group", "Individuals Assembling", to take over the very site of an ongoing expressive Gathering.

"2. Individuals Assembling For Expressive Activity and Meditation for Peace (the holder) is hereby authorized to use, subject to the terms of this permit, National Forest System lands described in and as shown in attached Exhibit(s)B. This permit covers approximately 4,000 acres and/or n/a miles." See Part II - Permit, G.Beck, FS-2700-3b (3/98) OMB No. 0596-0082

92. During the Application and Permit meetings, Adams spoke up and said, "Individuals Assembling etc., is "Garrick's Fan Club;" by which he meant to indicate those individuals who camp with and/or support G. Beck's legal position AND "Garrick must think a lot of people are going to stop by at his campsite." This may sound like a joke, but Adams said it to remind "all parties" G.Beck wasn't acting for the "Gathering or Gatherers". At various times, Adams advocated for G.Beck to apply for ONLY his campsite; he was not willing to just Apply for a Permit for his own campsite, but rather for the entire "Site". And in his Application he states not just over 74 persons, but gives thousands as the number of Attendees at his "Site".

93. In effect, Forest Service had no right to give "Rainbow Family Gathering" Site away to any one other person, even an attendee. Legally or illegally, "Rainbow Gathering" was already there, with Malcolm and Forest Service acknowledging this fact, yet, Forest Service moved ahead and accepted G. Beck's application and issued a "permit" for the same Site. Note: The letter granting the "permit" is addressed to Mr. Garrick Beck, and grants his application; nowhere is there a mention of a "group" etc., it is plain G.Beck is the "Permit Holder', and "individual proponent" See Attachment G, FOIA, on G.Beck as "Permit Holder", see also, Ltr. "granting... application", G.Beck docs. @ .

94. G. Beck, in writing and verbally, repeatedly indicated he was acting as an "individual proponent", not representing the "Rainbow Family etc"... therefore, his claim's on the same Site i.e. "soapbox", forum, as the "Rainbow Gathering" should have been rejected, after all he wasn't signing for "Rainbow Gathering".

95. "Rainbow Family Gathering" had a "right" to be, and the "right" to reach its' "intended audience" i.e. those folks who attended the "Gathering", and should have been 'accommodated": Opinion, 9th Circuit Court of Appeals, concerning right of a "speaker" "to reach the "intended audience":

"In Bay Area Peace Navy... did not leave open ample alternative means of communicating the protesters' message. 914 F.2d at 1229. We stated that "[a]n alternative is not ample if the speaker is not permitted to reach the `intended audience.' " "The First Amendment protects the right of every citizen to `reach the minds of willing listeners and to do so there must be opportunity to win their attention.' Because RWHP was left with no alternative that allowed it to reach its intended audience... application of the permit regulations also failed to satisfy the final requirement for valid First Amendment restrictions." See Bay Area Peace Navy v. U.S., 914 F.2d 1224 (9th Cir. 1990) .

96. In short, G.Beck, acting as an "individual proponent" (his own words) separated himself (accompanied by whatever individuals in support of his "position/speech"), formed a "group" ("Individuals Assembling, etc.", persons acting in expression), then "acting as an individual" G.Beck submitted an application and permit that was acceptable to Forest Service, for an area of national forest land already occupied as "space" for a "forum/soapbox" by "Rainbow Gatherers".

97. I.C. Jowers stated firmly in an e-mail:

"There is no case where a magistrate judge or district court judge ruled that an individual could be issued a noncommercial group use permit. In fact, in granting the Government's motion to dismiss in Adams v. United States, No. 4:01-cv-295 (D. Idaho Mar. 8, 2002), the court rejected this claim and ruled that the Forest Service properly denied the application submitted by Mr. Adams because it failed to state the name of the person who would sign a permit on behalf of the group." Malcolm .Jowers, NIMT, to Eliyahu Simchah, e-mail, 05/28/2003

98. Forest Service "granted" a "waiver" accepted G.Beck's application/permit for a forum/soapbox on national forest land, as "valid" then (illegally) APPLIED it to a pre-existing Peaceable Assembly, i.e., "Rainbow Gathering", on the same intended site. As an aside, the Courts have declared G.Beck as being a 'rainbow family member" (with "ownership"), he has been cited etc., See U.S. v. Kalb, Beck et. al.. HOWEVER, G.Beck declared on many occasions he was NOT acting as a "Rainbow Family member" rather, G.Beck declared he was acting "as an individual" and/or ONLY as "Individuals Assembling as an Individual", not as a "agent, representative, leader or "on behalf of" "Rainbow Family/Rainbow Gatherers" or anyone else:

"Granting waivers to favored speakers, (or more precisely, denying them to disfavored speakers) would of course be unconstitutional, but we think that this abuse must be dealt with if and when a pattern of unlawful favoritism appears, rather than by insisting upon a degree of rigidity that is found in few legal arrangements."." See Thomas et. al. v. Chicago Park District, No. 001249. 1/15/2002 .


99. Resource themselves apparently were under threat from LEI for not being hard enough on "Gatherers". To the credit of Resource personnel assigned "on Site", their methods of communications and cooperation were appreciated by Adams, other attendees. Their methods did not include 'threats"; rather sound arguments based on environmental impact issues, as is desired. Through Respectful communications, "On Ground" Resource personnel became highly skilled in communicating with "Gatherers", and found a great deal of cooperation.

100. In a recent post-gathering statement to the Forest Service, G. Beck states a number of ways the Forest Service did not uphold their part of their agreements to him. In this document Adams points out there are several more. See G.Beck's, Notice of Non-compliance, G.Beck's docs. @ .


101. These folks were manipulated by LEI Incident Command, (as in years past) for purposes of acting as de facto law enforcement, to spread mistruths, false agreements, even do law enforcement surveillance, these folks efforts 'lacked integrity" at crucial moments. For example: District Ranger Ryberg's action: After the question was asked all around the circle people at the table, "anything else?" "Good-byes'" were being said, (at the May 8th Evanston meeting); Ryberg, hands Garrick off to the side, the Utah Health Permit, an action so clearly seen on the Video of the Meeting. Ryberg tells Garrick, very quietly, a few comments on this permit as something needed doing. Observing this, Adams (and Brian Michaels, another individual), asked Ranger Ryberg as to what he handed to Garrick, Ranger Ryberg responded by talking about "fire ban". [This was after all the lot of talk of cooperation, no "hidden pitfalls", open communications earlier in the meeting, etc..]

102. In Letters from Elizabeth Close and Lynn Bidlack in Forest Service concerning handing the Utah Regulations to G.Beck, FS write the Utah health permit was 'brought up" and at the meeting "discussed the Utah Health regulations". These Letters "lack integrity". G.Beck in his comments on this meeting also says Ryberg handed over this document, Quote "We received this...". Rather, Garrick received this "permit" document, later shared it with others. If it had been brought up "in meeting" it would have been a lively discussion. See Attachment J, Letters from Liz Close, Lynn Bidlack et. al., also G.Beck's comments concerning this issue. See G.Beck's docs. @ .

103. Tracy Hollingshead showing up with G.Beck' "permit" on June 17th, with the name "Rainbow Family' in place of "G.Beck/Individuals Assembling etc.", AND, the name "Rainbow Family" was on the "Operating Plan" which was to be a document worked out between Attendees and Forest Service, not unilaterally proffered to G.Beck, along with his "permit". after all the rap and many meetings on the subject. (G.Beck's "permit" had to be changed). This happened also with Clause 11, regarding "agent" status.

104. All the FOIA information sent to me is all in the name of "Rainbow Family", except for G.Beck's Application and actual "signature". In other words, in all ways possible, if Adams, and G.Beck had not "objected' to the way these documents were written "on the spot", they would not have been changed. And it is fairly obvious, until G.Beck spoke up, and even brought out his "Michigan Permit Application, 2002" (where I.C. Malcolm Jowers "crossed out" the words "as agent of" in Clause 11 and got confirmation from UnderSecretary Rey) BEFORE Tracy would make any changes.

105. According to Documents obtained FOIA, Incident Command was repeating a "falsehood" both to the public and to the District Ranger Ryberg who was informed that 2003 was first time "Rainbow Family" ever "applied" for a "permit" and that no "permits" were ever issued to "Rainbow Gatherings'. Even a cursory examination of any previous Forest Service "Gathering" Reports indicate there have been "permits" (even if "illegally applied" and/or in other "groups"/individuals names) issued by Forest Service for said "Gatherings', both for the "Annual July" and various "Regionals". See Attachment H, Letters FOIA, stating "first permit ever issued".

106. District Ranger, Forest Supervisor, Special Use co-ordinator Lynn Bidlack, etc. i.e. Resource and Recreation, joined in with Incident Command LEO's; all sought to meet ONLY WITH G.Beck, ONLY AT G.Beck's campsite, about "operational" matters concerning the "Gathering"; not just discussions concerning his "individual permit".

107. In their "Daily UpDates" - messages, public information announcements - "Individuals Assembling/G.Beck" as the "Permit Holder" was scarcely mentioned; rather, "Rainbow Family" was mentioned as being "Permit Holder". This also is well documented in their FOIA e-mails and letters from Region to Chief, also, Letters to Regional Foresters etc.. See Attachment I, FOIA Documents, Daily Updates etc..

108. Some Forest Service, particularly Resource and Recreation, staff level folks, knew they were dealing with all sorts of individual "attendees", "kitchens, and other work crews interwoven spaces, and that all the "hubbub' going on was a "Rainbow Gathering". They knew G.Beck, and knew that G.Beck WAS NOT REPRESENTING THE "RAINBOW FAMILY" and/or "Rainbow Gatherers". They understood, "Rainbows have no leaders or followers, no hierarchy, and no permit signers" YET, at the behest of Incident Command, Resource and Recreation promoted to the Public the "fiction" that "'Rainbow Family' had applied for a permit for the first time". See Attachment J, FOIA FS Documents. "Rainbow has no leaders".

109. The clean-up letter sent by Steve Ryberg is not addressed to Clean-up Crew volunteers - an anonymous crew of volunteers - rather it is addressed to G.Beck, and it is written (as if) G.Beck and his "group" "Individuals Assembling" had done "cleanup" rather than the individuals, volunteers i.e. "Rainbow Gatherers", who were/are NOT "members", NOR PART OF G.Beck's "group". Adams has been on many clean-ups of Gatherings. One of the enjoyments of the "Rainbow Gathering Experience" is one in which "Anonymous" persons, so dedicated they remain humble, and volunteer for the sake of the Earth and the People, who know or don't know these volunteers are there to help do clean-up and restoration. Many persons (nearly all) who stayed for "cleanup" were against G.Beck's "permit signing".

110. Adams personally discussed this with Steve Ryberg, in a phone call, before he wrote the letter. and Adams asked him NOT to address the letter to G.Beck or to "Individuals Assembling". Adams told him this could be a detriment to people volunteering "energy" for further "Gatherings". Though Ryberg told Adams he would respect the actual "clean-up crew", nevertheless, he disrespected these persons, and basically gave "G.Beck/Individuals Assembling etc." the clean-up credit (Note: also over the objections of G.Beck). Not only does this create problems with future clean-up crews, but it takes away from the experience some folks call 'magical", i.e. the way in which Gathering Sites are Cleaned Up and Restored... "Leave No Trace" started with "World Family Gathering" 1972, Colorado, first of what is known as "Rainbow Gathering".


111. Incident Command, and Special Use Co-ordinator Lynn Bidlack, others, did not keep their agreements to Adams, other attendees. In a recent post-gathering statement to the Forest Service, G. Beck states a number of ways the Forest Service did not uphold their part of their agreements to him. In this document Adams points out there are several more. See (Adams) Video, Evanston Meeting, May 8th - submitted by G.Beck with "Application", June 15th.


112. In the meeting on May 8th, at which Petitioner Adams was present, Forest Service representatives stated that the Operating Plan for the Gathering would be worked out on Site with Attendees, NOT as part of Garrick's Permit. Liz Close, Regional Recreation Supervisor, said it would be a "growing, flowing document". However, when G.Beck's "permit" was issued (June 17th), the Forest Service had attached an "Operating Plan" made out to the "Rainbow Family." Adams called this into question immediately and the name on the document was changed from "Rainbow Family" to "Individuals Assembling." Subsequently, however, the same document was APPLIED to the "Gathering" just as if the name had not been changed. See Video, May 8th Evanston Meeting, also G.Beck's comments, docs. @ .

113. This unilateral Operating Plan issued by the Forest Service created numerous problems within the Gathering when its provisions were imposed upon "Gatherers" who were unaware of, and not a party to these agreements. Interestingly, the Forest Service District Ranger issued "Executive/Closure Orders" - based on 36 CFR 261, with content similar to some provisions of the Operating Plan; as if to "cover" the agency legally, possibly in case someone "challenged" a violation issued under "authority" of the bogus "permit".


114. Another major failure of Forest Service to keep their agreements to Garrick, was the matter of "collective liability". This issue was gone over in great detail at the meeting on May 8th, and during the changes (waivers) made during G.B.'s Application and Permit. As Signer, Beck was to have no "collective liability" and his "Permit" could only be revoked or suspended IF Beck, personally, did something wrong. Yet, FS suspended G.B.'s "Permit" based on actions of attendees at the "Rainbow Gathering", NOT "members" of "Individuals Assembling etc.", NOT due to Garrick's own personal behavior. Hence, Garrick was assigned 'collective liability" and his "Permit" was partially suspended.

115. During the Gathering, Forest Service issued to G.Beck, a "Notice of Non-compliance", concerning his "permit", based on the actions of "Rainbow Gatherers" - none of the people who received violations/warnings identified themselves as being part of "Individuals Assembling, etc.". This provides factual evidence of how Forest Service "reneged" on their agreements concerning "no collective liability " and used what other folks did on the land, and in other folks's relationship to the Federals. See "Notice of Non-compliance" issued to G. Beck, June 26th, See G. Beck's docs. @.


116. (1) Some record of a "permit process" related to a 'Rainbow Gathering" is now available as evidence.

(2) This record shows the lengths to which Forest Service will go to maintain a 'fiction', construct a 'fraudulent" "permit" process; all to avoid dealing with the peoples they should concerning these "Rainbow Gatherings" i.e. "Rainbow Gatherers".

(3) This record shows the 'arbitrary and capricious" manner in which Forest Service provided "waivers" and "favoritism" for G.Beck, an "individual proponent" to obtain an "permit".

(4) It is likely UnderSecretary Mark Rey found it easier to maintain the "Gathering" under the authority of Agriculture, Forest Service, rather than Justice Department, by pointing to the fact a 'permit" was applied for (by G.Beck) for a "multiple use" Site. See Section XL., para. 211, this Petition.

(5) Many "Gatherers" and concerned persons, "tuned into" this "Application/Permit Process" - a few positively and in most cases, negatively. This "permit process" has effectively been exposed, in my opinion, exposed for being what it is, a "scam' to deny access to national forest to Adams, "Rainbows", "hippie-types" and similarly situated peoples.

(6) G.Beck did have better access to the Forest Service 'ear", AND was able to file documents like his "Notice of Non-compliance", and other notes and letters to the Forest Service, even critical letters, and the Forest Service paid attention to his "issues" i.e. answered. It seemed to have made little difference as to their tactics and actions.

(7) The May 8th, Evanston Meeting was a "hipstorical" event. It has been many, many years since such cooperation and communications, between "Gatherers' and Resource and Recreation Forest Service took place concerning "Siting' a "Gathering" on the scale as took place this Year. AND never has there ever been such an opportunity to "fair witness' and 'record" Meetings, with Resource or Law Enforcement AND this afforded an opportunity for persons to "legally object' to the 'permit process".

(8) Over the years, Forest Service has "used" the "permit signer" issue to create incidents which have led to "Gatherers' being cited and arrested for a variety of reasons. By Garrick "applying/signing", regardless of its "illegality", at least peoples didn't receive so-called "Gathering citation".

(9) Forest Service "granting' G.Beck a "waiver" i.e. alternative, MAY open the door legally for Adams/other individuals similarly situated to likewise be "granted" "waiver" i.e. alternative.


117. One of the biggest negative consequences of the Forest Service creating a "paper chief" is the gradual displacement of "Event" responsibility from all individuals to a single person. For instance, as heard around the fire at "Montana Mudd" Kitchen: "Hey, how come that permit signer, Garrick Beck, doesn't do something about all the LEO's harassing people. After all, it is his permit." Even if only some persons who attend the "Gathering" get the idea that somebody else is responsible for what happens at the "Gathering", then the "Gathering's" cultural values/principles of "spontaneity", "self-reliance"and "individual participation" are eroded. Those persons and others will not recognize their own part in this responsibility, i.e. what the Forest Service call "ownership", and won't feel empowered to step up to an issue and deal with situations. This constitutes a major loss of the cultural essence of "Rainbow Gatherings;" i.e. self-reliance becomes "someone else is in charge".

118. An example of where this leads can be seen in what happened at a small "regional gathering", or "Rainbow-style" event, held on National Forest in Colorado, this summer, sometime after the "Utah Gathering." Apparently, someone signed a "permit" for the event without anyone else's agreement, and then disappeared (possibly someone using a fictitious name, or, someone opposed to "Rainbow Gatherings"). Later, when it came time for Cleanup, no one stayed. The District Ranger, in an effort to seek help, contacted various "Rainbow hotlines" featuring information and Internet communication list serves concerning "Rainbow Gatherings." In her message, the Ranger threatened to report the "Gatherers" to the "National Rainbow Organization" if cleanup wasn't satisfactory. Apparently, to arrange for clean-up, or penalize the regional event by reporting it, ostensibly to some "rainbow overseers". The Ranger was apparently unaware that no such "overseers" or "National Rainbow Organization" exists. See E-mail (excerpt) sent Adams, concerning Regional in Colorado, reads:

"We just had an interesting thing happen here in CO. The local district ranger just left a message on the Lightline. They wanted to remind the permit signer for the "regional" that if cleanup wasn't done, they were going to "report him to the National Rainbow Organization" for failure to comply."

119. However, when this request by an uninformed Ranger was posted to the Internet, it led many people to object (on the Internet bulletin boards open for these discussions etc.) to what they believed it implied: namely, that some "permit signers"(and/or supporters) had actually formed into such a "National Rainbow Organization" and were now presuming to dictate to others. This may sound silly, but the real here issue is "Who did the cleanup?" In fact, anonymous volunteers took care of it. But what does this say about the event permit? Really, when someone signs a "permit" without the knowledge or agreement of other attendee/participants, there is really no recourse to contact the responsible parties if something goes wrong. By sponsoring such "fictional permits", assigning responsibility arbitrarily, the Forest Service only undermines the legitimate purpose that a permit was supposed to provide for to begin with!

120. The creation of a "paper chief" puts the Gathering attendees/participants at risk from arbitrary, or non-inclusive decisions of one individual that may not reflect the Culture or views of other Attendees/Participants.

121. In applying for and signing his "permit", Adams believes G.Beck had the best of motives, and went out of his way to "deflect" any attempts upon Forest Service to make him more than a 'contact'; i.e. "paper chief". However, IF some other person with less honorable motives had signed, this could have even more severe consequences for the Integrity of the "Gathering processes". For example, what if a signer believed that he/she should act as a "walking boss" for Forest Service to "govern and manage" i.e. to "direct" all aspects of "Rainbow Gathering" logistics, celebrations and ceremonies? This would further erode the "Gathering's" internal processes and conflict with the Cultural values of "spontaneity", "self-reliance" and "participation." Similarly, what if the "paper chief" decided he/she just "didn't like" some individual, "group" or "kitchen" at the "Gathering" because of personal dislike or ideological or political/religious differences and ordered them to leave. What would happen? Forest Service would act to aid the "permit holder/signer"?


122. In other ways, people felt they were slighted, misinformed, or otherwise "not in the loop" concerning important "Gathering issues" because they were not in communications with G. Beck, or could not, or did not make a special effort to be near G. Beck at times when he might be approached by Forest Service officials. This was particularly offensive when Forest Service personnel stated to people that if they wanted to talk to Incident command they should go through G.Beck. I.C. Malcolm Jowers made just such a remark to Adams, others at G.Beck's 'permit signing", June 17th.

123. These "Fictional permits" come in many types and were used in "Missouri Gathering" - 1996 and "Oregon Gathering" - 1997 this was surely the case; "Idaho Gathering" - 2001, an "application" was taken from someone in D.C. (an individual only representing himself), while hundreds of people were already in "temporary occupancy", "on Site" in Idaho. Although the D.C. "application" was denied, on "environmental grounds", the "application" was considered "valid" because an individual (self-designated) agreed to "sign permit" - with no "legal standing", no acceptance or agreement (or knowledge aforehand hand) upon the part of (nearly all) "Gatherers".

124. At other "Rainbow Gatherings" ("regionals" as they are called, among many names), persons passing by on the road, driving through as a 'tourist" i.e. someone only there "for a few minutes" have become persons Forest Service have 'drafted' into "applying for and signing permits". Adams was at a "Northeast Regional" in 1999, where this exact circumstance took place. Ranger Nort Phillips boasted of this action, proud he had obtained a 'signed permit". The woman who signed drove on through, did not attend the "Gathering" - someone who was curious - once she had signed, she left, didn't actually "Gather".

125. Sometimes these "applications and permits" have been signed by persons who have not yet arrived at said "Gathering' and/or have left said "Gathering" (Oregon 1997 permit signer), therefore they had little or no connection i.e. as Forest Service called it "ownership" i.e. expressive rights, in the "Rainbow Gathering" (F.S testified Adams had "ownership", as part of reasoning for citing Adams, Montana Trial 2001). Forest Service has used these "individuals" as "permit signers" as part of the "scheme' to publicize they have "forced' "Rainbow compliance".

126. All of these "individuals" who have signed these "applications/permits" can only have done so because of some legal "waiver' upon the part of Forest Service. They must have had such a "waiver', otherwise, how could they have signed with no "legal standing". The Forest Service is well acquainted with "Rainbow process", so they know these "individuals", some only at "Gathering" a "few minutes" were not persons with "ownership" i.e. know little or nothing about the "Gathering" and/or "operational aspects' of "Gathering" required to fulfill "Operating Plans' and/or "Rehabilitation plans" etc..

127. It has been the contention of the Forest Service, and the courts, that any waiver, "alternative manner of use", "would effectively eviscerate the special use authorization process." Id. at 831 - See ORDER, Chief Montana District Judge Molloy, 10/2/2003, U.S. v. Adams.CR 01-11-GF-DWM.

"See Masel, 54 F. supp. 2d at 920 ("T]o credit defendants argument would allow the Rainbow Family or any other group to avoid the permit requirement simply by maintaining that it had no leaders or agents that could sign the permit, thereby gutting the entire special use authorization scheme.") See U.S. v. Kalb, Beck, and Sedlacko, Crim. No(s) 99-0074ME, 99-0075ME and 99-0076ME (W.D.Penn., 2000), [pg.23].

128. Obviously, giving G. Beck (in Utah this year) a "Waiver" has not destroyed the special use authorization process; however, it has "exposed' this "permit scheme" for what it is, an attempt to ALTER the NATURE of this Event/expression. Any and all the other persons who signed "permits" "illegally applied" to the "Rainbow Gatherings" were given defacto waivers - none were "designated", nor legally able to act "on behalf of" "Rainbow Gatherers" assembled in expression.

129. Additionally, another "peaceable assembly for purposes of expression" i.e. Earth First Rendezvous, 2001, in a national forest located in Wyoming, was given a "waiver', an "alternative" i.e. Forest Service issued 'authorization' i.e. "permit" after a satisfactory "operating plan" was worked out with "Attendees/Rendezvous".

130. To end these "fictional permits" Petitioner Adams is requesting a simple bureaucratic step: Petitioning Forest Service to exhibit an acceptance of the "cultural" differences inherent in the Creed of "Rainbow Gatherings", and individuals like Adams/other individuals similarly situated; AND adopt a non-discriminatory manner of applying 36 CFR 251 to Applicants/attendees like myself, and to "Rainbow Gatherings". Equal Protection.


131. G. Beck, upon signing his Application on June 15, wore a "Black Armband", "mourning the loss of liberties.", while repeating his statements of acting only as a "lone individual". See Attachment K, "Black Armband" info sheet handed out while G.Beck was handing in his Application, see also, FOIA documents concerning "Black Armband". G.Beck Index of Documents .

"13. June 15, 2003 PERMIT APPLICATION At that meeting many speeches were made about how this process was reducing our rights. Specifically, as the Permit signer, I expressed my own sense of diminishment of Constitutional guarantees, and how I was doing this as a lone individual. Black armbands were worn, as explained, "mourning the loss of liberties." I gave them a properly filled out application. I signed "as an individual.""

132. Signing "under protest" is equal to signing "under duress" and any agreements signed "under duress" or "under protest' are on "shaky" legal grounds in a court.

"In the long line of cases, this Court has afforded First amendment protection to expressive conduct that qualifies as symbolic speech. See, e.g., Tinker v. Des Moines School Dis., 393 U.S. 503 (1969) (black armband worn by students in public school as protest against United States policy in Vietnam war); Stromberg v. California, 283 U.S. 359 (1931). See Dissent, Clark v. CCNV: Quoting Spence v. Washington, 418 U.S. 405

133. Forest Service acknowledged G.Beck's "protest", "mourning" of rights, and his acting only "as an individual". See Attachment L, Permit Holder, Special Use Permit Issues and Concerns, section, "2003 National Rainbow Family of Living Light" report, Lynn Bidlack.

"Permit Holder: "In 2003, Garrick Beck signed the permit application and the permit clearly identifying himself as the permit "contact" - not as an agent of the permit holder, Individuals Assembling for Expressive Activity and Meditation for Peace. At the time of the permit signing, Mr. Beck expressed his objections to the permit requirement by wearing a black armband."


134. In Montana, in their statements to the court, Government (U.S. Attorneys' acting on behalf of the Forest Service) stated that the Forest Service merely wanted a "signature" (permit signer) for the purpose of having a "contact' for the event. And UnderSecretary of Agriculture Mark Rey's Letter, June 2002, states "permit signing" doesn't mean someone is a "leader" or "agent" rather is just a "signer" as 'contact" for 'notice of actions" concerning the "permit".

135. Adams contends here Incident Command, as operated by NIMT Commander Malcolm Jowers and company, is dedicated to "governing, managing" the "Rainbow Gathering" as if it was a Forest Service event, NOT an event "governed or managed" by the "Attendees/participants":

Subject: Re: rainbows: "The bottom line boils down to a couple of simple issues." "FIRST, the Rainbows do not want to get a permit and they have refused to do so for a national gathering since the new regs came out in 1995." "SECONDLY, the Rainbow Family wants to GOVERN AND MANAGE THEMSELVES while they gather 20,000 plus folks together to use the national forest. THEY WILL THEN ADVISE YOU IF THEY THINK THERE IS A PROBLEM OUT THERE. Line officers such as yourself and Walt Rogers typically are very concerned with the appearance of a DOUBLE STANDARD that affects other users such as miners, loggers, grazers, trout unlimited, sierra club, and on and on, WHO ARE NOT AFFORDED THE OPPORTUNITY TO MANAGE THEIR OWN USE ON NF LAND. So the message we try to convey to the family is that we recognize their right to gather on national forests, but WE AREN'T GOING TO GIVE AWAY THE FARM SO THAT THEY CAN HAVE A BIG PARTY WITH NO ATTENDANT RESPONSIBILITIES." (emphasis added) See Attachment M, FOIA doc., email - Malcolm Jowers, Supervisory Special Agent, Incident Commander NIMT, U.S. Forest Service, To: Stephen M Ryberg/R4/USDAFS

136. National Noncommercial Group Coordinator Incident Commander Special Agent Malcolm Jowers puts it all on the line with these statements: "SECONDLY, the Rainbow Family wants to govern and manage themselves while they gather 20,000 plus folks together to use the national forest." As a matter of fact, SELF-RELIANCE is a very big issue, particularly concerning Speech and Expression, Peaceable Assembly - it ought to be noted on May 8th, Evanston Meeting, the subject of "law enforcement" came up, with Adams (and others) speaking up for "self reliance" i.e. handling internal security for the Gathering through Shanti Sena: "Rainbow" form of neighborhood watch. I.C. Jowers goes on: "THEY WILL THEN ADVISE YOU IF THEY THINK THERE IS A PROBLEM OUT THERE." LEI Dave Ferrell agreed with this way of handling problems and said, "you can handle things like that yourself or you can call on us." Note: this form of "law enforcement" would be best, particularly since many of the LEO's assigned to the Gathering tend to be antagonistic toward "Gatherers". These persons are the LEO's Adams referred to as 'bad boys" in Evanston, as in "Malcolm, are the 'bad boys" going to be assigned to this Year's Gathering?" See Adams ("Permit Watch" video) May 8th Evanston, Wyo.

137. And I.C. Malcolm's perception of the "Gathering" as just "A BIG PARTY WITH NO ATTENDANT RESPONSIBILITIES" is wholly a "heckler's veto" toward this event. I.C. Malcolm has been around for years, and obviously has little or no respect of the event and/or of "Gatherers". Even though I.C. Malcolm has been coming to "Gatherings" since 1987 (as LEO) he mis-interprets the "Gathering" deliberately; or the "Gathering/Gatherers" is "incomprehensible" to I.C. Jowers and the rest of the "hardline LEO's" (like LEO Boreman - See Adams Complaint, filed Sept. 2003).

"Religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection." Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707, 714 (1981).


138. In the FOIA information Adams received from Region 4, is an "UpDate", wherein District Ranger Ryberg expresses his hope the "Rainbow Family" will not come to his area. In this document and others of similar ilk, Resource and Recreation and Law Enforcement write an endless stream of disparaging comments. All of these comments amount to a "heckler's veto' in spite of whatever assurances Forest Service has given to the public, courts, and U.S. Attorneys prosecuting these "Rainbow cases".

"Recently some members of the Rainbow Family met with the Forest Service in Evanston, WY to start the process of selecting a site for the gathering that would be acceptable to the Rainbow Family and allowed under the permitting process. Currently the Rainbows have not selected a specific site for their gathering. However, due to the interest they have expressed in the Uinta Mountains I wanted to make sure you were aware of this potential impact. There are other locations besides the North Slope of the Uintas that are being considered by the Rainbows, WITH ANY LUCK THEY WILL NOT COME HERE." (emphasis added by Ryberg), See Steve Ryberg, District Ranger, "Rainbow Family, UpDate", May 15, 2003

139. Heckler's Veto, according to the 9th Circuit Court:

'The sixth criterion addresses whether the proposed activity poses a substantial danger to public safety. it prohibits any consideration of a 'heckler's veto" by excluding 'concerns about the possible reaction to the users' identity or beliefs from non-members of the group that is seeking authorization." 36 C.F.R. 251.54(h)(1)(vi). indeed, the FOREST SERVICE MAY LOOK ONLY TO POTENTIAL FOR PHYSICAL INJURY TO THE APPLICANTS AND OTHERS AND THE ADEQUACY OF EMERGENCY INGRESS AND EGRESS. 36 C.F. R. 251.54 (h)(1)(vi) (A)-(D)." See Black v. Arthur, 201 F. 3d 1120, (9th Cir. 2000), i.e. Adams, Michaels v Arthur, Appellee Brief, 9th cir. court of appeals, pg.7. (emphasis added).

140. The US Forest Service does NOT enter into businesses and/or associations to operate, manage and govern the enterprises or events of "miners, loggers, grazers, trout unlimited, sierra club", etc.; rather Forest Service develops "Operating Plans", agreements, "permits" which proscribe certain restrictions and/or guidelines for protection of resources, public safety etc..

141. And when there are violations of such restrictions/agreements the Forest Service takes legal action, usually through warnings, then citations, court etc.. In no way does the Forest Service go out and mine, or cut trees in a logging operation, or attend a Sierra Club picnic and seek to change their internal "organizing processes", etc.. These business and legal entities operate independently, including their "organizing" methods, choice of how they interact with one another within their operations.

142. Or when these folks start their business day and/or engage in a event in the National Forest, Forest Service does NOT set up "roadblocks', do illegal search and seizures, harass the workers and/or attendees; nor does Forest Service engage in illegal surveillance, nor seek to have these business operations and/or recreation events declared "emergency" nor has Forest Service entered into events including "Earth First Rendezvous" and/or brought in and/or engaged in doing ceremonies i.e. flag salutes.

143. "Rainbow Gatherings" are legally equivalent to being a "religious assembly". EXPRESSIVE EVENTS - are forms of speech/expression - 'peaceable assemblies for purpose of expression" and have their own "sovereignty". And according to the Supreme Court in Hurley v. G.L.I.B., peoples have the right to their expression and access to a place to express i.e. soapbox, forum. Also there is Religious Freedom Restoration Act, 1995, and Religious Land Use and Institutionalized Persons Act, 2000. See Attachment Y, excerpts from RLUIPA; also on Sovereignty.

"the government [were] freely able to compel . . . speakers to propound political messages with which they disagree, . . . protection [of a speaker's freedom] would be empty, for the government could require speakers to affirm in one breath that which they deny in the next." Id., at 16. Thus, when dissemination of a view contrary to one's own is forced upon a speaker intimately connected with the communication advanced, the speaker's right to autonomy over the message is compromised." See Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995).


144. In this next segment Adams goes into Incident Command LEO actions that constituted harassment, intrusion, deliberate actions upon the part of Incident Command Law Enforcement to force political, religious i.e. cultural changes in the nature of the "Rainbow Gatherings'. This is contrary to Federal Law. These are additional Complaints to those already submitted. See: Letter - RE: Statement of Complaints against USFS Law Enforcement Officers at the Annual Gathering of the Tribes in Utah, 2003 - part 1 - filed Sept. 3, 2003, Reply to Director, RHWR.


145. Basic right of "ingress and egress", should be respected, to attend/participate in a "peaceable assembly" particularly one Forest Service acknowledges as being an assembly engaged in prayer and/or acts of expression.

146. Forest Service this year, as in many years, had "roadblocks' set up during the "Gathering', not just on or because of June 25th "incident" (plus partial suspension of G.Beck's "permit") rather, "roadblocks" were set up from time to time, by Forest Service LEO's, for any number of reasons. This included ones on roads leading to the "Gathering". No other "assembly" of peoples have had such a hassle with "ingress" and "egress' to "sacred common ground", church, cathedral, soapbox, forum" ; supposed "permit" or not, Incident Command LEO actions continued unabated, apparently able to run rampant on peoples' rights, as long as they are 'hippies" or "bows".

"B. The circuit courts which have specifically addressed the question all agree that where the sole purpose of a roadblock is to investigate criminal activity it is unconstitutional if the stop is not supported by probable cause." "In United States v. Morales-Zamora, supra, an individual was stopped at a roadblock which had been ostensibly set up to check licenses and registrations. However, as a matter of fact, the real purpose for the stop was to give drug sniffing dogs the opportunity to sniff the car as the licenses and registrations were being examined. The Tenth Circuit court found that an arrest of an individual who was found to possess drugs after being stopped was unconstitutional. In making this finding the court noted that even "the government agrees that under the Fourth Amendment it could not set up a roadblock for the sole purpose of subjecting all the stopped vehicles to a canine sniff of the exterior of the car." 974 F.2d at 151." See U.S. Supreme Court, City of Indianapolis, Indiana, et. al. v. Edmond, et. al., No. 99-3770 (2000).

147. In some situations, these "roadblocks' have garnered legal attention. for example: in Florida, 1998, at a "Regional Rainbow Gathering", some "attendees/participants" sued in Federal Court over the Roadblocks, and won:

"Plaintiffs contend that Defendants have specifically, and unlawfully, aimed these roadblocks and searches at Plaintiffs and others similarly situated." "The Court fails to see how these actions could possibly serve the public interest. Moreover, this evidence strongly suggests that Defendant Forest Service has selectively targeted its enforcement efforts against Plaintiffs, and that its actions may not, at least in some instances, be in accordance with the Fourth Amendment to the Constitution of the United States." "Furthermore, if Defendant Forest Service is allowed to continue conducting roadblocks in the manner in which it has previously done so, Plaintiffs will suffer irreparable harm by being prevented or deterred from entering and enjoying the Ocala National Forest. Finally, since compelling Defendant Forest Service to comply with existing federal law can only inure to the public's benefit, and will in no way impose harm upon Defendant Forest Service, it is hereby ORDERED AND ADJUDGED that: (1) Plaintiff's Motion for Preliminary Injunction (Doc. No. 2) is GRANTED. (2) Defendant United States Forest Service is hereby ENJOINED from establishing or participating in roadblock "safety checks" in the Ocala National Forest, except to ensure that the possession or operation of motorized vehicles on a Forest Service road is not in violation of the laws of the United States or the State of Florida, and is in conformance with current United States Department of Agriculture regulations and policies. Defendant United States Forest Service is FURTHER ENJOINED from making any motor vehicle stops and/or searches for criminal purposes without individualized exigent circumstances or other proper and articulable individualized suspicion or probable cause, as the United States Constitution so requires." See Addison, et. al., v. US Forest Service, et. al., U.S. Dist. Judge, ORDER, 2/20/1998, U.S. Dist. Ct. Middle Dist. Florida, Jacksonville Div., Case No. 98-137-Civ-J-20C.

148. And yet, as one official, assigned to the "Gathering" who is "in the know" relates, on the subject of "Roadblocks":

"The Wyoming Highway Patrol are setting up road blocks on Highway 150 in Evanston tomorrow. They will cover two nine hour shifts. They call it a safety check. They will pull over every vehicle. looking for runaways; individuals with warrants out on them; on local teens heading up to the site, they will call parents alerting them where their kids are heading; they will stop some of the trailers these vehicles are pulling; (says some are just unsafe on the roads;) etc. The intent of the WHP is to assist the USFS who are overwhelmed at the site, and deal with some of it down here. The Rainbow Philosophy is to harbor criminals who say they are repenting. The U.S. Marshals and U.S. Magistrate have set up Court in the Parking Lot on Highway 58 to prosecute right on the site. Most are being hauled off to Salt Lake Jail, even locals." See FOIA, "Daily Update" from Uinta, Fri. 6/27/03 - Mary Kraft.


149. Law Enforcement and Intelligence actions included harassment, violations of civil liberties, excessive use of force, lies, false 'raids', surveillance, horse shit - deliberately moved their horses close to "kitchens", "ovens", where food was being prepared, when horse readying to shit. This Year, 2003, Incident Command patrolled in every area of the "Gathering", including riding/walking into persons personal camps etc.. riding their horses into personal camps , into kitchen areas, etc.. Adams personally witnessed an LEO moving his horse, knowing it was readying to shit (any good horse rider can tell), down a trail within 10-15 feet from where there were "Lovin' Ovens" cooking bread, readying food to feed hundreds, thousands of people; persons approaching these officers received other officers moving in their direction; people called for the LEO to clean up after the horse, the LEO rode on. Gatherers cleaned it up. Highly unsanitary, deliberate behavior on the part of LEO"s of Incident Command. Also, Mounted Officers rode into and around Kid Village, left deep hoof prints in the mud (Officers would have left less deep prints if they were walking, even if leading their horses). These same prints, holes, dried and became dangerous for walking, particularly in the dark. Gatherers had to fill these holes in. Protests to this behavior, which Adams witnessed and/also protested were met with scorn by the Mounted Officers. Resource could do nothing about the situation... it was Law Enforcement... it was Incident Commander Jowers.

150. Incident command wore WEAPONS, and, if 'approached' or "confronted" concerning their presence or concerning their wearing of weapons in a PEACE ASSEMBLY, LEO's would either immediately cite and/or arrest and/or, at a minimum, warn any person approaching them NOT to approach, NOT to "confront", NOT to speak up or to an LEO without the LEO's express permission etc.. AND, as the record shows individuals who "approached' Incident Command LEO's were cited and/or arrested. See G.Beck's Notice of Non-compliance, G.Beck's Docs. @ .


151. This Year 2003, LEI - Incident Command, i.e. Malcolm Jowers, David Ferrell, others, made promises particularly to Garrick Beck, concerning the fact that if a " Garrick's permit" was signed, then 'much of the adversarial situations' would be removed because said "permit' was signed. See May 8th, Evanston Meeting, Video.

152. Adams brought up this situation in the May 8th meeting. Adams inquired whether things would be "mellower', whether the "bad boys" would be assigned or whether other officers would be assigned to the Gathering. David Ferrell stated firmly that "fair and professional officers' would be assigned to the "Gathering' and would act "fair and professionally" throughout the event.

153. LEI David Ferrell and Malcolm Jowers made a number of statements, (all on video tape) concerning working with attendees - at one point, in the Meeting on May 8th, LEI Ferrell stated it was "alright" for "Gatherers" to take care of their internal problems, and then, if needed, "we" (LEO's would be there). And if police authority was needed, then "Gatherers" could contact the LEO's stationed near the Gate. "Gatherers" spoke up concerning the Way "Gatherings" operate is through self-reliance, taking care of "Gathering" problems within the "Gathering". Only IF necessary to contact with police authority. (Obviously, this "Grievance' arises, in part, from Incident Command actions this year; what was said in the Meeting, May 8th, ain't what happened.)

154. As stated during the meeting of May 8th, preference of many, long-time "Gatherers", who volunteer, year after year, for Shanti Sena. The best place for LEO's is OUTSIDE NEAR the Front Gate and/or OUTSIDE NEAR the Parking Lots. In case LEO's are needed, either by Resource and Recreation personnel "on Site" or by a "Gatherer', in this area LEO's can be easily contacted.


155. By means of FOIA process, Petitioner acquired documentation of Forest Service surveillance of his e-mail communications to the private discussion list on . An e-mail from "Jan Graham, FS Asst. Special Agent, is forwarded to Forest Service Law Enforcement and Intelligence (LEI), and then to Lynn Bidlack, Assistant Special Use Coordinator for the Regional Office. Furthermore, Jan Graham used an International E-mail Address web-addressed to a "Leap of Faith Financial Services Inc." in Toronto, then used this website to copy off the "private" e-mail list.

156. The result of this surveillance is Adams' e-mail about attending meeting with FS to Petition concerning the "permit issue", among other topics. This e-mail contains information concerning Adams wanting to Petition the FS, at this meeting, and Legally Object to the permit process", exactly what Lynn et al wanted not to happen, and G.Beck, apparently, from Lynn's notes, seem to have agreed. Not only to limit attendance, but prevent 'disfavored' speakers from being heard. Regardless of Garrick's motives, nevertheless, Lynn and Malcolm et al, acting individually and in their official capacities conspired to "disfavor' Adams/others.


157. In a letter released through FOIA, from Region 4, one can see - Jan Graham, an LEO, uses an international web address "", acts as a private citizen, joins onto "AGR, a "private" e-mail list (there is also a "public" Internet "chat" forum called agr.rainbow - both of these are operated by an individual who "hosts' free speech, including "rainbow talk") - according to sources: "" looks like a strange ISP. Their domain is registered by "Leap of Faith Financial Services Inc." in Toronto, and the contacts have accounts. Very likely a bogus domain.

158. Jan Graham collects information off this AGR, then sends it onto Kim Christensen. The one E-mail Adams received from FOIA concerns surveillance of his messages. One in particular refers to a meeting with Forest Service to be held "Thursday 5/8 Evanston", and Adams "advocacy positions". This means this surveillance was directly related to the meeting of May 8th, re-enforcing the evidence garnered from the phone call FOIA between G.Beck and Lynn, concerning preventing "disfavored speaker/s" (Adams/others) in particular, from attending and/or speaking on the "permit issue". The objective is obviously to prevent dissent, See Attachment N, re: FOIA, K. Christensen, Asst Special Agent in Charge, Inter-mountain Region, Jan Graham To: Kim Christensen, 05/01/2003 11:45 AM, Subject: from AGR (private Internet e-mail list).

159. In keeping these supposed communications in perspective, Adams is reminded in Montana, Year 2001, in Court, Prosecution Witness Incident Commander Special Federal Agent Bill Fox reported on a phone call he and Adams supposedly had together, where Adams supposedly told him he was 'organizing" the Montana Gathering 2000 etc..

160. Adams tried to challenge I.C. Fox's statements on this in Court, however, Adams "Fair Witness", who was sitting with Adams (at the time of the call), was not able to be in Court, and the Magistrate accepted LEO Fox's testimony.

161. When Adams read these reports of Garrick's phone calls, Adams remembered these are notes from a Forest Service agent, and Lynn's perception of what was said is tinged by her desires for G. Beck to appear to be "on board" with Forest Service i.e. as in her May 8th, Evanston Meeting statement: a 'permit is just a given"; Adams read these reports with a "grain of salt". It must be remembered all this surveillance (as far as known from FOIA information) of Adams e-mails took place AFTER Adams Application, March 2003.


162. "Officer Security", and "Officer Friendly". RE: Statement of Complaints against USFS Law Enforcement Officers at the Annual Gathering of the Tribes in Utah, 2003 - part 1, submitted to Forest Service, September 3, 2003, Reply: GrLEO1.

163. All of these actions, including the presentation of the colors were part of an "official' plan directed at the children and other attendees. This also included such things as offering comic books, candy, toys to children at the Gathering whether their parents objected or not... i.e. See Officer Boreman actions Filed in Complaint, i.e. Officer Friendly, Security programs.


164. Some LEO's, even some "hardline" LEOs, at different times, demonstrated restraint, and respect of Attendees/participants; notably, in one case, of a woman, "in Gathering", who stated she wanted transportation to a local mental hospital. LEOs, including Dave Ferrell worked with C.A.L.M. (Center for Alternative Living Medicine) volunteers, and others, in transporting this woman. In another case, LEOs warned Adams of the potential arrest of someone who was loudly (rightly) objecting to their armed presence, and Adams walked this person away (who calmed down). Note: it isn't hard to understand the "righteous" indignation of persons who witness armed LEOs inside a Peaceable Assembly for Prayer, Petition, essentially harassing and/or seeking to prod "Gatherers" into actions of resistance to the Incident Command's tactics i.e. "Incident Creation Team"- the perception of most "Gatherers", is Adams' contention.

165. It must also be noted in the situation of the death of a young man on July 4th late night, that is, the LEO's, Federal Marshals etc.. and other County officers who responded did show respect - even though I.C imposed a "roadblock" at the Front Gate for many hours unnecessarily. Adams told the LEO's who aided the efforts of the people "Gathering", regardless of other harassment's by other LEO's these LEOs deserve some thanks.


166. Each Year, as Adams is able, he attends "Rainbow Gathering" for Worship, exhibit Free Speech, Expression. And the Fourth of July is an especially "sacred' time. It corresponds, to a Christian celebrating Christmas, a Catholic celebrating "High Mass" on Christmas Eve, a Hebrew celebrating Hanukkah, certain Afro Americans celebrating Kwanzaa, folks of the "Woodstock Nation" celebrating "Woodstock Festival"; Indigenous/Native Americans celebrating Sun Dance or Corn Dance.

167. At a "Rainbow Gathering", it is inappropriate, offensive for persons or groups to seek to "force' other individuals to "comply" with a version of Patriotism. This would not be in the nature of the "Rainbow Gathering". See Attachment O, G.Beck and K.Zirk, comments on Fourth "Flag Salute".

168. There has been much discussion, among "2003 Gatherers" as to whether (clause) No. 12, on G.Beck's Permit, gave Incident Commander Jowers legal access i.e. permission to the "Gathering" on the Fourth of July, for a Flag Salute Ceremony. This (clause) No. 12 seems to open the way for Forest Service to access the "Gathering' any way they want (and they do, including ill actions); however, Adams would contend "for all lawful and proper purposes" does not include 'Compelled Flag Salute Ceremony", at the "point of a gun" (LEO's wearing guns) i.e. during the "Gathering" anyone who hindered or in the slightest way "interfered" or interrupted - even spoke to - Incident Command doing their duties, were threatened and/or cited and/or arrested.

"12. The holder agrees to permit free and unrestricted access to and upon the premises at all times for all lawful and proper purposes not inconsistent with the intent of the permit or with the reasonable exercise and enjoyment by the holder of the privileges thereof." See G.Beck, Part II -Permit, Authorization ID FS-2700-3b (3/98) Contact ID OMB No. 0596-0082, clause 12. @ .

169. On the Fourth of July, Incident Commander Malcolm Jowers accompanied by other horse riders, rode into the Main Meadow of the Gathering, wearing weapons, doing a "Flag Presentation" - there were already American Flags flying in the meadow, displayed by "Gatherers"). Any and all who were present to had to "celebrate" Incident Command's Malcolm Jowers, et al., "official version" of Fourth of July American Independence Celebration. All this was done over the protests of Adams/other individuals similarly situated. To Adams, this Flag Salute/Presentation was not a symbol of respect, rather one of dominance.

170. This intrusion violated the nature of this Peace event; i.e. wearing weapons. Wearing Guns Openly, rudely, in domineering style, knowing full well there were many, many people, including Adams, who had met, discussed and protested the "gun issue" with Incident Command Jowers, and many, many other armed officers. It is a major source of contention concerning these Gatherings between "Gatherers" and Forest Service. Incident Commander Jowers knew Adams and many others would feel insulted by this outrage.

[Note: Adams, July 3, was interviewed on KSL TV, Salt Lake City: Adams asked I.C. Jowers/other LEO's not to come into "Rainbow Gathering" until after the Silence Circle and/or NOT at all on Independence Day. Adams was ignored.]

171. Incident Commander Special Federal Agent Non-commercial group use coordinator Malcolm Jowers, initiated this Flag Ceremony Presentation, on the Fourth of July, thereby compelling thousands of attendees at "Rainbow Gathering" to witness said Flag Salute/Presentation. Individuals already engaged in their own tailored "speech" were compelled to witness this Flag Salute. Persons, including Adams, were prevented from enjoying "pursuits of happiness" i.e. celebrate what Adams/others consider to be a "sacred day". And for Adams, whether persons honor the Flag or not, a "forced", "compelled" Flag Salute was the height of oppressive actions, upon the part of Incident Command Jowers, et. al.. AND compulsory Flag Salute is un-Constitutional See Attachment X, photos of "Flag Presentation/Salute" by Incident Commander Jowers, other "armed" LEOs.

("[The] general rule, that the speaker has the right to tailor the speech, applies not only to expressions of value, opinion, or endorsement, but equally to statements of fact the speaker would rather avoid . . ."); Barnette, 19 U.S., at 635 (if the Free Speech Clause bars the government from making the flag salute a legal duty, nonconformist beliefs are not required to exempt one from saluting)." See Riley v. National Federation of Blind of N. C., Inc., 487 U.S., at 797-798. See also Hurley, 515 U.S., at 573 See, e.g., Teachers v. Hudson, 475 U.S., at 301.



JULY 4th - (a) The Day opened for me, by my waking up to a "general" Silence throughout the entire Gathering. Except for very few people and very few encampments, who make choices about what is Noise and when they will no longer make Noise i.e. Joyful Noise none-the-less, among the thousands of folks who show up each Year, many of them different folks i.e. first-time ‘Rainbow Gatherers"; nearly all of these individuals, of their own accord "shift" into ‘silence mode' thereby ‘gearing up" themselves, companions, other Gatherers toward the "EXPERIENCE" of the Silence Circle and the Celebration that follows - this "experience' is of an "EXPRESSION" reflected in the Silence Circle and the Celebration that follows, each year, since 1972. See Attachment P, FOIA docs. concerning FS rented plane flying noisily over Gathering, Morning July 4th.

(b) Excepting for Kid Village - prepares each Fourth since 1977, for a Kid's Parade that brings to a crescendo the fullness of the Silence Circle through honoring Children and Parents of the World, through the Kid's Parade coming forth into the Silence Circle with a grand flourish and it is then the Silence Circle moves from a Circle of holding Hands, Hearts, Minds, stretching around a "Big" Meadow to joining in Joyful Noise, Prayers, Drums, Horns, Songs, further Expressions of Peace and Good Will to All People and Independence in Freedom - each fourth of July since 1972, with hundreds and/or thousands of folks joining with one another; and for many, including me, it is a Sacred Moment, no less or more than is Christmas or New Year's or Easter or Hanukkah ALSO Sacred Moments for those who enjoy these Days.

(c) Personally, though I enjoy these other Days, Sacred Moments, the Fourth of July Silence Circle, Kid's Parade, Celebration of Peace with Justice and Freedom -- going all the rest of the Day into the next Dawn - Dancing, Drumming, Friends sailing on a Good Will Ship; Truly a PEACEABLE ASSEMBLY WITH PURPOSE OF EXPRESSION.

(d) And through ‘natural gathering ecolution" (consciousness expanding) this Silence begins at Dawn on the Fourth -- been that way a number of years now. By this I mean, folks, every kind of folks, tend to go ‘quiet', not make a whole lot of noise; in the past number of years, through natural development, this "Silence' starts early in the morning, near dawn; drums stop, folks tend to stop yelling or talking loud is a wonderous circumstance. Thousands of folks have come to Gatherings and, of their own accord, based only on the enjoyment of this "Silence", gone ‘quiet' all through the Day, all through the Morning --

(e) Until Kid's Parade comes into the Silence Circle, which usually begins forming in early morning... continues, and grows, with folks joining in, until early after "Hippie' or "Rainbow" "Noon" when the Kid's parade comes forth from Kid village and travels around or through Gathering to the Great Circle, whereupon the Peoples break the silence with Prayers, Shouts, songs, then, folks come into the Center of whatever Meadow and shout, sing, Drum, Celebrate the Rest of the Day of peace, Prayer, Petition for Peace.

173. This year, as Adams' points out in this complaint, concerning Forest Service Involvement with the Silence, Silence Circle, Celebration etc., there are a number of ways and actions, upon the part of Policy and Actions of Incident Command, not only carried out "official duties' but went beyond this into the Realms of Free Speech and literally various actions were taken upon the part of Incident Command, this year, unlike other years. A worked out Plan that amounted to an Expression - beyond "normal" duties.

174. In the PAST, at Gatherings, speaking to the Incident Command LEOs situation, either Incident Comand:

(1) I.C. has been watchful i.e. sitting on horses on the outside edge of and/or remaining in one small area crowding into the Circle, with cameras, fully armored, with guns, mace, on foot and mounted, sometimes with Resource folks, local Sheriffs, HighWay Patrol, occasional Politicians etc..

(2) OR, in Hostile Mode, i.e. basically, strategically placing "6ups" (armed LEO's etc.) at various places outside and around the Circle, and later, maintaining distance but ready to move in at any time i.e. Texas 1988, and Michigan 2002 (I wasn't there but I have heard many descriptions). At these times, I.C. has been known to initiate ACTIONS against persons, i.e. cite persons, threaten arrest and/or do surveillance with cameras, patrols etc..

175. THIS YEAR - National Forest Non-Commercial Group Use Coordinator Incident Commander Malcolm Jowers and others carried out a Plan to not only suppress, oppress, change, transform but to OFFER AN ALTERNATIVE FORM OF SPEECH AND ASSEMBLY. In other words, beyond what passes as their duties in this matter, I.C. personnel with full authority and as part of a policy of "engagement' with various attendees, Forest Service brought their own values, their own beliefs and practices, their own forms of celebration and prayer, into the "Gathering", with "official sanction" upon the part of such personnel as Malcolm Jowers et. al..


176. (a) The essence of "Rainbow Gathering" is the Ceremonies and Celebrations i.e. clearest example is the EXPRESSION and SPEECH undertaken upon the Fourth of July by folks who come "Rainbow Gathering". Since 1972, this Day is celebrated by many, including Adams, in much the same way as other folks regard Christmas, Hanukkah, Kwanzaa, etc.. For Adams/others, 4th of July is "Freedom Day" i.e. "Independence Day". People come from all over the World to share their own personal ways of ceremony and celebration with the Silence Circle and Celebration in the afternoon. Folks who hearken to the Invitation to "Annual July Gathering" come without weapons, with Peace, in Peace, examplitizing Peace with Justice - Freedom. To Adams/others, this Day of Ceremony and Celebration is the highlight of their Year. Many "Flags", "Pennants", "Ribbons" are shown and flown, including American Flags.

(b) July 4th, this Year, in Utah, "in Gathering" amidst the Ceremonies and Celebrations going on, all in Peace - suddenly, Incident Command, in the form of Mounted Patrol, interrupts the Celebration, distracts from the festivities; and this Mounted Patrol rides into the Meadow, rides around the People, ride upon on a small rise near the People, turn their horses, line out on this small rise, all the while doing a presentation of the United States Flag i.e. Presenting the Colors, in a mounted Parade, replete with symbolism i.e. wearing their weapons/guns etc... in plain sight.

(c) I witnessed some 7-8 mounted Forest Service LEOs sitting their horses over near the end of the meadow near where two Tipis were setting side by side. Of a sudden, they ride in toward the Celebration, drummers, dancers, folks praying, partying, petitioning, thousands in the Center of the Meadow. And in ride these "6ups", these folks who have been (some of them) harassing various Gathering attendees for years, these folks come riding in single file, and second rider in is "flying the colors'.... and they encircle around the People... all the while, I could hear the sound of the song (imagination), "Garryowen" (7th Calvary, Custer's song)..

(d) Sure enough, they rode PRESENTING THE COLORS, a "FULL ON" FLAG SALUTE. Incident Command, apparently REPRESENTING THE UNITED STATES GOVERNMENT, rode in, encircling the Meadow, folks Celebrating within, then wheeled in formation on a small hill overlooking the entire crowd of attendees, in full Celebration in the Meadow, and sat there, all lined out, on their horses, with their guns/weapons/cameras on - IN ATTENDANCE AT A PEACE PRAYER AND CELEBRATION.

(e) Almost within a matter of minutes, another Flag, "flying the colors" but upside down... in support of Indigenous American Causes and also DISTRESS of the United States policies and the well being of this Country - these "Distress Flag Flyers" left the Celebration of Peace, proceeded in the direction of the I.C. "Officially sanctioned" Flag Salute/Independence Celebration; at one point, in seeking to cross over a ditch, on a bridge, these "Upside down flag wavers' were stopped by other persons, who wanted to prevent any sort of "confrontation' between Incident Command Flag Salute, and these "Flag carriers" - one of whom was Indigenous American, who was calling out his support of Indigenous/Native American causes, calls for Justice, as were other "flag carriers" calling out names "Leonard Peltier", No War in Iraq! etc..

(f) I discussed the situation with a number of other folks, then I went on over to where they sat on the hill. I was walking toward the line of Incident Command Riders, and came to the same bridge. A struggle was ensuing concerning whether the "Justice Flag" (upside down) could proceed or not; I added my voice and support for the "Justice Flag" having the right to proceed, other voices spoke up for the right of people attending the Gathering to demonstrate, petition the Forest Service, then and there. The "Justice Flag" continued, up near the Mounted Flag Salute. I supported the right of folks to take the flag, flying upside down, up the hill near to where the Federals sat their horses, and I walked with this Flag until I got near and then I approached the Horsed Police. I saw right away that Malcolm Jowers and others, including David Ferrell were the folks on horses and Malcolm Jowers was leading the charge and/or Independence Day Flag Salute.

(g) I went up the small slope, and remained near to where these Forest Service sat with guns, cameras, eyes, presence, overlooking the entire crowd - - as if they might at any moment break formation and charge into the crowd -- at which point I expressed my PERSONAL PROTEST/PETITION TO INCIDENT COMMAND MALCOLM JOWERS et. al.: I walked out in front of these Mounted, between thousands of people Celebrating Peace in the Meadow, and Incident Command, wearing weapons in plain sight, wearing cameras, in plain sight, sitting their horses in "surveillance" of those same people. I spent the next many minutes stating my personal objections to their presence, centering on their being there with guns/weapons on; sitting there observing the crowd, which acted as an inhibition to various persons in the crowd for various reasons.

[This was, to my knowledge of many, many Gatherings, the first time the I.C. showed up in such force on the Fourth without some violation action being involved. AND NEVER WITH A FLAG SALUTE.]

(h) I stated that, " IF, AT THE MINIMUM, they were there as some-sort of sign of Respect, joining in, then they should not be wearing their guns/weapons AND/or if they had simply rode around the Meadow, showed their Flag and then moved on, this also would/could be seen somewhat as a sign of Respect, OTHERWISE, THEIR CONTINUED PRESENCE, WEARING WEAPONS, GUNS, CAMERAS, THIS WAS NOT A SIGN OF RESPECT RATHER THAT OF THE OPPRESSOR... in fact, is seemed like the Incident Command saying ‘YOUR WAY IS NOT THE WAY TO CELEBRATE THE FOURTH, THIS IS THE WAY, OUR WAY". AND, I told them it looked like they were there to CREATE AN INCIDENT, to cause a confrontation. I told them their presence was an AFFRONT to myself, and many other persons. I told them I would rather BE IN THE MEADOW ENJOYING A DAY OF PEACE AT HOME AT THE GATHERING, RATHER THAN HAVING TO DEAL WITH THEIR PRESENCE.

[Their presence was a Form of SPEECH and it was designed specifically to offer an Alternative Form of Speech, an Alternative Manner of Celebrating the Fourth i.e. compelled Flag Salute. This was DOMINATING SPEECH held over the Gathering attendees. individuals peaceably assembled had to ACCEPT THEIR PRESENCE WHETHER THEY CHOSE TO OR NOT AND WERE COMPELLED TO WITNESS THE FLAG SALUTE VIA THE CIRCLING OF THE PEOPLE.]

(i) I also rapped my objection concerning a number of other actions concerning LEO's, since they was sitting there, no leaving even when I asked them repeatedly to "Move on!" including:

On another day, earlier in the "Gathering", a young "brother" (male attendee - most people are "in Gathering" anonymously, therefore use of the terms "brother" and/or "sister" as a form of acknowledgement is standard practice) had been out in a meadow talking to himself ("talking in tongues"), dancing... LEOs on horseback stopped him, asked him what he was doing, him talking to himself and dancing so strange (in their opinion); he said he was out there praying, then they said was he on drugs and he said yes, he was and he was looking for mushrooms and marijuana; at which point they searched him, arrested him, then decided he was a "5150" i.e. mentally disturbed", so then they finally decided to release him back to the "folks on site" i.e. other attendees. I happened across this incident right after the young guy was released and the same Mounted LEOs were there. I raised this issue with them, I said, "Hey, in many Churches, even in some white churches, in this Country, there are folks who get carried away by the Spirit and they jump up, talk in tongues and wave their hands." "What do you suppose they would say if they turned around and there was a police officer, many of them like you, asking them if they was on drugs?" I proposed to them, "Maybe this was what was happening with this "brother'... maybe the Spirit was in him and he was dancing around, praying out loud, what right did they have to interfere with his personal spiritual celebration? He was not hurting anyone, minding his own business." The LEO's I asked this of simply rode away, without giving any answer.

(j) Again to the Mounted Incident Command, I objected to their presence: Specifically, that their sitting on their horses was a way of doing Dominance, Shadowing over the Celebration of folks who have other ways of Expressing Peace and Freedom on the Fourth of July. Not a Friendly Act. I said, "Malcolm, this is your last year and you are retiring, and I know this is your thing and you think this is some form of Respect, but you are doing it with your guns/weapons in plain sight... sitting there seemingly looking to cause a provocation, so please Move On! At some point, I sang them my song of "creative resistance":

"Move along Officer, Move along, there ain't nothing here for you, Move along Officer, Move along, you know what I am saying is the Truth, Move along Officer, Move along, there ain't nothing here for you, be Cool!"

(k) In talking to them concerning the Flag, both the one they presented and the one carried by Indigenous causes supporters, I mentioned I am a Veteran, something they are well aware of, and I mentioned that them acting as they were was offensive to many folks and peoples felt like they were out to Dominate i.e. put their Speech forth over other Peoples versions. (During all this Objecting LEO Dave Ferrell, mounted in line, said Howdy).

(l) When I was done, Malcolm asked me if he could take my picture, I agreed and he did - as a record of the event -- I then wished them Happy Independence Day and moved on! This Day is a Sacred Day to me and I hold Forgiveness as well as Truth and Justice in my Heart and Mind, particularly on the Fourth. I was well aware that Jowers and Company would not leave until they felt they were done doing their deed. I objected to their actions, both their ‘official plan" and their personal participation while openly wearing weapons.

(m) They did not leave for over an hour or so; all the while Watching, Ready perhaps to Strike into the Crowd after some perceived lawbreaker -- it certainly inhibited People and/or folks took note and ignored them and/or some few even Welcomed them and/or other folks hung nearby, acted as Shanti Sena i.e. neighborhood watch, to perhaps intervene before some confrontation should take place between various attendees and Incident Command..

177. It was conveyed to me: folks had conversations with various Mounted. Among them, Officer Travis, carrying the Flag -- LEO Travis made statements to the effect that he had been in the military in Iraq, that he was carrying the Flag per a plan upon the part of Incident Command including knowing just where and when to turn their horses and wind up all lined up in a row up on this particular hill overlooking the Gathering Attendees. Apparently, Travis stated he was against the way the "Rainbows" celebrated the Fourth i.e. with Silence Circle, Kid's parade and Peace Celebration with Drumming, dancing etc... SO HE HAD FLOWN THE FLAG TO SHOW HIS DISAPPROVAL AND THE WAY THE FOURTH SHOULD BE CELEBRATED.

178. According to the Forest Service, "Rainbow Family" has the right to access national forest; once they have "Gathered", then they must have the right to their own versions of How to Celebrate the Fourth of July, and/or How to "Present the Flag" and/or must be given the right to present to their "intended audience' i.e. other Gatherers, their own presentations, speech and expression, NOT have the United States Government in the presence of Incident Command Forest Service ‘officially present" another version of presentation, speech and expression. This was a Form of SPEECH and it was designed specifically to ALTER the "Gathering's" Form of Speech.

179. The Forest Service Incident Command Color Guard stayed for over an hour; all the while Watching, Ready perhaps to Strike into the Crowd after some perceived lawbreaker -- it certainly inhibited People. Some folks took note and ignored them; a few even welcomed them. Others stood by as Shanti Sena, i.e. neighborhood watch, to intervene if some confrontation should take place between various attendees and Incident Command.


EXHIBITED: "National Forest NOT Sacred Ground!" - FS John Twiss


(a) FOURTH OF JULY, LATER IN THE AFTERNOON OF PEACE CELEBRATION: July 4th, afternoon, after the Silence plus hours of Peace Celebration, at "Crucial Kitchen' located in the "foothills" at the Edge of Big Meadow. I was present and witnessed when a Forest Service employee, in uniform, but with no gun walked through this kitchen and sitting area, with an armed LEO escort. A woman, obviously offended by the presence of armed police at a Peace Gathering, spoke up and said, "Please respect the kitchen area and the people, and not walk through with LEO's with guns!"

(b) I rose from where I was sitting and I was close enough to read the insignia of the Resource person, it was "John Twiss, Mark Twain National Forest," who replied, "LEO's can walk wherever they want." I recognized the name, "John Twiss" as being on the Incident Command Study Team, for a number of years -- these are the folks who have designed/planned the "policies" Forest Service should use on these ‘Rainbow-style" Gatherings; and these folks make, decide who is to be "Incident Commander" for Gatherings. If you read "Gathering Reports" you can see John Twiss's name. He used to be assigned to the Black Hills in South Dakota. He also was present at a meeting, with various individuals - persons who expressed an interest to "petition" the Forest Service directly concerning its policies in regards to these Gatherings - in Santa Fe, New Mexico, prior to the Gathering in Idaho, 2001.

(c) I spoke to him, and introduced myself. Then, to reply to his reply to the woman, I said, "That were sorta nasty and discriminating way to speak to that woman, don't you think?" He says, "No." Knowing he is on Incident Command Study Team, (for many years), I have written communiqués to him, I continue to speak with him. He knows who I am. I then launch into registering my Complaint (verbal), concerning the behavior of the Day, by Forest Service i.e. presentation of the "colors' with guns on. How this represented domination of the People's right to free speech, assembly through their actions of riding around the Meadow, filled with people, and then setting up on the hill, wearing guns, with cameras, watching the People at Play "in the fields of the Lord". I state my objections to the "Presentation of the Flag, by armed LEO's, after the Circle (See "Flag Scene" - July 4th). I state my objections concerning Malcolm and company wearing their guns into the Sacred Space, Ground and Time of the 4th, which is a very Sacred time for me, and many others.

(d) John Twiss replies: "THIS ISN'T "SACRED GROUND" THIS IS JUST NATIONAL FOREST. These LEO's wouldn't have to be in here so much if you people could control your Gathering". My reply was Twiss should consider that Morning's voluntary "Silence' throughout the "Gathering" and the degree of "community discipline" for something of this magnitude to take place, getting all those folks to quiet down, shut up." Twiss moved on."

181. COMMENT ON RE "CREATION" - one of the most treasured elements connected with national forest is the opportunity for recreation; and for many people this can and does mean going into the national forest and realizing some sort of ‘spiritual" or "sacred' connection either to Nature, Wildlife, or perhaps a sense of the awesome beauty of Natural Earth. Often people pray or worship, each in their own way, in national forest; and at these times, wherever they are surely they feel that place/"space' is "sacred". For Adams, all the Earth is Sacred, all of Creation is Sacred; when peoples come "Home" to "Gathering", "to the cathedral of nature" as some call it, whether it be "illusion" i.e. mere recreation or be it "sacred", it is not the place of some Forest Service government employee to decide peoples' beliefs for them - to folks who come "Gathering", come to the Meadow on the 4th, THIS IS SACRED SPACE, GROUND i.e. "cathedral of nature". For the Forest Service, an event like the "Rainbow Gathering" reflects an actualization of the motto "Land of many uses" and is wise use of the resources.

182. VOLUNTARY "SILENCE": As an example of "community discipline "Gatherers' wherever they were, (except in a few scenes where people might have been opting (their choice) for only an hour of "Silence" on the 4th etc.). a "relative" "Silence" happens all over the "Gathering" except in some "function" areas i.e. Parking, Front Gate, Shuttle etc., do to work efforts of getting folks Home for the 4th go on, and some noise is expected; and, of course, Kid Village - busy preparing for the Kid's Parade (annual since 1977). This voluntary "Silence" has grown from an Hour on the 4th (early Annual Gatherings) of participation to now when the drums go silent, people quiet each Morning of July 4th, "in Gathering" - Front Gate to Center Circle. this "Silence" continues throughout the Morning until the "Silence Circle", Noon; and when the Kid's Parade enters the Circle, "Silence" ends all over the "Gathering'. The Forest Service "surveillance' plane usually interrupts this "Silence", at differing times throughout the Morning. See Attachment P, FOIA, on Forest Service rented plane flying over "Rainbow Gathering", Morning of July 4th.

183. Throughout the years of "Annual Gathering" there have been many more reports of Intrusive Fourth of July "walk throughs" and confrontations from other "Gatherers". This intrusive behavior and open disrespect for "Gatherers" Fourth of July Ceremony and Prayer is an unacceptable violation of the integrity of the "Gatherings" unique form of speech, expression, and spiritual purpose. Gathering Attendees should enjoy EQUAL PROTECTION from Government intrusion into or modification of their Ceremonies, structures and Form of Expression. The Gathering Ceremony is a specific "Soapbox"/forum, where "Gatherers" enjoy their free Expression. Officials have NO Right to impose personal opinions, Official Disapproval, or to alter or inhibit an Expressive Activity.


184. Forest Service claims they have heard all these arguments and Petitions before, from Adams and others similarly situated. However, two legal issues remain to be resolved: (1) how this regulation is being APPLIED to these "Rainbow Gatherings" and Adams/other individuals similarly situated, and (2) the issue of Discrimination against these individuals - attendees/participants, speakers/expressers, based on their particular cultural and spiritual practices.

185. Forest Service, agrees "Rainbow Family has a right to Gather on national forest land" and yet continues to Apply the Regulation 36 CFR 251, in a prohibitive manner. In practice, the use of the "designated signer requirement" goes well beyond the legitimate purpose of obtaining accurate contact information for the event. In fact, it is used to designate illegitimate "leaders", i.e. "paper chiefs", in a manner contrary to the internal structure of the event, and /or construct a legal "roadblock" against "Rainbow Gatherers" having access to the national forest.

186. Discrimination against a "group", association, assembly, and/or individuals of a minority culture can take many forms including discriminating against ways, manners and customs of said association, assembly, and/or individuals of a minority culture/creed. Forest Service discriminates against "Rainbow Gatherers" through intrusion into the internal processes of these "Rainbow Gatherings" whether "Rainbow Gatherers" are known as a "group", association, assembly, and/or individuals of a minority culture/creed.

187. In June 2003, in a landmark Right to Privacy case, the Supreme Court, using prior legal precedent for ending "discrimination" against the individuals involved in a minority culture - this was two men involved in consensual homosexual lifestyle, etc.. For its precedent ruling the US Supreme Court Opinion quoted USDA v. Moreno, a 1973 case, a prior ruling concerning a "minority culture". In Moreno, the Supreme Court stated that "hippies" ought not be "discriminated against;" i.e., "hippies" are accorded equal protection under the Constitution:

"hippie", n. a person, esp. of the late 1960's who rejects established institutions and values and seeks spontaneity, direct personal personal relations expressing love, and expanded consciousness, most obviously expressed by wearing nonconventional costumes ornamented with flowers, beads, and bells, and by taking psychedelic drugs." See Random House College Dictionary, 1968 edition, pg 627.

"In Department of Agriculture v. Moreno, for example, we held that a law... equal protection because the purpose of the law was to " 'discriminate against hippies.' " "6 The legislative history that does exist, however, indicates that amendment was intended to prevent so-called "hippies" and "hippie communes" from participating..." "[I]f the constitutional conception of `equal protection of the laws' means anything, it must at the very least mean that a bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest." USDA v. Moreno, 413 U.S. 528, 534 (1973). See, Lawrence et. al. v. Texas, No. 02-102. Decided June 26, 2003 - Supreme Court.

188. Like this Petition, USDA v. Moreno dealt with a citizen receiving equal rights and protection under a USDA program. Similarly, "hippies" deserve equal access under every other USDA program, and indeed, under every Government program in the United States. Moreover, this equal protection is not limited to "hippies", an identifiable minority culture, but should extend similarly to individuals of all other assemblies, associations, identifiable groups, ethnic cultures, etc., including those persons who attend "Rainbow Gatherings" or follow the "Rainbow Creed". "Rainbow Gatherings" are unique, cultural events, based in Ceremony and Worship, Celebration and Petition, Community, and Respect of the Individual.

189. Accordingly, Adams contends those individuals involved in the minority culture identified as (so-called) "Rainbow culture" i.e. "Rainbow Family" or "Rainbow Gathering Attendees or Participants", and, in particular, this PETITIONER, SHOULD BE ACCORDED EQUAL PROTECTION UNDER THE LAWS. Such "equal protection" must include the Rights to exercise Peaceable Assembly, Speech, Petition, Worship, Association (this includes right to organize i.e. develop "Process" in "Rainbow Language/manner/ways"), 'pursuit of happiness', practice of Creed/culture.

190. The cultural practices of the "Gathering" stem, in part, from those of "hippies," an identifiable American sub-culture also known as "Flower Children", "Heads", "granolas", etc.; i.e., "Hippie Americana". "Rainbow Family", and "Rainbow Family Gatherings" or "Rainbow Gatherings" have deep roots to this identifiable "hippie" culture, which has grown into a multi-generational and international phenomenon. "Rainbow Gathering culture" also has grown into a multi-generational and international phenomenon. As with other identifiable cultures, the practitioners of "Gathering culture" are entitled to equal protection under the law, not merely "in spite of" their culture, but as cultural proponents. This includes a right to preserve cultural identity and promote cultural survival, as based on equal protection for individuals of other ethnicity.

191. Culturally, "Rainbow Gatherings" possess important similarities to traditional "hippie" events. In fact, persons who attend "Rainbow Gatherings" are frequently described in news media and Governmental documents as "hippies." Like "hippies" of the past, "Rainbow Gatherers" use spontaneous theater, art, and music as forms of expression. And, "Rainbow Gatherers" use voluntary service as a form of community organizing. In the old days, on Haight-Ashbury, there were the (volunteers) "Diggers" feeding people on the street in the Panhandle area of San Francisco during the Summer of Love, 1967. At "Rainbow Gatherings" volunteers form "kitchens" to feed people freely, while other volunteers address sanitation and other community needs. See Rengelevio, by Emmett Grogan, a wonderful book on "early" Haight-Ashbury i.e. "Hippie Days". Emmett was one of the "early" "founders" of the "Diggers", San Francisco, 1966.

192. ‘Rainbow people" engaged in ‘cultural expression" i.e. those persons who attend "Rainbow Gatherings" are described in story, song, news, and Federal, and Governmental documents as "hippies", "counter-cultural", and/or are often described as part and particle of the sub-cultural "Hippie Americana'. See Attachment Q, News Articles labeling "Rainbows" as "Hippies".

193. At a minimum, whether ‘Rainbow People' are considered part of "Hippie Americana" subculture or are in a sub-culture all of their own, OR only exist as a sub-cultural "Associative Assembly" OR even just as a "group" (with all the people on Earth as "members"); legally, like "Hippies", "Rainbow Gatherers" must have equal rights i.e. those who Ride the "Rainbow Trail", Walk the "Rainbow Way/Road", Live and/or Peaceably Assemble in the "Rainbow Pattern", "Rainbow Creed", "Rainbow Beliefs/Philosophy", Exercise of Rainbow Ways, Exercise of "Rainbow-style" Peaceable Assembly.

194. "Rainbow Gatherings" are an assembly of otherwise anonymous, un-associated persons, whose only association is in and through the EXPRESSION known as "Annual Gathering for Peace, Petition and Prayer" i.e. "Rainbow Gathering". In fact, for the most part, by far, the largest majority of persons who attend these Gatherings are persons who have not associated with one another at any other times, or if there is any association, it has been minimal i.e. maybe some individuals have attended same music festival or some other artistic or cultural event. In other words, a "Rainbow Gathering' is an event, as Poet/HipStorian Diamond Dave Whitaker eloquently proposes, where "Strangers become Friends!"

"How D Barry, How it Works": "Strangers become Friends!" "Take what you need, Give what you can, Where you can, When you can, However you can, In other words, Lend a Hand, What happens Then - Strangers Become Friends, Friends Become Family, Family Become Community, Community on the Move, That's the Movement. We were Brought together for a reason and that reason is that we love one another - We were brought togather for a reason and that reason is that we heal one another - We were brought togather for a reason and that reason is that we complete one another - We were brought togather for a reason and that reason is that we complement one another. Like What - yin and yang, left and right, old and young, man and woman, ROCK AND ROLL Cast a wide net, Find the common thread, Let life flourish Then don't Panic, Keep it ORGANIC. Peace and Love." [Diamond Dave Whitaker]

195. "Rainbow Gatherings" have distinct internal processes and cultural ceremonies. "Rainbow Gatherings" are unique cultural forums of Speech, Expression AND Worship, distinct from other cultures. While many individual "Rainbows" are culturally similar to traditional 'Hippies', many others are not. Among Gatherers one finds a broad range of cultural diversity and cultural practices from many other distinct populations. Hence the Gathering is a culture of many cultures united in the common purpose of expression of Peace.

196. Over the years this diversity has generated distinct cultural processes that reflect such diversity and uphold the intrinsic value of every individual and cultural tradition. Generally speaking, internal Gathering processes are "expected" to allow everyone to have a voice if they so choose, and to strive for cooperative, consensual solutions for day to day conflicts that arise. Other commonly upheld cultural values include "anonymity", "spontaneity", self-reliance" and "individual participation." In contrast, hierarchical forms of association, and unilateral "solutions", are generally found to be unacceptable, shunned, or avoided.

197. The Gathering is many things to many people. "Rainbow Gathering" encompasses a form of Petition for some, a form of Political Organizing for others, and a form of Worship for many. The act of coming to the Gathering to live in Peace and create Peace is a kind of "Living Prayer"; or Song of Songs. Within the Gathering are numerous celebrations and observances to "do" Peace; make Peace, honor Peace, pray for Peace -- between all individuals and between all cultures.

198. The Fourth of July Silent Meditation and Circle of Prayer/petition for Peace is the main cultural ceremony of the "Rainbow Gathering". Despite the broad diversity of individuals and cultural backgrounds of Gatherers, this Ceremony is nearly universally observed and respected among "Rainbow Gatherers". Like other "Gathering processes", it is conceived in such a way as to force no single language, word or cultural form upon any "Gatherers". The Silence is a common denominator among differences. It is like the moment of silence at schools that allows school children to pray/NOT pray in their own cultural ways without favoring or prescribing any over all. It is a voluntary individuated ceremony of unity in "Silence", a meditation for Peace.

199. The culture so described, like OTHER CULTURES, i.e., Native American, African American, etc., should have equal ACCESS to National Forest system lands. Petitioner Adams and other similarly situated 'Rainbow People' should NOT be Discriminated against simply due to spiritual, religious, political, or cultural differences. All other recognized "minorities" are allowed some sort of "waiver" where prohibitions of cultural ceremonies are concerned.

200. Moreover, the rules governing practices of the U.S. Department of Agriculture state clearly: "The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status." "Creed" is on this list.

201. AND, at 7 CFR 15, the following with respect to "Non-discrimination":

Sec. 15.3 Discrimination prohibited: (a) General. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity of the applicant or recipient to which these regulations apply." See [7 CFR 15.3, revised Jan. 1, 2000]


202. On the issue of "accommodation," 9th Circuit Court of Appeals, and 10th Circuit Court of Appeals recently upheld the "Religious Land Use and Institutionalized Persons Act of 2000" (RLUIPA), signed by President Clinton on September 25, 2000. Note: These Circuit Courts have also upheld Constitutional sections of the Religious Freedom Restoration Act, 1997, "as applied to the Federal Government". These cases speak to "religious liberty", and to "accommodation" for those of differing beliefs/practices, and to access to Federal public lands/forums for "religious assemblies" i.e. this would include "Rainbow Gatherings". These Opinions cite "accommodation" and "(stating that a court should look , inter alia, to "whether there are obvious, easy-to-implement alternatives that would accommodate..... right at little cost to valid..... interests") .... defendant was "likely to show that the Department's discriminatory application of the.... rule.... is an exaggerated response to the Department's.... objectives because there are obvious easy alternatives to address the Department's concerns"); and "("The availability of 'obvious, easy' alternatives that could be implemented at a 'de minimis' cost [weighs] against the reasonableness of a regulation."); also, ("We emphasize that the fourth Turner factor is not a 'least restrictive alternative" test, but rather it allows ... to point to an alternative that fully accommodates.... rights at de minimis cost to valid... interests as evidence that a restriction is not reasonable."). [ Adams has an Appeal going in the 9th Circuit Court of Appeals, as mentioned, AND, has two "Applications" from 2003, denied - he still has choice of Federal District Court, per Regulation 26 CFR 251 - applications, if denied are immediately subject to court review ; an argument could be made of the relevance of these issues and concerns i.e. listed Grievances in this Petition are "live, on going etc."; ALSO, according to "Vision Circle" this year's Circle/council CONSENSUS in silence, was to re-state the CONSENSUS of "Vision Circle/council" of "Michigan Gathering, 2002" i.e. California, Nevada, Utah, with emphasis on California. This CONSENSUS is one to which Adams can give his personal CONSENSUS, i.e. sounds good - Note: IF Adams did not agree with this consensus, he would do something else; PLUS, with this CONSENSUS in place, the EXACT SAME LEGAL ISSUES ARE "ON DECK" - These cases are all the more relevant, and these Acts: Data Act, "Religious Land Use..... Act", strengthening of RFRA - all the better; Constitutional "due process" guarantees "equal right to be", and to be "accommodated" - what "applies" to a "religious assembly" ALSO "applies" to a POPULAR Assembly i.e. Creed, Culture]. See Attachment E, FOIA re: "vision council".

203. In the 9th Circuit Court of Appeals, RLUIPA is affirmed:

"Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et seq. (2000) ("RLUIPA"), on various grounds." "The district court upheld the statute as a constitutional exercise of Congress's Spending Clause authority. We affirm." "11 MAYWEATHERS v. NEWLAND recognized that the government may (and sometimes must) accommodate religious practices..." "RLUIPA merely accommodates and protects the free exercise of religion, which the Constitu-tion allows." See Mayweathers v Terhune, No. 0116505p - 12/27/2002 (9th Circuit).

204. And in the 10th Circuit Court of Appeals, Kikumura v. Hurley, 03/09/2001:

"RFRA provides that "[g]overnment shall not substantially burden a person's exercise of religion." 42 U.S.C. § 2000bb-1(a)." also, "The term "exercise of religion" was previously defined in RFRA as "the exercise of religion under the First Amendment to the Constitution." See 42 U.S.C. § 2000bb-2(4) (1999). RLUIPA amended RFRA, however, so that "exercise of religion" now means "religious exercise, as defined in [42 U.S.C. §] 2000cc-5." Id. § 2000bb-2(4). "[R]eligious exercise" is defined in 42 U.S.C. § 2000cc-5(7)(A) to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." and, "This court agrees, however, with both the Eighth and Ninth Circuits in their conclusion that Flores does not determine the constitutionality of RFRA as applied to the federal government." See Kikumura v. Hurley, 99-1284 03/09/2001, (10th Circuit).

ALSO, "Therefore I am in agreement that we should apply the requirement of RFRA that "Government shall not substantially burden a person's exercise of religion." 42 U.S.C. at 2000bb-1(a). I further agree with the Majority Opinion in remanding the RFRA claim, as discussed below. Here, instead of using these recognized alternatives, the Defendants' policy is to impose a general ban on pastoral visitors not qualifying as representatives of the inmate's one declared faith. That broad ban reflects an "undifferentiated fear or apprehension" without any evidentiary background for the imagined threat. Cf. Tinker v. Des Moines Indep. Community Sch. Dist., 393 U.S. 503, 508 (1969) (invalidating student arm band prohibition based on "undifferentiated fear or apprehension" of disturbance as not sufficient to overcome First Amendment freedom of expression). Where, as here, the enrichment of other religious support is desired, the RESTRICTION PROHIBITING such support MAKES NO SENSE IN LIGHT OF "THE EXISTENCE OF OBVIOUS EASY ALTERNATIVES" WHICH SERVE THE SAME security INTERESTS suggested by the Defendants and which the Supreme Court has determined "may be evidence that the regulation is not reasonable, but is an 'exaggerated response' to prison concerns." Turner, 482 U.S. at 90."

"Turner teaches that: if an inmate CLAIMANT CAN POINT TO AN ALTERNATIVE THAT FULLY ACCOMMODATES the prisoner's RIGHTS at de minimis cost to valid penological interests, a COURT MAY CONSIDER THAT AS EVIDENCE THAT THE REGULATION DOES NOT SATISFY THE REASONABLE RELATIONSHIP STANDARDSHIP. 482 U.S. at 91; see also Lile v. McKune, 224 F.3d 1175, 1191 (10th Cir. 2000) (stating that a court should look , inter alia, to "whether there are obvious, easy-to-implement alternatives that would accommodate the prisoner's right at little cost to valid penological interests"); Abu-Jamal v. Price, 154 F.3d 128, 135 (3d Cir. 1998) (holding defendant was "likely to show that the Department's discriminatory application of the business or profession rule to his writing is an exaggerated response to the Department's security objectives because there are obvious easy alternatives to address the Department's concerns"); Mauro v. Arpaio, 147 F.3d 1137, 1144 (9th Cir. 1998) ("The availability of 'obvious, easy' alternatives that could be implemented at a 'de minimis' cost [weighs] against the reasonableness of a regulation."); Thomas v. Gunter, 32 F.3d 1258, 1260 (8th Cir. 1994);\par Fortner v. Thomas, 983 F.2d 1024, 1030 (11th Cir. 1993) ("We emphasize that the fourth Turner factor is not a 'least restrictive alternative" test, but rather it allows an inmate to point to an alternative that fully accommodates the prisoners' rights at de minimis cost to valid penological interests as evidence that a restriction is not reasonable.")." (Emphasis added) See Kikumura v. Hurley, 99-1284 03/09/2001, (10th Circuit). See Mayweathers v Terhune, No. 0116505p - 12/27/2002 (9th Circuit).

205. Following is an excerpt from "Religious Land Use and Institutionalized Persons Act of 2000". This concerns "land use regulations" for all levels of Government. Right now, "RLUIPA" is the law of the land, particularly in the 9th Circuit and 10th Circuit:

106th CONGRESS, 2d Session, S. 2869, 42 U.S.C. § 2000cc - AN ACT To protect religious liberty, and for other purposes. This Act may be cited as the `Religious Land Use and Institutionalized Persons Act of 2000'. SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE (1) GENERAL RULE- No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution-- (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest. (2) SCOPE OF APPLICATION - This subsection applies in any case in which-- (A) ...even if the burden results from a rule of general applicability;" also (b) DISCRIMINATION AND EXCLUSION- (3) ...No government shall impose or implement a land use regulation that -- (A) Totally excludes religious assemblies from a jurisdiction; or (B) Unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. See RLUIPA, (emphasis added)

206. In Wayte v. United States, the Supreme Court held "discrimination" comes in many forms, and is Un-Constitutional if against a "group" - this includes, assembly or association, and/or attendees/participators of a type of "religious assembly" i.e. cultural/spiritual/political events for "prayer and peace' known as "Rainbow Gatherings".

"Discriminatory purpose'" "...It implies that the decision maker . . . selected or reaffirmed a particular course of action at least in part `because of,' not merely `in spite of,' ADVERSE EFFECTS UPON AN IDENTIFIABLE GROUP." See Wayte v. United States, 470 U.S. 598 (1985), (emphasis added)

207. Accordingly, Petitioner Adams, and individuals similarly situated, such as "Rainbow Gathering Attendees or Participants", are entitled to equal protection, equal access to national forest lands for "peaceable assemblies for purposes of expression", under the laws.

208. Adams is no threat to the United States of North America. Adams is a Honorably Discharged, US Navy veteran - 1963-1966. Adams is a Montanan, an American, and June 1963, gave his oath to President John Kennedy to uphold the Constitution, and to protect this Country from all enemies foreign and domestic. Adams upholds that oath, that agreement, to this day. There are many US Military Veterans who attend "Rainbow Gatherings" - Veterans from World war II, Korea, Vietnam, Panama, Grenada, Columbia, Gulf War I, and soon Gulf War II, have attended these "Rainbow Gatherings".

209. "Rainbow Gathering" is a blessing to happen here in this Country. It is a Living Example of Peaceable Assembly for Purposes of Expression.. People fully exercising First and Tenth Amendments of the Constitution. People peaceably lobbying, petitioning the Governments to be and do Peace. People come from all over the World come to this Common Ground of "Rainbow Gathering", just to see if people actually do get along, actually practice Peace.

210. "Rainbow Gathering" and Adams' activities in regards to "Rainbow Gathering' are in the best traditions of the right to Peaceably Assemble for spiritual/religious/political/cultural purpose, in the best values of any Democratic and Free Society, and are clearly Constitutional.


211. Incident Command, et. al., apparently decided this year to "go the extra mile" in seeking to stop the Gathering and/or completely dominate it, i.e. place this expression - "Rainbow Gathering", under Governmental Direction, Control and Management, in every aspect, including Ceremonies (already discussed). To accomplish this, Incident Command sought to make the "Rainbow Gathering" an issue of Homeland Security - "Domestic Terrorism"; bringing into question the ‘patriotism" and true intent of the "Rainbow Gatherings and Rainbow Gatherers".

212. Apparently, on the Morning of June 17th, 2003, there was a conference phone call with a number of major participants: US Attorney General John Ashcroft, USDA Undersecretary Agriculture Mark Rey, US Attorney Paul Warner, Utah County/State Health official, Steve Jenkins, Incident Commander Malcolm Jowers and Ellen Horstein, among others. All these folks were discussing the "Rainbow Gathering". It apparently was a last ditch effort upon the part of Malcolm Jowers, John Twiss, others to have the "Rainbow Gathering" declared some sort of ‘domestic terrorist Event" via Patriot Act, 2001. Apparently, Incident Command wanted John Ashcroft; i.e. Homeland Security, to take over authority from Agriculture Department, Forest Service; Utah US Attorney Paul Warner apparently was supportive of this plan. The State Health Permit quietly handed to G. Beck by District Ranger Steve Ryberg, at the last moment in the May 8th Meeting in Evanston, was to be the MAIN EVIDENCE OF "RAINBOWS" DEFYING AUTHORITY, AND ENDANGERING PUBLIC SAFETY. Apparently, No person, attendee or participant (including G.Beck/Individuals Assembling etc. - for his ‘peaceable assembly") connected to the "Rainbow Gathering' had applied for this inappropriate "Utah Health Permit"

213. Apparently, with no "Rainbows' submitting for a Health Permit, this was to be considered as Defiance of Authority and Endangering Public Safety by a POPULAR, many peopled, peaceable assembly seemed to qualify "Rainbows' for "DOMESTIC TERRORISM status", NOT just the usual "Declaration of Emergency. It follows then, ‘authority" for Incident Command should be shifted to Justice Department, Homeland Security, and "effectively managed and controlled", i.e. STOP this "peaceable assembly" - it would have no PERMIT":


(a) DOMESTIC TERRORISM DEFINED.—Section 2331 of title 18, United States Code, is amended— ‘‘(5) the term ‘domestic terrorism' means activities that— ‘‘(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;‘‘(B) appear to be intended— ‘‘(i) to intimidate or coerce a civilian population; ‘‘(ii) to influence the policy of a government by intimidation or coercion; ‘‘(C) occur primarily within the territorial jurisdiction of the United States.'' See Patriot Act, 2001:

214. Any sort of "Domestic terrorist" status justification, for this "Rainbow Gathering" i.e. not complying with public health standards - could only be based on:

(a) Defiance of Federal Authority (and State Authority i.e. Health Permit) - A number of persons "trespass on federal land", without a "permit". Permit is denied due to "Gatherers" "constitute a health hazard' re: NO Mass Gathering Permit. (b) "endanger public safety" - naked people with sunburns, etc.. I.C. Malcolm and other "hardcore" Law Enforcement had to be very sure of this move, to actually push for a contact with Ashcroft. Too many "6 ups" being hollared their way apparently; too many people asserting their rights to maintain "community watch" on the "authorities"; something many communities throughout the Country, (and World) have learned is needed to ensure "Police authority" is actually "fair and professional". See Attachment U, medical reports. See Attachment Z, on "6 up" i.e. "Six guns UP! - re "Guns in the Church!"

215. There is no question "Rainbow Gatherings' partially exist, as a ‘living' i.e."examplitizing" Petition - to "influence the policy of governments, and the public" specifically,t he Forest Service and their land-use policies. HOWEVER, ‘RAINBOW GATHERERS', "RAINBOW GATHERINGS" ARE PEACE-ORIENTED, AND DO NOT "PETITION" BY INTIMIDATION OR COERCION. AND ‘Rainbow Gatherings" - "peaceable assembly for purposes of expression" have taken place on federal lands "without authorization", and/or "with authorization" since 1972 - Note: First Amendment and Tenth Amendment gives ‘authority" to ‘peaceable assemblies" to exist, and/or Speech and Expression; Petition - "Gatherers' use Peace, action, speech, expression, art, music, and even (the number of individual/s who attend/participate), ways how they "cooperate' i.e. ‘Rainbow Gatherings' develop unity through "cooperative ways".

216. In this particular situation, thankfully, "wiser heads" prevailed; apparently UnderSecretary Mark Rey said "No" to transferring the power out of Agriculture/Forest Service to the Justice Department (if true, Adams thanks Mr. Rey); and Summit County/Utah Health declined to impose inappropriate "Utah Mass Gathering Permit" on "Rainbow Gathering" as Forest Service "demanded". With the "authority" for the "Gathering' continuing in the hands of Forest Service' and with G.Beck application for a "permit" for his ‘peaceable assembly' on hand, Forest Service "granted' G.Beck his "permit"; ‘applied" it "illegally" (Adams contends) to the "Rainbow Gathering".

217. Through this process (albeit a "fiction'), the "heavy hand" of Attorney General Ashcroft, Homeland Security Defense was kept from the ‘fray". Incident Command moved on; however, it must be noted that upon June 26th, ALL LEO's, (possible all forest service), were sworn in as US Federal Marshals - this apparently was because of June 25th "incident"/altercation between a very few "Gatherers" and Forest Service LEO's over towing of vehicles. It must be noted in 1988, Texas Gathering, US Federal Marshals were brought in to the "Gathering" by Federal Judge Justice to maintain ‘order' and/or monitor the situation - there was so much tension between Incident Command LEO's under Billy Ball and "Rainbow Gatherers". AND, it must be noted F..B.I., have apparently instigated an updated version of "COINTELPRO", called "COUNTERTERRORISM INVESTIGATIONS AND ANALYSIS". A FBI "Intelligence Bulletin, no. 89", Oct. 15, 2003, was discovered and posted on various websites, reported in the media, seems to reveal FBI tactics and strategies concerning "protests', "demonstrations' concerning Anti-War in Iraq i.e. PEACE, among other situations. The "Bulletin" reads:

"While the FBI possesses no information indicating that violent or terrorist activities are being planned as part of these protests, the possibility exists that elements of the activist community may attempt to engage in violent, destructive, or disruptive acts. Most protests are peaceful events... however, a number of demonstrations.... are more likely to be violent and disruptive and to require enhanced law enforcement security."

218. This mirrors a comment from the "2003 National Rainbow Family of Living Light Gathering Executive Summary", July 10, 2003, which reads:

"The general perception at this time is one of having to staff higher numbers of law enforcement officers then needed in order to respond to displays of civil disobedience by the Family, which always places officers at high risk of injury and personal safety."

219. There are also similarities between ‘protests", "demonstrations" and "peaceable assembly" i.e."Rainbow Gathering". Surveillance of Adams/others, "Internet" surveillance, as well as "protests' use "sit-ins" as a "tactic of protest". This applies also to the "sit-in" on June 25th, "in Gathering', as part of of an incident between LEO's and "Gatherers", widely reported by Incident Command, as: "Crowd mentality and mob dynamics are the rule of the day, when enforcing unpopular activities such as towing cars, resource violations and illegal drug use." See Attachment R, Docs. LEOs as Federal Marshals, see also FBI Bulletin no. 89, "2003 National Rainbow Family of Living Light Gathering Executive Summary", July 10, 2003, FS Doc. concerning June 25th Incident, see also Adams alternative analysis of June 25th and June 26th "Incidents".

220. Note: Before this June 17th "phone meeting" took place, there were already discussions going on between some of the health care volunteers, "in Gathering" known as C.A.L.M. (Center Alternative Living Medicine) and Summit County, other Health personnel, some via phone; mainly, through personal contact "in Site". Summit County health people already were working out a "cooperative' relationship with C.A.L.M. volunteers and/or various "kitchens" i.e. "crews" or "groupings", other areas of the "Gathering", Summit County/Utah Health Authorities came into the ‘Gathering" in peace, approached with respect, seeking communication and cooperation - in return, these peoples were met in peace, treated with respect, were listened to and communicated with, and co-operations were very strong. These Health People used the same/similar pattern of developing a "cooperative" relationship with "Gatherers" to that of the Oregon Health Peoples, 1997. This method is one best suited to ‘manage' i.e. aid in the public health/safety issues of these "Gatherings". It works. The Medical Reports reflect this differing viewpoint; and the difference in opinion concerning C.A.L.M. and other health-oriented people of the "Gathering". I.C. LEO version etc., seemed to come out with a disfavorable opinion of CALM etc., while Summit County and health people generally gave these CALM volunteers good reviews. It is apparent from Health worker Mary Kraft's reports on what she learned from Incident Command briefings etc., seemed to reflect these two viewpoints dramatically. I.C. LEO say CALM wasn't much help, while Summit County Health say good things.It is readily apparent, from these reports, information supplied at I.C. "Briefings" were communicated or portrayed "RFLL culture", "Rainbow Philosophy etc., all seemed negative i.e. "Rainbows' encourage "drug activity", "criminal activity" etc.. [ Adams found it odd, in one such report, there is some sort of admission, apparently, upon the part of M. Kraft, of being on the "Site" (illegally). Apparently, this was overlooked, or ignored - the legal basis for being "illegal' seems nebulous.]. See Attachment S, FOIA, "Rainbow Philosophy etc.".

221. As a younger guy said at the May 8th Meeting in Evanston, (paraphrased) "I have been to "Rainbow Gatherings" internationally, in many Countries, with little hassle; it is ironic here in the United States, in the land of the free, is where Rainbow Gatherings find the harshest treatment'. There is no question, Incident Command did its best this year to "stop the Gathering at all costs", as an LEO related to folks working "Front Gate" (this LEO signed on specifically with this hope in mind). Incident Command kept up a "disinformation campaign" throughout the entire "Gathering". See Video tape May 8th, 2003, Evanston Meeting.


222. Forest Service "propaganda" concerning the "Rainbow Gatherers" and "Rainbow Gathering" included many items of "disinformation" which they freely distributed to the community, public at large, and to the Regional and District personnel, health officials etc.. Some of these Adams chronicles include disparaging comments concerning "Rainbow Philosophy", values, culture, beliefs and practices. Also, Incident Command, did not share information nor included "Rainbow Gatherers" and the internal systems of Fire Watch (volunteer fire crews) known so well by Forest Service, in their planning for emergencies i.e. Fire Suppression Plan and Evacuation Planning almost entirely ignores "volunteer efforts" by "Gatherers", in violation of the spirit of cooperation, communications and plain common sense. How can Forest Service expect cooperation without any prior communications in cases of emergency. Also, in their own documents Forest Service state they will work with "rainbow" (gatherers, members, participants etc., all these names are attached), yet, Forest Service sought ONLY to work with and through G.Beck. And Forest Service and Incident Command know there is 24/7 "Fire Watch", and there is hundreds, even thousands of volunteers who would step up (and have) when an "Emergency" develops, whether it be Fire, potential Evacuation, etc., Common Sense "public safety" concerns would seem to dictate the greater the cooperation and mutual communications relevant to Fire, Emergency, Evacuation MUST BE An IMPERATIVE to be worked out with "Gatherers' - it is alarming to realize the Forest Service completely ignore internal "operational systems" like fire watch, Shanti Sena etc., which are "tuned into" how the "Gatherers' can and do work with one another; and in a couple Fire Situations, in the past, like Wyoming Gathering 1994; while ‘Forest Service and other agencies responded to this small fire, by pushing to have Evacuation, a "crew' of thousands of "on Site" volunteers, from amongst the "Gatherers' including highly skilled trained firefighters, Forest service certified, fought this fire and put it out, despite threats of arrest by I.C. LEO's and other authorities. I.C. Jowers knows this information, knows Volunteers will step up, will stay, will FIGHT ANY FIRE. See Attachment S, FOIA documents containing "disinformation"; also FOIA, Fires Suppression, Evacuation Plans, "Declaration of Emergency", "Delegation of Authority" etc., also LEOs as Federal Marshals.

223. Example: On June 28th, there was a meeting, and the Incident Commander Malcolm Jowers, Forest Supervisor Tom Tidwell, District Ranger Steve Ryberg, all came "in Gathering", TO G.Beck's Tipi, located at edge of Main Meadow, concerning the "Traffic Flow", "Parking problem" etc., caused by the Forest Service closing the "Gate" on June 26th. Adams/others learned of the meeting and where it was to take place, at 3pm, (through a "friendly" LEO) and came to this Meeting. I.C. Jowers, Tidwell, Ryberg were attempting to work out a PLAN with G.Beck, (with other folks observing, commenting). G.Beck was "deflecting" (1) by stating he was not working these areas of the "Gathering" AND (2) he was not the person to come too. At which point, Adams/others who were working "Road, Parking, Shuttle, Front Gate Shanti Sena etc., found this meeting, and sought to work something out with Forest Service. Forest Service ONLY wanted a solution, in writing, to come through G.Beck; which all the other folks' present DECLINED.

224. Instead, after talking it over, result was a "Shuttle Parking Plan" which was handed over to the Forest Service by others, other than G.Beck; persons NOT of the "group" Individuals Assembling etc." ie. G.Beck's "group" (in fact, during the entire "Gathering" process, ONLY G.Beck ever identified himself as one of the "group" Individuals Assembling etc."). And to make the point to the Forest Service G.Beck was NOT THE person in authority etc.. . these other "worker" folks wrote up and handed to Tom Tidwell, the document "Shuttle Plan etc.", without G.Beck touching it in anyway; only standing by witnessing the process; and Tidwell, Ryberg, Jowers all witnessed this process.

225. Nevertheless, when Ranger Ryberg wrote his cancellation of G.Beck's "suspension" of his Permit, Ryberg wrote in that document how G.Beck and his "group" had given Ryberg, Tidwell, Incident Command the "Shuttle Plan etc.". This is DISINFORMATION. G.Beck also commented in his "documents on the "Gathering" and his "permit" that he had not touched this submitted "Shuttle Plan'. Note: this "Plan" would/was the "Plan" the Gatherers" implemented and had every intention of implementing from the start of the "Gathering". In effect, this "Plan" was a face-saving device to enable Incident Commander Jowers to "give back" the Front Gate" into the hands of "Gatherers". See Attachment T, "Shuttle Plan etc..", G.Beck's comment, and District Ranger Ryberg's Notice of Cancellation of G.Beck's suspension".

226. "DIS-INFORMATION" comes in many forms:

(1) First and foremost, Forest Service and Government defining "Rainbow Gatherings" as a "group" rather than a "peaceable assembly for purposes of expression" made up of many "groups" and individuals. Persons engaged in "Rainbow Gathering Expression" use speech/actions which emulate the ideal: anyone who attends i.e. "everyone with a belly button" is "Rainbow Family"; this is understood by persons who seek to understand this concept and/or believes/accepts this as a "Creed". To individuals attending "Rainbow Gathering" - who have read, understood the Invitation - this is a perfectly understandable, all inclusive "relationship of brother/sisterhood", a "feel good vibration" during the course of the "Gathering"; yet, there are many, many groups and individuals who come to the "Gathering', who stringently retain/maintain their own separate identities, culture, Creeds i.e. Khrisnas are one such "Entity" among Attendees.

(2) Next, on the issue of so-called presence of "criminals and criminal activity" at "Rainbow Gatherings': Adams, AKA "Plunker" and "John Buffalo", among others, are long time "Rainbow Gatherers"; and as part of their attendance/participation at these "Gatherings' have often volunteered in "community watch" i.e. Shanti Sena (peace scenes) which has two levels of involvement:

(a) one level is "you are your own security" i.e. everyone who attends is on active "community watch' throughout the event - this is part of Rap 107 - handout for information on "Gathering Guidelines" - which are widely accepted guidelines for creating the designed form of expression known as "Rainbow Gathering' i.e. this Rap 107 includes this concept of 'security' for the event largely relying on self-responsibility i.e. everyone is responsible. "Carnies" have a 'community watch' similar, and a call "Hey Rube!' - all "Carnies" within ear shot come running to help, emergency call; this corresponds to the call of "Shanti Sena". See Attachmnt Z, example, "Rap 107, 701".

(b) Second level to "Shanti Sena" is volunteers who do 'community watch' 24/7 - 24 hours a day 7 days a week - during the time of the "Gathering'; this includes Way/Roads leading to the Gathering, the local area near the Gathering, and "in Gathering'. Many of these self-same volunteers similarly volunteer for "community watch" in the neighborhoods, communities where they reside. Adams, John Buffalo, others, (whenever in the area of a Gathering) have volunteered for many years in this capacity; have communicated with many LEO's, including Incident Commanders etc., Sheriffs, other Law Enforcement, over a variety of matters.

227. This year, as in other years, Adams and John Buffalo, among others, have sought to communicate and establish basic 'working principles" with Incident Command, mainly this would be with Malcolm in recent years. This year, May 8th meeting, Evanston, Adams, others brought up the issues of "Gatherers' handling their own "security" with Incident Command acting as support of this position. Any situations requiring "police" i.e. if "Gatherers' called to report a situation. In Evanston, Adams went over issues, mentioned cases concerning incidents requiring LEO action. An example: "Arizona Gathering", 1998, "Shanti Sena' made contact with an individual "in Gathering" who was wanted on "murder" charges out of Florida. Shanti Sena located this person through information genereated by the populace; at "Shanti Sena" request, this individual agreed to be escorted to the edge of the Site, local Sheriff authority was contacted, individual was subsequently identified to be, in fact, the person wanted in connection with these charges, he surrendered to Deputy Sheriff, was subsequently returned to Florida, tried, convicted of these charges, serving life etc.. During the period of time he was 'accompanied" by Shanti Sena volunteers, he was placed in "citizen's arrest" by John Buffalo and Adams, other individuals.

228. "Citizen's Arrest" - "Rainbow-style" - this is a well known guideline (standard procedure) known, generally accepted among "Shanti Sena volunteers", "in Gathering", in these situations. Any such persons who agree to 'accompany" Shanti Sena, are not in the 'custody' of "Rainbow Family" OR Shanti Sena" etc." i.e. Imaginary Entities; rather, if action is necessary, potential "suspects' - all individuals are innocent until proven guilty in a court of law - are "escorted' to appropriate authorities, by an individual/s, volunteers, who "Citizen Arrest" these "suspects" on their own personal responsibility. There is NO AUTHORITY i.e. a governing council/circle, nor individuals, nor group, nor hierarchy; rather there is "individual responsibility" upon the part of all who attend.

229. In terms of "social responsibility" re: "internal processes, it is a very intense action, for an individual/s to take such a responsibility "in Gathering' i.e. to actually aid in surrendering someone to authorities. Persons who place themselves in these situations, must take this as a personal responsibility, and in effect, in 'handing someone over to authorities". These individuals must make clear and convincing arguments, at the time, and over the years, to other "Gatherers", as to the Why of their actions - these actions are not taken lightly and only for a 'heavy" crime i.e. crimes with victims. There are many persons who regularly attend "Gatherings" who believe fully in the Ideal of TOTAL SANCTUARY for all who come; similar to the Christian Ideal of "forgiveness of sins", and for the most part, "community watch" i.e.Shanti Sena available talent, volunteers, energy toward VICTIM CRIME. Adams, others outlined this at the Meeting in Evanston. And, at the meeting, I.C. Jowers and LEI Dave Ferrell both shared their perspectives and agrees on some of these basic operating principles. It is obvious from this document, Adams is very unsatisfied at the marked change in attitude and action upon the part of LEO's of Incident Command in direct violation of their stated intentions at the Meeting - "fair and professional" . In conversations with I.C. Jowers, over the years, and this year, Adams, others repeatedly brought up these 'operating principles' and I.C. Jowers verbally agreed in the same way he agreed on the phone in Evanston. See (Adams') Video, Evanston Meeting. submitted by G.Beck, June 15th.

230. "Rainbow Gatherers" who are experienced "Shanti Sena" volunteers know it is best to have a very clear case with the elements that make up an actual case, before contacting authorities. Many situations turn out to be rumors and/or are rumors/stories, part of "drama-traumas", accidental or intentional, between "Attendees". An actual case is an actual case - this includes a victim, who is willing to sign a complaint with authorities. Many rumors, stories of situations, run freely through the masses of folks at a "Gathering'. Separating fact from 'fiction" can be a full time 'duty" at any large "Gathering"; therefore, "Shanti Sena" and/or "Rainbow Gatherers" because the two are equated - have an internal process for sorting out these situations, insuring there is a victim who is willing to sign a complaint, otherwise, these efforts become moot. A number of situations with intense rumors and circumstance which appeared on the surface to be "real" and yet with investigation and assessment of facts, there was no victim, no complaint. Two reported situations, i.e. "Possible rape of a "16" years old, and another person who was transported to a hospital after person collapsed "in Gathering". I.C. investigation turned immediately toward 'sexual predator" rather than wait for more evidence. Neither has gone beyond "suspicion".

231. On at least one occasion this year, at/near Front Gate, a guy with many "complaints" ("in Gathering") of sexual improprieties was spotted by "Shanti Sena" and/or individuals from a nearby "kitchen" known as "A camp".This guy has made agreements with persons "in Gathering" and with Shanti Sena i.e. Gathering: (1) he would not be walking around unescorted i.e. with someone with him - even though there, as yet, has not been any formal charges made i.e. victim with complaint to authorities. (2) he would check in with those persons who he had been "working with" for the past number of years - all this so this guy could be "in Gathering" , with a 'Fair Witness" i.e. "escort" - "sponsor" so he, for sure, would stay out of trouble. (3) Not to be alone with young girls, period. Nevertheless, this guy did not keep these "agreements", i.e. his personal word; therefore when he was spotted an uproar took place, people wanted this guy "out" of the "Gathering". J. Buffalo happened by, placed this guy in "Shanti Sena custody" i.e. "Citizen's protective custody. Meanwhile, tempers flared, finally this guy was escorted by J. Buffalo, another Shanti Sena volunteer "I.Bob"to the LEO's on station at the Front Gate. LEO's escorted this guy away, ran a "criminal check" on him, found no charges on file - this person left the "Gathering". Obviously, it is much better for things to remain peaceful, however, with the ever present LEO's etc., making wild claims of "sexual predators" everywhere "in Gathering", it is no wonder folks got excited. Situation was dealt with by volunteers i.e J.Buffalo and I.Bob, working Shanti Sena consciousness. People are always on "high-alert" "in Gathering". Note: Adams has witnessed 'community watch" in California, where a woman screamed at a "flasher', and over 50 people showed up, in minutes, with baseball bats and cameras etc..

["A camp" mistakenly, is widely considered by authorities, and some "Gatherers", as a place for alcohol, drugs; actually, it is true there are people who come with a "pursuit of happiness" that includes drinking alcohol and some is shared at this "kitchen" even as a form of "sacrament", some for "maintenance". This is "A camp" where Folks are into helping each other - some do have a "habit", like in most of World Society. Incidently, in most National Forests in this Country it is legal to possess and drink alcohol; restrictions exist State by State. Other people - "Gatherers", other than individuals' encamped near "A camp", possess and use small amounts of alcohol. It is true, it is preferred, if "locals"/attendees bring alcohol, it is better it not go into the "Gathering proper" - "A camp" fulfills a task of "filtering".]

232. John Buffalo, Adams, others also have dealt with "sexual predators" at a few "Rainbow Gatherings"; notably, these persons and other Shanti Sena persons have aided in the apprehension of suspects, collection of evidence for prosecution, aided in the prosecution, submitting evidence, information, witness of situations for prosecutors and/or defense in these situations. Due to the intense "community watch" on the children, by parents and peoples who attend "Rainbow Gatherings', AND successful prosecution of these few cases - a well known fact, Adams, John Buffalo, aided a family in the prosecution of a sexual predator who preyed on their sons, "in Pennsylvania Gathering, 1986". This case made National ABC Primetime Live,1991. From this and widely spread knowledge concerning Shanti Sena, few "sexual predators" dare venture into the National Forests, thousands of miles from their usual 'preying" areas, in a "Gathering" where hundreds of pairs of eyes keep close watch upon children, young people who come to the "Gathering' - their parents, friends, and Shanti Sena volunteers, and for many, whenever they are "in Gathering' they keep a close watch; many parents volunteer, at "Kid Village' etc., known places where children congregate during a "Gathering', and keep "Watch". This is a very well known fact by Incident Command.

233. Next, the subject of "Runaways": In their Law Enforcement Documents is many statements concerning "Runaways" as if there so many; and I.C. efforts are concentrated on this issue - using it as a issue in order to stop traffic on the "ingress and egress" to the "Gathering'. I.C. reports possible "runaways" - common sense dictates when any sort of large festival or "gathering" etc., and/or Concert takes place, concerned parents who are actually looking for their children naturally contact authorities in the area near these events and request authorities to keep a watch - a natural and normal action; it does not mean there are runaways attending "Gatherings". Regardless, nearly $750,000 of taxpayer money to make sure no possible runaways and/or "petty crimes" come to the "Rainbow Gathering'. Meanwhile, all around the country there are thousands of young people living in the Streets of America; many of them "homeless', many of them "runaways" or "throwaways". Few would even come the distance through the police "blockades" i.e. "road checks" to a "Gathering", usually in a relatively remote area, with travel through small towns, areas. And as Law Enforcement Reports indicate, two runaways were discovered, and returned Home - one 16 year old "runaway' (whether she had permission to be there from her parents has not been established) was apparently held by police, and questioned in a grueling ordeal, lasting several days and nights, in an effort to "force' a statement from this young person about being raped. No charges were filed, "runaway" was released, and I.C. Jowers admitted to Adams, June 26, it was only a "suspected" rape - See Part 1, Redress Filed, Sept 2003.; yet Incident Command continues to report it as a "probable rape". See also, Attachment U, Update, report on "Roadblocks", this Petition. See also Attachment S, "dis-information" on "runaways".

234. What is not reported is situations like happened on July 1, 2003:

Assistant US Attorney David J. Schwendiman, entered the "Gathering", with an armed escort of LEO's and US Federal Marshals (not just LEO's "sworn in" as Marshals); and, as part of the tour, he was escorted to Main Meadow, near the "Trade Circle" i.e. "giving exchange", where a crowd of hundreds of people were enjoying the day. this area was located at the top end of a "Big Meadow". Near the Center of the Meadow a "Noon Council/Circle" was being held; Adams in attendance, and G.Beck, "lone individual" with "Permit". Information sharing was going on at this Circle, with less than 74 persons in attendance, but "in Gathering Process". Adams observed LEO activity, and after attending this Circle, sharing his point of view on the "permit issue", and hearing G.Beck's view, and others; the topics had moved on, Adams, in the hot sun for hours, and needing to relieve himself, left the Circle and walked to where Asst. US Atty David was standing, met this person. While at this spot, a LEO warned Adams of the potential arrest of a "Gatherer" who was intensely offended that LEO's, others would be "armed" i.e."Guns in the Church". Adams walked with this "Gatherer" away from these LEO's. Meanwhile, Asst. US Atty David walked near the Circle, turned away and said he did not want to bother this Circle.

235. Adams learned later, from various Shanti Sena volunteers, other "Gatherers", during this visit, US Federal Marshals apparently identified a potential "runaway". A vague description had been given these officers and they reacted, began chasing this young girl, who had no idea who was suddenly chasing her, just several men, and she ran into the woods, with these officers in pursuit. This caused no end of problems, chaos, confusion; and it was finally resolved when Shanti Sena volunteers contacted the girl, found out her identify, conveyed that to the Federal marshals in pursuit, who discovered it was the wrong person - also Federal Marshals got lost in the woods, Shanti Sena had to find them and escort them back to the Big Meadow. Crowds of people were alarmed, people ran in all directions etc.. See Attachment S, "dis-information" on runaways" i.e. report on "a runaway" that got"away".

236. This incident began near "Trade Circle", and Asst. US Atty David. A cynic (or person of perception) might analyze this situation and come up with the conclusion such actions upon the part of US Federal Marshals could have led to "mob dynamics", near to Asst. US Atty. Schwendiman, which could have placed his life in jeopardy etc.; all this could have led to a very "nasty" incident. However, the "people" - hundreds of people in "pursuit of happiness' - did not rise to the" bait" and remained in Peace. Shanti Sena volunteers and other "Gatherers" concerned with the situation sorted out circumstances, brought the "Scene" back to "Peace". Another note: In Oregon 1997, Incident Command deliberately drove a US Attorney into the "Gathering Bus Village' where children were playing etc., at a higher rate of speed than "public safety" would allow; "Gatherers" "protested' asked car to slow down, finally began to try to slow it down etc., and this was reported by the US Attorney and Incident Command as a near "riot". Adams would call this a pattern of seeking to create incidents i.e. Incident Command is known among many "Gatherers" as "Incident Creation Team".

237. "DRUGS AND DRUG ACTIVITY" is another "Disinformation Issue".

Rap 107, the Invitation to the "Gathering', "discourage drugs and alcohol and abuse of drugs and alcohol", "Violence and aggressive behavior is discouraged" etc.. These guidelines are well known, Worldwide; and for the most, "Gatherers" are entirely peaceful, nice people. Many "Gatherers' do not like the "Gatherings" being associated with "drugs and drug activity" and there are areas of the "Gathering" where people are asked not to bring even tobacco, coffee or sugar - three mighty "drugs" according to some people. Also, common sense dictates that individuals into "drugs" such as speed, cocaine, heroin, downers, uppers etc., prescriptions or not, "street' or "doctor supplied", these persons tend to stay near their sources, and relatively remote areas in national forest are not their usual source areas; this is well known to police, certainly the public.

238. As for the ‘herbs and grasses" of the Earth, so-called "softer drugs" i.e. marijuana, hemp etc., there is a great national debate going on concerning medicinal, social AND religious use of marijuana. People who attend "Rainbow Gatherings" bring their own habits and actions, and viewpoints. Some attendees/participants advocate i.e. Petition the Government for legalization of marijuana and other helpful "herbs and grasses" and/or hemp etc., throughout the year, in their local communities and/or are part of national and international campaigns concerning medical and spiritual benefits of marijuana and other helpful "herbs and grasses"; and some of these persons attend "Rainbow Gatherings" just like they do many "open to the public" events. Some come with specific presentations, forums, speech, expression, "soapbox", come to share their "viewpoints" concerning these issues. And some folks come with the "Medical Marijuana" prescriptions from their Doctors, in their respective States, where "medical marijuana' is legal. All these individuals, of whatever viewpoint/actions, personal rights are respected by other individuals attending "Rainbow Gathering". Minor violations of so-called "drug" laws concerning marijuana use are an on-going sources of "friction" between Incident Command and "Rainbow Gatherers", however, this is individual/s being CITED FOR THEIR OWN INDIVIDUAL ACTIONS NOT (the Mythical) "Rainbow Family" nor "Rainbow Gathering".

239. Petitioner Adams has petitioned for "Religious Use of Marijuana", advocated this stance publicly, included a writing: "On Marijuana as Sacrament" in "Rainbow Oracle, how to blow minds and influence people" (c.1972), a "booklet" portraying the ‘original" design, pattern, guidelines for "World Family Gathering", sponsored by "Rainbow Family Tribe", July 1972 - an event which has become an annual event known as "Rainbow Gathering, etc.". Adams has ‘Attached" this "booklet" to "briefs" he has filed in U.S. v. Adams, Dist. Mt. 2000.

240. However, Adams Viewpoint, activities, actions, speech in regards to these issues are his own, NOT the Viewpoints or actions, activity or speech OF "RAINBOW GATHERINGS" and/or of any other individuals and/or attendees/participants of "Rainbow Gatherings". Adams, with others, originated/wrote Rap 107, with its statement "drugs are discouraged etc.". Individuals actions/speech "in Gathering", IF PEACEFUL, are respected, given opportunity to be heard, i.e. "Gathering" is a forum for viewpoints, a ‘soapbox of soapboxes". There is no "formal" support by "Rainbow Gatherings" and/or "Rainbow Gatherers' here or anywhere in the World that advocates one Viewpoint or Another concerning these issues i.e. legalization or not legalization etc. - as long as individuals come/act in Peace, their rights are respected. Some individuals come to "Gathering' and engage in ‘social use' of marijuana - only through interference in individual/s privacy rights could specific "use" be determined. Better this is left up to individual/s involved and, if cited, legal system. For more, better information on all these issues contact i.e. medical, religious, social use and legalization of marijuana and other healthful herbs contact - internet info: .

241. Also, it must be noted there are several legal cases involved in these issues pertinent to Federal public lands jurisdictions; additionally, it must be noted that there are many "Rastafarians" who attend "Rainbow Gatherings" - as there are many other religious/spiritual people, some of whom have differing "sacraments"; ALSO, use of “Medical Marijuana” is even now being contested Nationwide, with California and Nevada (two potential “Site” areas containing National Forests, located in 9th Circuit) are strong State’s Rights for Medical Use:

"2 We have previously acknowledged that Rastafarianism is a legitimate religion, in which marijuana plays a necessary and central role, of which Guerrero is a legitimate member. People v. Guer-rero, No. CF0001-91, at 4 (Sup. Ct. Guam July 23, 1999). It also found that marijuana use is sacramental in the practice of that religion. Id. Using RFRA's standard -- namely, a law of general applicability that substantially burdens the free exer-cise of religion is invalid unless the government demonstrates that the law is the least restrictive means of vindicating a compelling government interest... " also, see, United States v. Bauer, 84 F.3d 1549, 1556 (9th Cir. 1996) (Rastafarianism "is among the 1,558 religious groups sufficiently stable and distinctive to be identified as one of the existing religions in this country . . . . Functionally, marijuana . . . operates as a sacrament with the power to raise the partakers above the mundane and to enhance their spiritual unity.").

"9 We do not pass on the importance of marijuana to Guerrero's religion.1. See Smith, 494 U.S. at 887 ("Judging the centrality of different religious practices is akin to the unacceptable "business of evaluating the relative merits of differing religious claims." (Quoting United States v. Lee, 455 U.S. 252, 263 n. 2 (1982) (Stevens, J concurring)"


"This court has previously addressed the distinction between possession of a controlled substance and possession with intent to distribute. In Bauer, we held that the defendant could use RFRA to defend against his prosecution for simple possession of marijuana.". See 9th Circuit, Opinion, People of Guam v. Benny Toves Guerrero, AKA Rastafarian name, Iyah Ben Makahna, No. CF0001-91, No. 00-71247 (May 28, 2002); see also, Thomas v. Chicago Park Dist., (00-1249) 534 U.S. 316 (pro marijuana legalization rally); see also U.S. v. Hardman, US Tenth Circuit, No. 99-4210 (January 2002)

AND: “Intrastate, noncommercial cultivation, possession and use of marijuana for medical purposes on the recommendation of a doctor per the Compassionate Use Act are activities to which the federal Controlled Substances Act, in all likelihood, cannot constitutionally apply. Hardship to plaintiffs and public interest factors require entry of the requested preliminary injunction.” See Raich v. Ashcroft, No. 03-15481 (9th Cir. December 16, 2003),

242. There is also the entire question of the “Rights of Privacy” and “Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). These laws are further affirmations of Constitutional protections for those Persons who access National Forest for “Popular Assembly for purposes of expression, worship, celebration, petition”; after all, any such “Popular Assembly” is a form of “soapbox’, and is the expression of those who attend, it is a “private” (of the people) event, hence “Gatherers’ enjoy “rights of privacy”; also “in Gathering’ “Gatherers” “seek(s) to preserve as private, even in an area accessible to the public, (and) may be constitutionally protected”: RIGHTS OF PRIVACY - “Our holding on this issue is quite narrow. Illegal activities conducted on government land open to the public which may be viewed by any passing visitor or law enforcement officer are not protected by the Fourth Amendment because there can be no reasonable expectation of privacy under such circum-stances. We are mindful that a person can have a reasonable expectation of privacy in a hotel room, a cabin, or an enclosed tent on public lands. See, e.g., United States v. Gooch, 6 F.3d 673, 677 (9th Cir. 1993) (holding that a person has a reason-able expectation of privacy in a tent pitched in a public camp- ground). In Katz v. United States, 389 U.S. 347, 351-52 (1967), the Supreme Court explained that what a citizen "seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”” See USA v McIver, 9830145, (9th Circuit, 1998),

243. "DISINFORMATION" on issue of HOSPITAL BILLS: Regardless of what is written in this "Executive Summary" excerpt there are NO "Rainbow Family members" who go to local hospitals etc.; rather, there are persons, individuals who, of their own accord, use medical facilities and any “billing” is between these individual/s and these medical facilities. These bills are all upon the part and responsibility of individual/s. When there is a Rodeo or a Football Game in a town or city, and some of the attendees go to local medical facilities there is no claims made these are "Rodeo group" or "Football group" and the Rodeo or Football Sponsors are responsible for "billing". Interesting the local medical people seemed to engage in “Syndromic Disease Surveillance”, and possibly gave "confidential" medical information concerning individual's who came to their facilities to Incident Command - how else could Incident Command make these claims as to "billing' i.e. identity of individual's attending local medical facilities must have been revealed, some sort of ‘profiling".

244. It also must be noted Reports from actual Public Health personnel concerning CALM (Center Alternative Living Medicine - volunteer community medical watch) are contradictory. On the one hand, CALM is perceived as “well staffed etc.” by Public Health, yet by Incident Command it is seen as “not available”. These conflicting opinions reflect Incident Command’s “disinformation” leading to a “heckler’s veto”. Also, it must be noted, according to a communique (FOIA) - public health was NOT allowed on “Site” in Idaho 2001; if this is true, Incident Command would have been the authority that prevented Public Health from being “on Site” at “Idaho Gathering 2001” - certainly “Gatherers’ encourage Public health personnel to come on Site and work cooperatively with “Gatherers”. See Attachments U, concerning "billing", Syndromic Disease Surveillance, medical reports, etc.:

"The Rainbow Family has been sensitive to the bad press generated when Family members use local emergency room facilities and do not pay, leaving the county EMS system holding the bag. The CALM unit at the Rainbow Gathering was actively working to treat as many people as possible, rather than have them seek medical care at local emergency rooms. However, as of July 6, 2003 there had been 36 visits by Rainbow Family members to the Evanston Regional Hospital. As of July 1, the unpaid bill for indigent medical services at this facility alone was $26,797.39. They foresee the bill being close to $40,000 for indigent care when all accounts are closed out." See "2003 National Rainbow Family of Living Light Gathering Executive Summary", July 10, 2003.

AND: “Sent: Tuesday, July 01, 2003 S-.17 PM Subject: July 1, 2003 daily update Incident Command meeting at 1 pm.

(E6) from Montana Epi. called to make sure I received his Powerpoint and asked about the event. He's glad it’s in Wy/Ut. He's glad that PH is being allowed on-site, because they weren’t in Idaho, and there were communicable problems.

Our Hospital is averaging 2-3 Rainbows daily. Our ambulance has been called to the site 5 times so far. And (E6) surveillance showed some respiratory illness on Sunday. I reminded people that International Rainbows are here, and not to rule out possibility of SARS, and with the homeless population, not to rule out TB. Just be open to the possibilities.” (E6 is FOIA - name removed for legal purpose)


245. This year, on July 1, because of the volume of citations, a Federal Magistrate set up shop in a trailer, some ten miles from the "Gathering". A parade of people appeared in this "Rainbow Court', and for the most part, the Magistrate dealt a ‘fair hand" of Justice. Many person's fines were reduced and/or dismissed, otherwise probation, with expunged records after so many months was another sentence. See Attachment V, FOIA, Documents on "Rainbow court".

246. At least two persons were convicted of this charge of "speaking up" to the Forest Service, i.e. approaching them, confronting them; individuals were concerned about Forest Service harassment, and their presence at the Gathering wearing weapons. Chris and Joshua were convicted and they had to pay fines of $25. [Note: even though Chris and Joshua were arrested because of the "incident" of June 25th, neither one of these individuals were convicted of any physical action against Forest Service; instead they mainly "ran their mouths", ‘spoke up", perhaps even "incited" people to resist the Forest Service "Incident Creation Team"].

247. According to LEO Lampshire, at June 26th Meeting - upon giving Adams, Brian Michaels, and another witness, these two person's description - LEO Lampshire said these person's weren't wanted specifically for the "rock throwing" incident, rather they were wanted for "inciting" and for "speaking up" against LEO actions on "Site". Adams took the descriptions, and agreed to try to contact these persons, if they were "in-Gathering", and ask them to meet with Authorities. Both Chris and Joshua were arrested before Adams met them - according to witnesses everyone around them was handled roughly and ‘strip searched' as well as Chris and Joshua, who were also handled roughly by LEO's - this corresponds to the "treatment" of Edward Jenkins AKA Kalif, who was likewise arrested for ‘speaking up", on June 27th, at "Front Gate". See Attachment W, FOIA, News articles, concerning these incidents i.e. arrests.


248. "Rainbow Gatherings' are a form of "Street Theatre"; musicians, artists, dancers, "players" i.e. actors/actresses of every sort and form, political and/or religious theater abounds, plus a myriad of of other cultural performances. Plus individuals enter, assume "roles" i.e. sort of a "Hippie" or "Rainbow" Entertainment Park like "Disneyland" (recently Disneyland has been advertising "Magical Gatherings").Example: someone comes as a "stockbroker" on Wall Street named Joe, "In Gathering" he is called "Gentle Ben", etc.. Additionally, a surprising number of attendees engage in “politically-oriented theatre” of various sorts; “religious-oriented theatre” is also a part of “Gathering culture” - “street performers” which abound in cities and towns all over the World, likewise appear “in Gathering’ to play for free, to share their viewpoints in song, dance, stories, theatre.

249. “Rainbow Gatherings’ also are well known events for the “frictional” inter-face between Government and “Gatherers”, giving rise to the opportunity for “Creative Resistance” - forms of song, dance, speech, verbal, non-verbal, theatre - directed toward ‘resistance” of the Governmental interference, harassment, armed presense “in Gathering”. “No Guns in the Church!” “6Up!” etc., these cries are signals for various ‘creative” expressions of differing individual’s “petitions” to the Forest Service AND Government, concerning OPENLY ARMED LEO’s etc., ‘patrolling” “in Gathering”. “Cop Watch” - community watch upon police authority “in Gathering” is similar to programs instituted by citizens in Cities and towns all over America, Worldwide. Responsible people realize they must take an active role in insuring police authority act in a ‘fair and professional manner”. “6Up!” with all its attendant NON-VIOLENT THEATRE activity which comes with this cry echoes the “Streets” of Austin, Texas i.e. “6Up!’ is for “six guns up!” - “armed police have arrived”. “Cop Watch” is a form of theatre, as is “Permit Watch”. Some fine day, when there is minimal Incident Command presense, “in Gathering’, it is likely these forms of theatre will abate. See Attachment S, re: cry of “6UP!”

250. "Rainbow Gatherings” have similarities to forms of Games: like “Sandlot” Baseball Game called "Workup": game is played without "leaders", without hierarchy - people know the rules, play accordingly, everyone gets a chance at bat, pitch, catch, etc.; and/or is "Rainbow Gatherings" very similar to the "Dungeons and Dragons" games played in city parks all over the U.S. (around the World) each Saturday - persons "role playing", for adventure/fantasy i.e. "pursuit of happiness". "Rainbow Gatherings" are also artistically similar to the "Mystery Weekends' held in many places, where individuals get together and play these ‘games" according to ‘rules/customs' and/or make up their own, all within the context of that particular "Mystery" or "Game".


251. "Rainbow Gatherings" are wonderful examples of community organizing; particularly “spontaneous organizing” - peoples who come together without any real knowledge of one another i.e. anonymous persons suddenly meeting and learning to work together. This kind of community organizing, if taken advantage of, could and is very useful in many types of "emergencies". "Rainbow Gatherings' are a version of "self-help, self-organizing” community effort. In California in 1984, the State of California approached various individuals associated with the "Gathering' inquiring as to some way of communications and cooperations on this very issue.


252. Forest Service has argued "Rainbow Family" exists as a legal entity - regardless of repeated attempts upon the part of various individuals, as defendants and plaintiffs, who point out there is no "legal entity" called "Rainbow Family", nor "Rainbow family of Living Light etc.". Forest Service has argued Adams and G. Beck are "members" of a "Rainbow Family" "group". Adams/others would argue "Rainbow gatherings" are a POPULAR Assembly and only a "loosely knit association of individuals engaged in expression" i.e. "Rainbow Gathering". If the courts continue to label "Rainbow" as a "group, then it would have to also be recognized as a type of ‘religious group" i.e. individuals involved in mutual Creed. If "legally" courts and government continue to determine "Rainbow" as a "group" and Adams and Beck "members; regardless, there is still a legal difference, and this would have to be seen Beck and Adams, of differing viewpoints, thereby are of differing ‘sects' within the "Rainbow Family" i.e. G.Beck's viewpoint/actions/beliefs and practices are different than Adams' ways.

253. In this circumstance, Adams should still have "equal standing"; i.e. Adams can take up with a challenge of preferential treatment, of one individual's application over another's, and/or (if necessary) one "member" of "rainbow family' over another; how can Garrick's Application be more "valid' than Adams' Application when, in fact, his activities as he declared them was to be little more than a "contact', same as Adams (who also volunteered to be a "contact" for "Utah Gathering 2003"); and yet, because of his acquiescence to sign a permit regardless of whether he had legal standing to do so, Forest Service willingly accepted G. Beck signing "as an individual proponent'. This is legally opposite to the Forest Service Legal Position in Montana 2000, in Adams case, U.S. v. Adams.

254. Adams contests Forest Service's "integrity", credibility in this matter. Adams claims he is cited only because Adams will not Apply for a Special Use Permit in the manner the Forest service proposes i.e. conspire with forest service to commit violations; to Adams this would be endorsing a "fiction" (in violation of the law). Adams has no "legal standing" to "SIGN A PERMIT"; however, Adams could/ would make "oral or written" application for Special Use of national Forest, as he has in Montana, 2000, and Idaho, 2001 and Utah, 2003, as a form of "Notification" of any impending "Gatherings Adams is likely to attend.


255. It must be remembered "Rainbow Gatherings" come from the "private" sector i.e. from the "PEOPLE”: Tenth Amendment - “powers reserved to the people”, NOT from "Government” - elected or hired to serve the “PEOPLE”; AND Forest Service involvement in the religious/political affairs, of the People who "Gather" in "Popular Assembly", is "verboten" (forbidden) for good reason, in United States of North America. Forest Service seems to want to "govern", be "managers' of these "Rainbow Gatherings", seem to want to take over from the "Gatherers", literally, control the "expression"; AND they want the "Gatherers" to do "Gatherings" their Way, and in what manner approved by the Forest Service. This goes way beyond environmental and health, public safety issues; reasonable regulation worked out cooperatively with "Gatherers" - WORKING THINGS OUT IS NOT A PROBLEM. Forest Service must make up its mind and resume its role of ‘customer service" to facilitate such "assemblies' on national forest land, with the minimum of management involvement upon the part of Forest Service. Otherwise it is costly, money-wise, and costly in terms of civil rights. Besides, no one likes Governments involving itself in their prayers and their politics.

256. Forest Service must come to realize there are very few persons, like Adams and Beck, who continue to seek communications and cooperation, better relations with the Forest Service. AND these same "faces", who have stood to the task of this communications (with many of these being persecuted via citations and jails and prisons) are growing older, less able, both to make it to "Gatherings" and/or to stand to the task of continuing to seek these better relations with Forest Service.

257. Many of these persons, "contacts" and particularly "permit signers" with Forest Service have lost credibility amongst "Gatherers', who critically examine any such relations. AND when these ‘faces' are no longer around, who is the Forest Service going to know to contact amongst the "Gatherers'. With these "hostile" management policies in place, few persons want to become involved. Involvement could mean ostracism from other "Gatherers" and persecution from Forest Service.

258. Few people wanting to become involved with Forest Service, (for good or ill) is reflected by the "Utah Rainbow Gathering" July 1, Noon, Council/circle - Garrick Beck and Adams appeared, after announcing said appearance in many ways. Even with all the supposed interest in these issues, only some 14 people showed up (out of thousands at the "Gathering"); eventually, some 50-60 people, attracted by the "show" did show up, much less than 74. Garrick presented his "Progressive Middle Ground" position i.e. with "permit signer"; AND Adams presented his "position" for an "alternative" i.e. a waiver, with NO "permit signer".


259. Rather than continued confrontations, conflicts, and court cases costing many, many dollars; rather than continued "Incidents" requiring "Emergency Declarations"; AND rather than continuing to violate the civil rights of attendees like Petitioner Adams; WOULDN'T IT BE EASIER FOR FOREST SERVICE TO OFFER AN APPROPRIATE "ALTERNATIVE"? Forest Service can work cooperatively, i.e. good customer service, in helping "Rainbow Gatherers" manage their "Gathering". All this requires is offering an "culturally acceptable alternative" to this Petitioner and others similarly situated. This could be accomplished as simply as UnderSecretary of Agriculture Mark Rey writing a letter instructing Forest Service to adopt the "Resource and Recreation Strategy" outlined by Incident Commander Mike Lohrey, following Oregon Gathering 1997.

260. Right now, another "Annual Gathering, 2004" is underway, people already making plans, seeking "Sites". How much communications and cooperation goes on between potential "Gatherers' and Forest Service will depend largely on whether Forest Service answers to this question of an "alternative' manner of application of this regulation, by opening a way for "ingress and egress" to "Rainbow Gatherers' including Adams. Adams does have legal options to pursue and intends to move assertively in accessing his rights of worship, speech, assembly, now and in the future. In this direction, Adams REQUESTS A MEETING with appropriate people at an appropriate time in an appropriate place, open for any and all to attend, with all subjects on the table, to negotiate and/or WORK OUT a culturally acceptable "alternative" for Adams/others to access national forest land for said "Popular assemblies'. If such a meeting took place and an "alternative" acceptable to Adams was worked out, it is likely Adams then, would not find it necessary to pursue continued legal action in this regard. Adams seeks an agreeable settlement of this issue.


261. An "easy alternative" is available; it is time to simply recognize a Culture dedicated to Peace has a right to be and to have access to National Forest public lands, for a 'POPULAR Peaceable Assembly for purposes of expression" of this "Peace Culture"; it is a period of time in the Year - Annually, when persons/individuals of this "Culture" join in mutual sharing, celebration, petioning of one another, petitioning of the Goverment, Petitionof the Forest Service etc., on a wide variety of differing viewpoints, expression et. al., also in a variety of ways of providing, communicating their expression among all the other expressions i.e. individuals, groups, affinity collectives - religious, political, social - who come each Year and/or come for their first time.

262. All that is needed for this "Annual Gathering" is for it to be recognized for what it is - an Annual, unique, cultural event - over the Years, this event (like WoodStock 1969) has "spawned" an international intergenerational "Movement" (See Diamond Dave poem, this doc) of "forums' - "soapboxes" like thisw "annual Gathering" with similar names, similar "guidelines" - customs i.e. manner, ways of "PRESENTATION" of this exprssive format. Like the current internet system, designed to give as much equal access, rights to the individual; likewise the design, guidelines of the "Annual Gathering of the Tribes", "Annual Gathering of the Rainbow Tribes", "Rainbow Gathering" formatted to give equal access, rights to the individual; social unity is acheived through trust and/or respect, which is hard won, hard acheived - each "Annual Gathering" is unique in this balance of trust in the individual.

263. [Individuals read/hear the Invitation, (or chance by i.e. "locals", "tourists") enter the "Gathering' become informed, through many processes as to "how a Gathering operates in this unique way"; perhaps through "Welcome Home" a "station' (volunteer spot) where information is shared concerning these 'guidelines' as expressed on Rap 107, Rap 701. Attendee discovers (or not) the elements of access (and responsibilities) inherent in this concept of to "do and be" - 'chop wood, carry water, bake goodies, hot drinks, good vibes, many things" - share, provide, give as well as accept, request. "Newbees" entering the "Gathering", sometimes find it hard to 'tune in" to "what is happening": learning Gathering language and customs i.e. how to eat, not to be violent or scam, NOT to sell, not to pack "weapons". Knives, axes, swords, hatchets, shovels, hoes, rakes, sticks, etc. ARE TOOLS - to help feed people, warm people, shelter the people, etc. AND "Newbees" learn (or not) to respect other attendees and their privacy, right to "pursuit of happiness" UNLESS a situation develops wherein other/many attendees must take responsible action, intervene, etc., i.e. some sort of "Shanti Sena' action etc..]

264. "Annual Rainbow Gathering" is a completely unique experience born of vision, speech, expression developing through the Years through the involvement of whoever "Gatherers" whether these be "on Site", "down the road", even persons who read about the "Gathering' in the news. Adams would contend it IS IN THE PUBLIC INTEREST OF THE UNITED STATES OF NORTH AMERICA FOR THE "ANNUAL GATHERING OF THE TRIBES OF THE RAINBOW" TO BE ACCEPTED, PERHAPS ENJOYED, AT LEAST RESPECTED.

265. As a "Live Action" example of Peace through Freedom, like "WoodStock Festival 1969" and other similar events, "Annual Gathering" is amazing, as even (the) only Federal Judge to ever visit a "Rainbow Gathering", has written in his book, on his visit to "North Carolina Gathering, 1987" - Judge Dave Santelle, who now sits on the US Circuit Court of Appeals (since August 1987). "Annual Gathering" "internal processes" are well developed, work very well - when worked with by Forest Service; there are many good stories of "good relations" between "Gatherers" and Forest Service, through the years - "permit issue" to the side. For many years, including "Oregon Gathering 1997", (also "Missouri Gathering,1996") Incident Command would appear at "Main Council/Circle", and would even discuss these issues. After 1997, with advent of implementation of "Law Enforcment Strategy", there is little or no communications between Forest Service and "Gathering/Gatherers" - this is an untenable condition, must be rectified through some application of Regulation 36 CFR 251 i.e. Forest Service implements 'Resource and Recreation Strategy", uses "easy alternative" as per "Request" this Petition.

266. And once Forest Service 'applies' this "easy alternative", on July 1, 2004 (or any year) Forest Service can come to Main Circle/council (forum), present this "alternative' to the "Peoples" Gathered in Peace; there should be a warm, positive greeting to any such "fair and professional" action.

263. With the advent of a Meeting agreed to by UnderSecretary of Agriculture Mark Rey, and a couple of District Rangers and/or Forest Supervisors, in San Francisco, Saturday, January 10th, there is an opportunity for Agriculture/Forest Service to "reduce law enforcement costs", work things out with "Gatherers' and/or better serve the public interest through cooperation and communications with "Gatherers'; such efforts, Adams is sure, will be met with communications and cooperation from "Gatherers" - a cooperative relationship has been the desired relationship all these many years of these "Gatherings' - mutual respect of "Gatherers" AND Forest Service.

264. Adams will be in San Francisco, at this meeting, hoping an "easy alternative' will be forthcoming from UnderSecretary Rey. If this works out, Adams, when filing his Petition (for the legal record) will also file a statement indicating satisfaction with an 'acceptable alternative" i.e. protection of individual's rights, Creed, as well as an 'alternative' workable for said "POPULAR ASSEMBLIES, to meet the concerns of "Assemblers", and Forest Service concerns.


265. IF UnderSecretary Rey takes this opportunity (with the support Chief Bosworth, and LEI, i.e. Dave Ferrell et. al.) to affirm Forest Service "shall offer an alternative manner" for "Rainbow Gatherings" (and other similar events), then a "potential roadmap to Peace' could take this shape:

(1) Directive is issued to Region offices, concerning use of 'alternative'. This is communicated by Adams, others through various methods, a la "Town Crier"; along with a Request that 'scouts', other individuals seeking "Gathering Sites" contact, communicate with District Rangers etc., for map sharing, sharing information, FROM AMONG Appropriate Sites, NON EVIRONMENTALLY SENSITIVE SITES. Evanston Meeting was good for this effort. IF there is no persecution of persons who come to the Forest Service, in this effort, then it is more likely persons (scouts, others) will come forward, share information, etc..

(2) "Scouts', other persons, come together for Spring Circle/council - "Site" is chosen, at some point, by the PEOPLE, Forest Service is notified, come to "Site", "OPERATIONS PLAN" is worked out, "on Site".

(4) Each day, "cooperations council" (internal process) and/or other interested individuals meet with Forest Service, same time, same place - to work out issues.

(5) July 1st, Noon, Main Circle/council (forum for body of individuals withing Gathering) Forest Service presents "authorization" of "Gathering" (from their end) to "Gathering". "Town Criers", like Adams, others, communicate and convey this 'presentation' throughout the "Gathering".

(6) Clean-up and Restoration takes place - 'operating plan" covers this aspect - and when completed District issues letter of affirmation job is done- Letter is addressed simply to "clean up crew' for that particular "Gathering" i.e. IF California 2004 example: "Annual Gathering, California 2004 Clean-up Crew".


266. Potential ways Law Enforcement expenses can be cut:

(1) First, Law Enforcement expense can be reduced significately by working things out, with "Gatherers", through use of "alternative" i.e. Operating Plan etc., "informal" process, developing "operating plan', (no permit signer, no FS efforts directed toward imposing a "chief" system - real or imagined effort), etc., relieving much of the adversarial relationship between LEO's and "Gatherers" concerning "permit issue" i.e. removing the threat of persecution of persons who would communicate with FS and/or LEO's concerning these issues... will go a long way toward improving community relations.

(2) Second, by NOT Declaring an Emergency. When a Rodeo comes to an area, or a Rock Concert, or Political Demonstration, an Emergency is NOT declared. Emergency Declarations require Local Law Enforcement to react to a potential 'threat' i.e. emergency. No other (basically tourist) event is treated in such a manner. Declaring an Emergency instills "fear and apprehension' upon locale. Rather, "Gatherings" should be treated as "normal" multiple use of national forest, with strong public health, public safety and environmental concerns met by 'Operating Plan"; Resource and Recreation, with Law enforcement component, handle such a "Gathering' with directed funding toward resource use management and recovery.

(3) Forest Service recognizes and accepts the "internal processes" of the "Gathering' and/or the SELF-RELIANT NATURE OF THE "GATHERERS". This would mean re-accepting the "Shanti Sena" consciousness/process, and/or "Gatherers' operate in a self-reliant manner with (minimum) of one LEO, and/or one Deputy Sheriff, stationed, with good radio, near Front Gate and/or near Parking Lot areas of "Gathering". Also, at least Four good radios tuned to one another, two for Shanti Sena, two for CALM, so two-way communications between LEO's on duty and "in Gathering" can be easily maintained.

(4) Develop/clarify "Operational Principles" like those agreed to by LEI Dave Ferrell, (and Malcolm Jowers) in Evanston, Wyo, concerning "fair and professional officers", and "handle your own matters, unless you need us" is "along the track" best suited for 'Gathering culture".

(5) Develop and Maintain communications with Shanti Sena volunteers, i.e. community watch, an element of the "internal processes" of "Gathering". Persons like Plunker and Buffalo/others (active Shanti Sena), AND LEO's, in different ways, seek ways to work together to aid public safety, maintain the PEACE. When a situation develops or is developing (where), for whatever reason, there is to be inter-action between LEO and "Gatherers", with potential for friction, tension or ill advised actions (no matter who does it) THEN, persons like Adams and John, others, 'active' Shanti Sena volunteers outa be called upon... and these persons, (at least John and Adams have volunteered to be "on Call" 24/7 during "Gatherings" for "serious" situations etc..(if need be). This is a well-known fact to LEO's, Resource etc. - in Utah, biggest expense of law Enforcement had to be (perhaps) hundreds of POLICE, readied for a "Great RAID" on the "Gathering" - with no descriptions, no warrants, and no riotous people, the Raid ended almost before it began - a total waste of money, a preventable incident - AND better results could have been reached without any sort of "Great Raid".

(6) Cultural Education - Barry Plunker, and John Buffalo, (others), in past years, have presented 'informational workshops" on how "Gatherings" operate, "Shanti Sena" etc., (in the past, complete with video and/or slide show etc.); and/or the subjects of developin Evacuation and/or Emergency plans re public safety issues. Information Sharing was good, and Shanti Sena volunteers and LEO's, Sheriffs, Highway Patrol etc., would be introduced to one another; once "citation for attendance/participation" ends, a door opens for an opportunity for better communications with LEO's etc..

(7) End the Illegal "Roadblocks". Adams has written an entire section on this, in this Petition. Police authority should be on "drunk drivers" etc... not individuals engaged in "ingress and egress' of the "Gatherings".

(8) Reduction of Patrols - instead of LEO "Patrols" every 25-35 minutes - If at all, "Patrols" should be "as needed". Mounted Patrols, if at all, should be cognizant of peoples 'privacy" rights, be non-interruptive, non-confrontational, i.e. be well trained "Peace Officers'. Stop treating "Rainbow Gatherings' as "Ghetto!" This is NOT "brothers and sisters" "IN THE HOOD". This is a Spiritual/religious "Gathering", a "peaceable assembly for purposes of prayer, worship, celebration, peace".

(9) In Michigan, 1983, there was only one Sheriff, and one Resource, District Ranger... this could happen again - particularily, with good communications. More Resource, as needed. Minimal law enforcement presense, appropriate Resource.

(10) Stop using the "Rainbow Gatherings" as events for "training" Law Enforcement. Stop illegal "surveillance" - internet, otherwise - of citizens/individuals and/or Adams, others, engaged in First Amendment activities. Assign only "well trained, culturally educated, fair and professional officers".

(11) Stop viewing the "Annual July Gathering of the Rainbow Tribes" as some potential "threat" rather emphasize community cooperation and commnications. Seek to settle issues and concerns through "informal" process of contact with Shanti Sena, other "Gathering" volunteers, development of a Resource-oriented "Operating Plan" with a Law Enforcement component. If this plan does not work, the option of "heavy-handed" law enforcement is still available.

(12) In the event of any Emergency, an Emergency and Evacuation Plan is worked out with "Gatherers" - Shanti Sena and LEO's work out "principles" of operation, guidelines for responsibilities, communications. Dedication of all concerning, in these situations, is the safety and well being of the "Peoples", protection of the environment, etc.. In other "serious" situations, Law Enforcement and Shanti Sena, if a decent relationship develops, can more easily deal with any concerns. An "outside" possibility is some-sort of "terrorist threat' toward the "Gathering' i.e. people shooting at the "Gatherers" etc.. (this happened in West Virginia, 1980). Good communications would be the "WatchWord' of the Day. The present adversarial relationship imperils any sort of clear cooperations. End the distrust. Good Law Enforcement dictates good Community relations.

(13) When, or If, a situation develops, every opportunity should be given for the situation to be resolved through "Shanti Sena" and/or "Gathering process" with minimal Law Enforcement involvement, unless called upon.

Thank you for considering this Petition. Naturally, Adams does expect a written reply to this Petition; and its two parts: Part 1 filed, Sept 2003, (as mentioned), and this Petition for Redress of Grievance, . If Adams receives no reply and/or is not "granted' an "alternative" that affords him access to National Forest, as requested in this Petition, Adams will, at the appropriate time, dating from the filing of this document, take further legal action. Adams would rather avoid continuing these "Grievances' in a Court of Law. Adams would rather move to "Progressive Mellow Ground". Adams looks forward to your response. My sincere hope is that we can have a more cooperative relationship in the future.

Thank you,

Barry Adams, plunker, Montana

cc: USDA Office of Civil Rights, , G.Beck, B.Michaels, J.Buffalo, People.


(1) Note: Adams and John Buffalo, others act as individuals in all capacities, in and out of Gatherings... Adams and John Buffalo are "experienced" persons concerning community watch i.e. "Shanti Sena" activities. John Buffalo is often hired as a "professional security" for other events, other than Gatherings, as well as Adams. It is with some experience in these matters, Adams reports these events.

(2) Either the Forest Service is ready to actually cut the "law enforcment" budget or not? What it all "boils down to" is self- reliance, self-determination, self-security, validation of the "internal processes' of "Gatherings" to deal with "public safety" concerns, with Law Enforcement "back-up" i.e. "on call" if a situation develops. Good communications and cooperations will be what cuts 50% off the Law Enforcement budget for these Gatherings. Adams relates his witness of these meetings to show that IF such Meetings took place BEFORE an "incident" -- most "incidents" could be averted. Expenditures of such things as excessive "patrols', roadblocks, "blockades", "incidents" created by the presense of so much "friction" due to "harassment" (both "Gatherers" and LEO's chant "harassment"). IF "Gathering processes" are not interfered with, able to fully function, with no threat of citation and/or arrest for those who participate, things will work out - no large presense of Law Enforcement will be needed, or wanted.

(a) Rap on JUNE 25TH "encounter" with LEO's and "tow truck":

(3) On June 25th at a meeting at Shuttle Stop, a number of folks were talking over various problems with Lynn Bidlack and Safety Officer John Selby. Part 1 of my "Complaint" concerning Officer Boreman (sp) relates events of this day; also affidavit filed in a legal case (See Attorney Brian Michaels, re: "Huggy Bear") - both of these documents describe events taking place on June 25th.

(4) Later in the afternoon, John Buffalo and I were working the Road, helping cars, rigs park, and keeping "tuned in" to the continuing discussion going on with attendees and Lynn, John; I was standing along the road, when along comes a LEO Jeep, with Attack Dog, driven by an LEO I believe was Kim Christensen, (short blond hair) - and right behind her is a tow truck. I was right at the Road, so I waved and tried to get this LEO to stop, Kim, by the way, knows and/or has interacted with John and m; LEO drives right by and does not stop - I call out to no avail. Lynn Bidlack and Safety Officer John, who had a radio, and were in conversation, with "Gatherers", right then, concerning Road and parking problems, so why didn't LEO's stop and ask for aid in communicating with the attendees while tow truck did its work, to prevent misunderstandings and incidents like this one. John and I discussed where this tow truck was heading with these LEO's - but John and I had no vehicle and no radios - John and I also supposed the LEO's were unaware that a tow truck had been in that morning, towing a U-haul (possible crime scene, possibly misappropriated vehicle) and John, I and others were present and aided the tow truck from removing this U-haul - NO LEO's came around for this towing. John and I thought perhaps the new tow truck was (mistakenly) for that U-haul (if so, too small).

(5) Note: according to accounts I have read, heard, and Forest Service accounts, the main details of the June 25th "incident" as I have learned are these:

(6) A number of vehicles were stuck in the road and in the field, in an area known as "Lower Bus Village" - after many days of rain and snow, this entire area was very muddy, with vehicles stuck in many places, in the road and field - at times, it was hard to distinguish road from field. Apparently, LEO's had warned folks to move these certain vehicles. Three vehicles were left in the "Road" (with some 20 others pushed, pulled to parking spots); and folks were working onthe last few vehicles, when of a sudden, up shows this tow truck, hooks up and starts to tow away a vehicle - people objected... some folks called for a "sit in" in the Road, near where the Road ran up hill to main Road 307 (possibly tempers were flaring after days and nights of snow, mud etc.).

(7) LEO's apparently called for "back up"; and ALL of the Mounted Patrol just happened to be at that end of the "Gathering" and were able to arrive in a matter of minutes. Apparently, people refused to move, apparently, Mounted LEO's rode through the people to break them up, or get them to move, people were hurt, situation worsened, people moved to wrongful action, first snowballs, then snowballs mixed with mud, somewhere along the way, a rock mixed with snow/mud, back window of LEO vehicle is broken, at that point, LEO's withdrew, with towed vehicle, later preparations were made for the "The Great Raid of 2003" - Incident Commander Malcolm Jowers reply to the "tussle" of June 25th - two persons were later charged with "inciting" fined $25, in Magistrate Court, regarding this incident. Note: a "Gatherer" was hospitalized, hurt in this "incident" and was charged, at the hospital, in this "incident". Charges, I believe, are yet to resolved.

(8) Why did this vehicle (three vehicles?) sitting in a muddy field with only a shadow of a "road" become such an important object for Incident Command action? A possible "object lesson" i.e. do what we say or else!

(9) And, After all the "talk" about "contact and communications", even after John Buffalo and me volunteered several times to answer to any call upon the part of I.C. and/or LEO to help resolve a situation or act as "Shanti Sena", keep the scene Peace; Malcolm, personally, agreed he would do "contact us";, specifically concerning road and traffic situations, at the meeting in Evanston, May 8th (video taped) and again on June 17th, at G. beck's "permit signing" - (I have it taped). John Buffalo and I were on the Road, he and/or I would have gone with LEO's and the tow truck to the area... tensions were already high in that area... LEO documents on the Gathering confirm this... yet, LEO's made their move... obviously, this is why some call these LEO's "Incident Creation Team".

(10) In the late afternoon of June 25th, conflict happened, some folks saw the situation could potentially escalate - neighborhood watch volunteers i.e. folks with Shanti Sena consciousness, moved to re-establish communications with Incident Command. Brian M. and G.Beck, went into town, and called Incident Commander Malcolm Jowers; then met him at a motel, where I.C. Jowers informed them of his plan to enter the Gathering the next day in search of those responsible for the confrontation with his Officers i.e. rear window being broken in LEO vehicle, plus other situations connected to this 'incident'. I.C. Jowers did agree to meet the next day at the "Green Road' camp of Garrick Beck, with Garrick, and possibly Brian, maybe John Buffalo.

(b) JUNE 26th - "Great Raid of 2003":

(4) June 26th, approx 9am I was informed (folks stopped by who had heard) of this meeting to take place, and went over to the "Green Road' where Garrick had once had a camp in the early part of the Gathering - site where he applied for and was later granted his permit. I found there a half a dozen attendees (or so) who were also informed of said meeting and were there to work it out with I.C. Jowers, if possible and to aid in bring Peace back to the Scene.

(5) I.C. Jowers was supposedly to enter the Gathering and be at the Green Road approx at 10am. I argued for moving the meeting back toward the Front Gate, to the Shuttle area, where a greater number of people could then 'tune in" and also communicate with I.C. Jowers - the better to have more folks involved with dealing with this situation. After some discussion, folks waiting at the Green Road, jumped into vehicles and drove to the Shuttle area.

(6) A short while after my arrival at the Shuttle area, a stream of LEO and/or other Law Enforcement vehicles came in the Road from the Front Gate area to the Shuttle Stop. Sometime later, Malcolm shows up: some 15 LEO vehicles had come to Front Gate with Malcolm in the lead, then LEO vehicles stopped at intervals along Road 307, all the way to the Green Road, sealing the Road. Down Road 058, some ten miles away across Elizabeth Peak pass, at a Rest Area, it was reported to me, by folks who were there and witnessed their presense, some 100 vehicles were sitting, full of officers: State Police, Sheriff's etc., awaiting word to come on the "The Great Raid of 2003". Waiting all during the time of this meeting.

(7) I stopped this convoy of vehicles and knocking on driver's window, I inquired concerning I.C. Jowers. Malcolm was in the passenger seat, wearing his black leather gloves. I asked Malcolm to stop right there at the Shuttle area and discuss the situation with those concerned - I also pointed out that he was long overdue, late getting to the Green Road and folks had all come to the Shuttle Stop, to wait and Gather more people to hear I.C. Jowers concerns. Malcolm declared he would meet with people at the Green Road and nowhere else. And then he drove on, with a number of LEO vehicles following. I then caught a ride back toward the Green Road area, as did other concerned folks - LEO's closed down access to this Green Road area, down the road from this area was the area called "Lower Bus Village' where the June 25th incident happened.

(8) After sometime of walking I, others arrived back at the Green Road, and found I.C. Malcolm talking to folks already arrived and/or encamping in the area. Officers with Malcolm were introduced as the Sheriff Dave Edmunds, Summit County, Utah, and his his deputy, and Lt. Col. Sandie Duncan, Utah State Police, and Lynn Bidlacky, Special Use Permit co-ordinator. LEO's surrounded Attendees, like myself, who communicated with these Officials and in a short while, fully armored Horse Patrol, lined their horses up on the Road 307, nearby, during this confab - Fully armored means they had plastic face shields, full riot gear, weapons, fighting sticks (carried throughout the Gathering on Horse Patrol gear). Other officers like the Sheriff and his deputy were also in full riot gear. Lt. Col. Duncan was in uniform. Malcolm had removed his black Riot Gloves.

(9) Malcolm expressed his expectations that 'Gatherers' attending this meeting were there to help him search out and arrest certain persons involved in the June 25th incident. Malcolm, in speaking directly to me and my question concerning what was happening, told me he had been up util 3am in the morning getting 300 officers ready.

(10) A discussion ensued as to what happened, immediately a number of the "Attendees' at this meeting apologized for the incident and indicated they felt the "incident" was an aberration, not something people normally do at "annual Gatherings" - very few situations have ever taken place where there was any sort of physical confrontation between "Gatherers" and LEO's. Persons also stated a collection would be taken to pay for the window.

(11) Some folks spoke up and said they thought that some of the "attendees" involved in the "incident" had already left "Gathering" in the back of a pickup. I.C. Jowers, (who did most of the talking for the officers), was asked if he had a warrant or actual descriptions of those involved in the "incident". Malcolm indicated they had no actual descriptions nor warrants.

(12) Discussion moved on to why is it that Incident Command hadn't communicated with Shanti Sena volunteers as Malcolm and Agent Dave Ferrell had agreed to do - an agreement that was stated several times - in Evanston, and on June 17th, after the "G.Beck permit" was signed, I personally asked Malcolm to remember what was said in Evanston, Wyo., he agreed if a situation were to develop he would contact me (or John Buffalo etc.). Specifically Malcolm agreed to contact concerning Road access and parking problems - the exact circumstances surrounding the basis for the incident. At this point, discussion included "attendees" sharing information concerning Shanti Sena as "neighborhood watch". I chimed in that I had sought to connect and communicate with LEO's escorting tow truck, See June 25th rap above.

(13) After going over the "incident" of the day before, with Malcolm speaking about Forest Service concerns. and "Gatherers" speaking up concerning about "Gatherers" concerns. John and I related about having been available the day, (see June 25th above), and folks related about "community watch", Shanti Sena, etc.. Every "Gatherer" who spoke in this "circle" expressed dismay and disappointment concerning the "incident" - no one agreed with anyone throwing things at LEO's.

(14) "Gatherers' spoke to pay for the expense of the window, including John Buffalo - note: John Buffalo later paid for this window. After a long meeting, questions got around to what happens next? Note: waiting all lined out on Raod 307, near this meeting spot, was the Mounted patrols in full "armor", plastic shielded helmets etc.. During the course of this meeting, it was established Malcolm and company DID NOT have any actual descriptions of any persons who participated in the "incident" of the day before; and, had NO WARRANTS:

(15) At this point I asked the transparent question:

"You ain't figuring doing some "Great Raid" down into this Lower Bus Village area with hundreds of officers, without any warrants and without any real descriptions, no probable cause, and in doing so start some sort of Hippie Hunt, running men, women, children all over these mountains, are you? You all are much more professional than that, ain't you?" (I could see the Sheriff and the Lt. Col. Utah Highway Patrol appeared to be "professional officers").

(16) Right then, another attendee spoke up and started talking about Choices, concerning persons choosing between Light and the Dark, and that he felt that the officers there (including all of them) had been persons who had triumphed over Dark in their life and had chosen Light - to help people, and that is why they had become officers, because they were concerned people. This information seemed to stray from the immediate situation.. BUT the Lt. Col. Duncan of the State Police, spoke up and said, "how did you know that is what happened to me?" speaking to the Dark and Light rap, and then Col. Duncan pointed at a small Peace sign, located on an Attendee, and said, "This is what I am here for." And went on to say he thought that communication between Shanti Sena (he called it your neighborthood watch) and I.C. was a good idea.

(17) At some point, Malcolm did say he had two people who he "wanted" for questioning. I asked him for their descriptions and asked him specifically, were they directly involved with the June 25th "incident". Malcolm related to "gatherers' present he did not have evidence of these individuals involvement but these individuals had been "interfering" with LEO's, and possibly were persons who had "incited' (through speech). I agreed to take these individual's descriptions, if Malcolm gave them to me, and try to contact these individual's and ask them to contact authorities. Malcolm agreed, and while the informal meeting went on, Officer Lampshire stepped to the side with Adams, Brian Michaels and another "gatherer" - gave Adams the descriptions - later, before Adams had occasion to contact these individuals, they were arrested, apparently, "strip searched' (with everyone else around them also "strip searched"); note: some 15-20 "gatherers' had stopped by this meeting and/or were in the area - including a small family of folks fixing breakfast at a small encampment located close to Road, where this took place - Note: location of this "meeting" did not land exactly on Garrick's ole campsite up "Green Road" a ways off Road 307; instead, "meeting" took place on "common ground" i.e. "Gathering Site", on a public access road. See Section on "Rainbow Magistrate".

(18) At this point, situation seemed to turn away from the idea of any "Great Raid" toward other solutions. Malcolm agreed (again) concerning communications and contact with "Shanti Sena" and/or John or me, or others, when any potential situation like June 25th may come into play; to try to avert through maintainting "public safety' measures i.e. working with "gatherers' etc..

(19) At which point, Malcolm, in a secondary action, called upon Lynn Bidlack, who stepped up and gave to Garrick Beck, "Notice" of Revocation of his "permit", based on the "incident' and other things. In effect, closing Road 307, the only access to the Gathering, to all vehicle traffic. During this exchange, I chanced to wander away to another smaller circle where the Deputy, and Lt. Col. Duncan were talking to John Buffalo. I listened in and at one point, Lt. Col Duncan said he often came into similar situations like at rock festivals etc., and he could immediately "see a difference" (meaning he saw there was no actual threat to his officers). The Deputy agreed. It was at this point that I said to these officers, concerning the incident, "Seeing all this (indicating the Gathering and the "stand-off) you may be able to see this is why this "Incident Command Team" is called the "Incident Creation Team."

(20) At this point, I.C. Jowers and company, plus Attendees walked a ways down the road to the turnoff and into Lower Bus Village area, to a scene that was entirely peaceful; people were very aware of the presense of all the Police, one couls see various video cameras etc., people on "Cop Watch" - ready to "fair witness" any action upon the part of "police". However, people were fully peaceful, there were no confrontational situations. Rigs were still getting stuck in the mud, other people were helping get them out of the muck, just as on June 25th. I chanced to walk down the Road 307 alongside of Lynn bidlack who I had met on May 8th, again on June 25th, in the afternoon; and had communicated with a number of times. I asked what she had presented to Garrick and she indicated it was a "Notice" of cancellation of Garrick's "permit" and a total closure of Road 307 to ALL TRAFFIC, period. I asked if food supplies, medical, handicapped vehicles etc., would still be allowed access, after all, there were a lot of people up in the mountains at this Gathering, including children? Bidlack replied, "Well, no one is going to starve while this is being worked out, it might only take a few days!" I walked on to where I.C. Jowers was standing in Lower Bus Village. After a time of watching, with standard "Gathering" going on, no sign of aggressors... Police began to move back up on Road 307, began to go away. I then asked Lynn, in front of Malcolm concerning the Road Closure. Lynn spoke up, indicating it would require going back to town and working things out before any vehicles would be allowed access. I challenged this, and turned to Malcolm and stated, 'for the record, the Judges in North Carolina (1987) and Texas (1988) both stated that there was no way that you all (Forest Service) could stop food supplies, medical and handicapped folks from getting access"; and then I asked Malcolm, 'Ain't it true, ain't nobody has got to go into town work out anything, the person with the authority to work things out is right here and it is you" - at which point Malcolm nodded. And then I asked, "Malcolm, since you can't cut off food supplies etc.. then why don't you authorize these kinds of vehicles to have access... In fact, I will volunteer to go out to Front Gate, and stand there, and make sure ONLY supply vehicles, medical vehicles, and/or handicapped persons get past the Gate, no personal vehicles." Malcolm's reply was, "Don't step over the line, Barry!" At which point I replied, "If I do Malcolm, you will be the first to know". Malcolm also agreed, at this point that John Buffalo, well known to Malcolm, one of the attendees at this meeting, and an experienced Shanti Sena, could also "certify" vehicles entering... cleared also by the LEO's stationed at the Gate. Note: it was after this meeting, on Road 307, I had a conversation with Malcolm concerning LEO Boreman etc., See Complaint filed, Sept..

(21) [Note: it must be recogognized that what I was proposing was exactly the same plan that various Attendees who were "crewing" the Front Gate the Road and parking Lots, plus other experienced Gatherers were already working on access to the Gathering being limited to said vehicles... not enough parking for individual, personal vehicles in, near, Road 307, so basically, all Malcolm was doing was forcing these Crews to move up the timeline for instituting shuttles, plus inconveniencing in-coming Attendees through the closing of the Front Gate - No shuttling directly from Parking Lot to Shuttle Stop, a common sense action - one Forest Service agreed to later See June 28th meeting, See "Shuttle Parking Plan" Agreement with Anonymous Entities]

(22) John Buffalo immediately went on duty at Front Gate as a "certifier' and I relieved him within an hour or so, then, I worked Front Gate as a "certifier" - by the next morning, I had transferred this "certification" into the hands of folks working "Front Gate'.

(23) Front Gate: Parking Lots were all ready being established, as close in to the Site as possible, through efforts of volunteers doing Parking, Shuttle, Front Gate, Road, Shuttle Stop, Communications, Shanti Sena, others. These are "work stations" peopled 24/7 during an "Annual Gathering". Normal Ingress and egress to the Site consisted of vehicles traversing all the way to at least the Shuttle Stop - leading to Main Trail into Center of Gathering, off-loading "in bound", picking up shuttling out "out bound". Supplies, major "kitchens', big "groups", "live-in vehciles" i.e. buses, vans, trucks, (few cars), were flowing in, with supply, medical other vehciles flowing in and out as needed. Normal traffic flow for a Gathering. Front Gate "crew' - volunteers out of the "Gathering" who people the Front Gate, to Welcome Folks Home, orient them to the situation i.e. give them quick lay-out, situation; and/or Front Gate "crew' filters major "scenes' i.e. supply vehicles, handicapped, medical, Shanti Sena - this means very few cars, these go to Parking Lots, folks Shuttle-in - when easy "ingress and egress' takes place;, the flow goes on, somewhat chaotic, as expected, however, "normal traffic flow" for a "Gathering' is awesome.

(24) In the past few years, with the emphasis on Law Enforcement, with I.C. employing tactics like "stop and search" of vehicles, including and/or specifically, "shuttle vehicles" - this "real or imagined" "targeting' of shuttle drivers and shuttles, also peoples "working" Parking Lot, Front Gate, Road, day or night, know there is an "actual' risk of them being singled out and cited. This "friction" causes only "dedicated people" to "work" in these areas - for a "Gathering" that relies entirely on volunteers, making these efforts "dangerous work" (i.e. fear of citation) is a major problem, only folks willing to face citation and/or arrest "work" these "stations". Adams is not speaking/writing of "drunk drivers" etc. (nobody needs "drunk drivers"), rather these volunteers are engaged in "Gathering operations". Ask "Patrick", who was "working' "Road, Parking, Shuttle", this year - See Garrick's Notice of Non-compliance filed against the Forest Service, citations sections.

(25) On June 26th, when the "blockade' was established. LEO's were stationed across Road 058 - peoples driving on this public road, would roll up - if they were simply passing by, they were waved on by LEO's, and "Front Gate crew". If they were coming to Gathering, they were stopped, along Road 058 (and on Road 058)... questions would insue, directions given, if certification of a "big rig" carrying supplies and/or medical and/or handicapped peoples... then Adams, John Buffalo and/or others of Front Gate "crew' would have to call an LEO over, determine mutual certification and then, only then, the vehicle entered the Gathering or was turned away, back to Parking Lot etc.. "Locals" i.e. folks living in the area, wanting to stop by, check out the Gathering, and/or persons like a neighbor looking for a lost dog - later found at his neighbors home... were requried to go through the "filter' and because they were not bringing supplies (except for a few locals who brought in supplies)... they were turned away; unless they wanted to go to Parking Lot, and take a Shuttle to the Front Gate...

(26) Shuttles full of people and gear, were required to stop on Road 058, unload, children, families, individuals, and their personal camping gear, which can be a lot... walk their stuff some 25-30 yards off Road 058, along Road 307... and then, there, await another Shuttle and/or seek to walk in some two miles, then walk another mile or so along Main Trail into the actual Site. Families became seperated... with the harassment of Shuttles, even along Road 307, few people volunteered to Shuttle... people backed up, not only along Road 307, but also along Road 058. This Road 058 situation became immediately highly dangerous with public traffic driving by and Shuttles off-loading... the Front Gate crew, this year, in my opinion, was awesome, and did an enormous job of juggling folks in and out... LEO's were seizing driver's licenses of folks who entered the Gathering to drop off supplies and/or to drive in handicapped folks. This left people driving without license into the Gathering. The situation became untenable. LEO's on duty at the Front Gate 24/7 realized, like the Front Gate "crew' the dangerous aspects of the situation. Blessings nobody got ran into by vehicles on Road 058 - there were plenty of near misses.

(27) Credibility was established between Front Gate 'crew' and LEO's, and Adams was relieved, returned into the Gathering; Things seemed to be working out, except for the "incident" of June 27th, concerning "Kalif" (sp) - apparently there was another breakdown; a situation developed LEO's moved unilaterally without requesting Shanti Sena, or "Gatherer" intervention, or calling on others of the "Front Gate crew" to "intervene" with "Kalif". Situation escalated. "Kalif" was arrested; Officers claim "Kalif" was violent. It is well known many of these LEO's have "personal stuff" with "Kalif" who is well known, it is unusual for an "incident' between LEO's and "Kalif" to turn violent. "Kalif" often has been an 'actor" in expressing "creative resistance" to what is perceived as Forest Service harassment, intimidation of "Gatherers". "Kalif" has been known to be extremely "verbose' toward LEO's. No one like the dangerous situation at the Front Gate... AND LEO's operating the Front Gate, instead of "Gatherers" is always a potentially volatile situation. Not only is it interfering with "internal processes' but also, it creates the kind of dangerous Road 058 situation.

"The Associated Press, Rainbow members charged, Three members of the annual gathering of the Rainbow Family of Living Light were charged Monday in federal court for interfering with the duties of law enforcement officials and inciting lawless behavior, according to court documents. Edward James Jenkins, 52, was charged with assaulting, resisting and impeding law enforcement officials, a felony offense, according to court documents. Jenkins was arrested on June 27 when he refused to let a police car pass near the "welcome home" area of the gathering, the reports stated. As law enforcement officers worked to resolve the issues with Jenkins, he incited action from those nearby by asking them to honk their horns and make noise, according to reports. The arresting deputy received a kick to the knee and a string of profanities from Jenkins as he was being detained, said the charges. Christopher L. Cole, whose age was not given, was charged with two misdemeanor counts for his role in a human roadblock on Forest Road 307 on June 25. Joshua Ryan Riggenbach, 20, was charged Monday with two misdemeanor counts for a similar incident that resulted in a broken police car window and minor injuries to at least two police officers, according to court documents.-- Michael N. Westley"

(c) JUNE 28th, 2003 -

(28) Re: Meeting with Forest Supervisor Tom Tidwell, District Ranger Steve Ryberg, National Non-Commercial Use Co-ordinator Incident Commander Malcolm Jowers - outside Garrick's Tipi, held June 28th, approx 3pm.

(29) On the afternoon of the 27th, I had stopped by Garrick's Tipi and he informed me the Forest Service wanted a meeting about the Front Gate situation, at his Tipi, possibly the next day at 2pm. I suggested he reply to them that such a meeting would be more accessible to the crews working at Front Gate, Parking, Shuttling, Road, etc. if it would be done out at Front Gate or at Shuttle Stop; and it was a drag for Malcolm to insist on meeting with Garrick, at Garrick's scene, concerning "Gathering issues". Garrick said he would do what he could do, and expressed his support of this meeting (and other meetings) be held at the more accessible locations, and not specifically with him present.

(30) Come next day, on the 28th, folks, hearing of this meeting, Gathered out near Shuttle Stop, in early afternoon, when it was learned that Forest Service were meeting at 3pm, at Garrick's Tipi (informed by a friendly LEO) - volunteers from crews working Front Gate, Parking, Shuttle, Road, all walked "in Gathering" to the area of Garrick's Tipi, located at far end of the Meadow. When I got there, a circle had already formed of some 12-15 people, others arriving at the same time as me, swelled the Circle to some 20 or more, others trickled in... I attended:

(1) on "permit watch' - trying to witness interactions between Garrick and Forest Service concerning Garrick's "permit', for legal and educational purposes. (2) as an attendee, who of my own choice, chose to be at this meeting (3) as a volunteer on the Road, Front Gate "crews", (includes some 'Shanti Sena" work) I was hoping for some solution to dangerous situation at the Front Gate.

(31) Upon the arrival of "crew' from Front Gate, parking, shuttle, etc., the discussion turned away from "G.Beck's permit" and/or the "Notification of Suspension etc." which Ryberg had come to deliver (See G.Beck's docs.) and the discussion was turned to finding a solution to the problem created by the "blockade'. Malcolm expressed he would rather have his LEO's on "patrol" rather than stationed at the "Front Gate". And Tidwell expressed he wanted a solution to be "submitted by Garrick"etc. which was rejected. See Section, this paper, on this Meeting.

(d) LAW ENFORCEMENT - After Malcolm had conceded the "Front Gate" back to the "Gatherers' i.e. gave 'management and control" of Front Gate into the appropriate hands i.e. "Gatherers' - a big step for Malcolm... Malcolm and Garry of "Rainbow Crystal Kitchen"- a "crew' forms each year to provide hot soup, etc., to all who stop by this "Kitchen". Garry is another well known "actor" in "creative resistance theatre" - form of expression, speech, protest, petition. Garry is a strong voice against "Guns in the Church" etc.. Malcolm and Garry have met, and have a "relationship" (albeit adversarial). Garry often will follow LEO's while (loudly) requesting them to NOT come into Gathering armed etc..

(32) On 28th, Malcolm and Garry talked about this "informally", and I witnessed it... Malcolm answered Garry's question as to whether Malcolm had had folks searching for Garry, in Michigan, etc., to cite and/or arrest - Malcolm replied, "Yes!" And on that note of honesty, Garry stated he would never attack an LEO physically, and would intervene to protect any LEO from attack. Malcolm thanked Garry for saying that.. and the two shook hands.... Malcolm asked Garry concerning another attendee, as to his whereabouts... Garry questioned Malcolm as to why, and indicated he would not act as guide to someone else; and he expressed his opinion that that attendee also would not physically attack an LEO and Garry would intervene if anyone did.

(33) This "handshake" seemed to be a hopeful sign concerning the tension between some "Gatherers' and Malcolm - this "hope" was later "downgraded' when Malcolm and company rode in ARMED on the Fourth, See Compelled Flag Salute section.

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