Dinner circle was a good time to find one’s friends, while waiting patiently for the evening’s mystery potluck offerings. As usual, vast quantities of vegetable stew and halvah were served by Krishna camp, along with sprouts from Sprout Kitchen, bread from a small crew representing the West Coast’s notorious Lovin’ Ovens, and beans and rice from various other charitable enterprises. The Magic Hat was passed nightly, with musical accompaniment, to keep everything “all ways free”; thus were the kitchens enabled. (The Rainbow journal All Ways Free thankfully included a large map of the Byzantine trails connecting the camps.)
Aside from critical donations to the Magic Hat, money is fairly useless at Rainbow, best saved for gas to get down the road. Dozens of Trading Circle blanket-sitters bartered practical and curious objects—knives, crystals, art supplies—at the large crossroads, with not a greenback in sight. Nearby, the Information Center, better known simply as Info, gave directions to faraway camps and answered questions about health, safety, lost dogs and “lost parents.” Kiddie Village, in view of the crossroads, was wonderfully decked out by Felipe and his crew, with a large kitchen, swings and log seesaws.
Further down the path, past the 24/7 drum circle, lay the fabled Cranberry Glades, a sunken bog of rhododendron trees, wetland plants and millions of grasshoppers, which clustered silently on milkweed plants lining the old road.
A long, sloping path ran alongside an exquisite stream up Cranberry Mountain, with numerous small waterfalls flowing over a series of flat rock shelves. Turtle Soup, Fairy Camp and Jerusalem, hosted by groovy Jews from the US and Israel, were located on this lightly populated ridge, a good mile or two from Main Meadow. At the bottom of the hill, not far from Rt. 102, another stream flowed through large and small rock towers and sculptures, and fireflies filled the air there each evening.
A week of too much fun in the woods has a healing effect, and the serenity of the lush environment was nicely countered by a slew of old and new Rainbow events. Zero Boy got things moving on July 2 with Comedy Night at NYC /Purple Gang, which included a rare recitation of the abstruse sex regulations of a nearby commune. Lively yoga and capoiera sessions were held near Yogaville each day, the Latin jam by Main Meadow was bumpin’ every evening, and music could be found far into the night at many camps scattered about the site.
The morning of July 4th, Rainbow’s holiest day, was by tradition silent, as people read lips and used homemade sign language to indicate essential information (like the location of the nearest latrine). Most drifted to Main Meadow to meditate, and by noon many thousands prayed for peace and held hands, ultimately forming a circle so large it went over the rise and couldn’t be seen from the opposite side—considered an auspicious sign in Rainbowland. At “Rainbow noon”—12:45 or so—Kiddie Village children with painted faces reached the peace pole at the circle’s center, triggering whoops and hollers and an all-day party under the sun.
Armed USFS Law Enforcement officers,, sometimes 12 at a time, had been entering the site all week on horseback and on foot behind shouted Rainbow warnings of “Six-up!” However, no police appeared on site until the evening of July 4th, and the idea that respect was being shown by the police, who apparently were given the day off to be with their families, took hold among some participants.
In another official twist, the nearby town of Richwood displayed a large rainbow-hued banner—“Welcome Rainbow Family”—over the highway, and Richwood’s gracious mayor, Bob Henry Baber, was seen serving soup at the Instant Soup kitchen. Rainbow participants have a long history of spending serious money on supplies in remote communities, injecting a rare economic jolt to the host area. Of course, the well-stocked Wal-Mart in Lewisburg saw plenty of action as well, and their policy of allowing overnights in their parking lot didn’t hurt, either.
Granola Funk—the camp that birthed the touring band Granola Funk Express—was the site of the all-night Talent Show on the 4th. GFE’s rustic two-story wood and fabric stage structure showcased impressive talent, and performers included the Rainbow Gypsies, comic Vermin Supreme, singer Aliza Hava, longtime Rainbow musical superstar Fantuzzi, several GFE MCs spittin’ “hippie-hop,” a classical violinist and many others. The show was stolen by a silent, naked dancer who performed with no music, to thunderous applause.
The morning of July 5th brought the beginning of a big day for NYC/Purple Gang, as G. Rock and dozens of others executed a culinary conspiracy to serve champagne brunch to a lucky 600 people—who consumed 55 dozen eggs, hundreds of potato latkes and lots of fresh fruit salad. Then it was time for the highly anticipated big Whiffleball game, complete with 15 pounds of peanuts, eager spectators and a legendary rivalry: NYC vs. Boston.
According to an anonymous Whiffleballer, the Boston Area Rainbow Family (BARF) team had provocatively dissed their notoriously attitudinal opponent, variously asserting that NYC stood for “Not Your Chair” or even “Not Your Camp,” usually in the company of laughter. However, after Boston’s early 3-0 lead, New York proved the letters really stand for “Now You Can,” as they were well ahead 9-3 when the game was called on account of rain.
Earlier on the 5th, scores of campers who had been ticketed reported to a makeshift court at 9 a.m., conveniently set up on the road near the site. Some paid a $250 or $125 fine, some paid a reduced fee and others opted instead for community service, generally a Rainbow cleanup stint after the event officially ended July 7. Some wore black armbands in protest pf the charges, a gesture described by a flyer as “a sign of our sorrow over the fact that the Rainbow Gatherings have become a criminal activity.”
Rainbow continues to survive as a unique American tribe, defending its culture in the face of persistent legal challenges. Rainbow 2006? Reportedly, the National Gathering, which is in a different state each year, will return to Colorado for an unprecedented three-peat.
Rainbow’s Legal Gray Area
A leaderless, anarchic group, Rainbow—a non-organization without members—has long frustrated law enforcement by refusing to fit neatly into a proscribed legal box, and by choosing where and when to gather by council consensus rather than by application to the authorities. As a result, the FS has used every means at its disposal to attempt to control the site selection process, usually working with Rainbow scouts simply on an operating plan to ensure that health, sanitation, water, parking and other criteria are fulfilled. Rainbows allege a pattern of harassment by police, especially at smaller regional Gatherings, and many arrests have been made in recent years.
Although at least one person signed a use permit for the West Virginia Gathering at Cranberry Glades, Rainbow tradition specifies that no individual may represent the Family. Traditionally, all Rainbow decisions are made by consensus in open council, and this year’s site selection process appeared to set precedent, with Rainbow ultimately accepting the site chosen by the Forest Service (although not specifically authorizing the signing of a permit). The 200+ tickets issued at the Alpena site, reportedly blockaded by the police, was apparently trouble enough, and the Cranberry Glades site—though lacking swimming—was a decent choice perhaps not worth fighting over.
For Rainbow 2005, the Forest Service cited about 950 legal infractions, mostly involving illegal use and occupancy, traffic violations, dogs off the leash (there were many, along with trail poop), nudity and parking infractions. One serious incident involved a man who reportedly refused to remove his garbage from A-Camp (the only alcohol-tolerant camp, confined to an area of the parking lot), and then stabbed an objecting camp resident, who was taken to the hospital.
The current pattern of ticketing Rainbow people—variously described by the media as hippies, neo-hippies, pagans, punks, hoboes or even Satan worshippers—has been in effect since 1995, when the USFS finally managed to promulgate seemingly unconstitutional regulations restricting the First Amendment right of the “people peaceably to assemble” on public lands. It is this provision under which the Rainbow Family had gathered, sans permits, for world peace since the first Rainbow Gathering near Granby, Colorado in 1972. However, the infamous regs, now a decade old, state that 75 or more people may not gather on National Forest lands without a permit.
The Rainbows charge that the nebulous statute has been unfairly and aggressively enforced during Gatherings rather than at scout troupe or church outings. Hundreds of tickets are now routinely issued at national and regional Rainbow events throughout the country. Since the regs went into effect, several permits have been signed by individuals, to the consternation of some who consider such acquiescence the ultimate betrayal of a God-given right of assembly.
In 2002, alleged Rainbow “leaders” Garrick Beck, Joanee Freedom and Stephen Principle served 90 days in federal prison for refusing to pay illegal use and occupancy tickets issued them at the 1999 Gathering in Pennsylvania. Their cases went all the way to the Supreme Court, which refused to hear them. Several other prominent non-organizers have since served time in federal prison.
Despite the difficulties of Rainbow 2005, Joanee Freedom said, “It was one of the most amazing, peaceful and spiritual gatherings in a long time.”
The End of the Rainbow?
By Ryan Grim
Photos by G. Moses
“You bow down to terrorism if you take the guilty plea!” shouted a bearded hippie in a ripped black t-shirt outside the Cranberry Mountain Nature Center near Hillsboro, WV. He was surrounded by around 200 similarly-dressed attendees of this year’s annual National Rainbow Gathering. They, along with thousands of others, gather to silently pray for world peace in what is usually the year’s biggest human circle.
“Go to trial!” cried another.
“This is decision-making by consensus,” whispered Steve Stine, a Forest Service spokesperson. The Forest Service has ticketed more than 200 Rainbows for gathering without a permit, and today is their day in court.
As has been the case since the first gathering, the Rainbows and Forest Service are locked in a legal and philosophical battle over the right to assemble. Specifically, the Rainbows were ticketed for non-permitted group use of Forest Service land by 75 or more people, a regulation that was enacted specifically to address Rainbow Gatherings, after two similarly aimed regulations were struck down in court. To the current charge, the Rainbows present three defenses: they’re not a group, they’re not Rainbows and they were not 75. And they’re making their arguments in a makeshift courtroom set up in the Cranberry Mountain Nature Center, across from the site of the gathering. Until 1959, this ground was home to World War II conscientious objectors and other prisoners, before Millpoint Federal Prison Camp was shut down.
Since 1972, the rangers and the Rainbows have been at each other like this. No one affiliated with the Rainbow Family of Living Light—the unofficial unorganization that doesn’t organize this non-event—would agree to put a Hancock on a Forest Service permit. Three people identified by the Forest Service as Rainbow leaders—Garrick Beck, Stephen Principle and Joannee Freedom—spent time in jail in 1999 as a result. In 2003, Beck signed a permit believing, he says, that it was the only way to avoid a violent confrontation. That permit, along with one signed by Alison Rodden in 2004, enabled the Forest Service to increase harassment, though they were unable to dictate any fundamental changes. This year was a different story.
Gatherings work like this: a council meets to choose a bio-region—in this case the “mid-Atlantic”—then scouts go out within that area to find a suitable location in a National Forest. From the end of June until the middle of July somewhere between 10,000 and 30,000 hippies gather at the site. Notice the lack of any mention of the Forest Service or any other government entity in that process.
This year, the harassment began early, with roadblocks (“information checkpoints”), searches, and arrests. Once the Forest Service counted 75-plus people, they started issuing tickets. On June 14, someone finally filled out the permit provided by Forest Service senior special agent for the National Incident Management Team, Tim Lynn. It was rejected.
Lynn then presented a map of Monongahela National Forest with two circled locations. On June 18, a permit application for a new site on Cranberry Mountain, at the foot of the Nature Center, was signed by Patrick Thompson. It was accepted and most of the Rainbows, having already been ticketed, packed up and headed to the new site. A few remained behind. For the first time, the Forest Service had been able to give an order and have it followed.
“This is the last Rainbow Gathering,” said Rob Savoye, who hosts the non-group’s unofficial Web site, welcomehome.org. “The Forest Service has finally managed to hijack it. It’s over.”
The first group of Rainbows to face trial was offered a deal: each would get a $30 fine or eight hours community service, with no record of the misdemeanor, if they would just sign up for it. Cleaning up the site, which Rainbows famously do anyway, would count as community service. Seven of the eight—three of them barefoot—took the deal. The eighth, Andy Cook of Athens, OH stood alone. “I believe in the First Amendment,” he told me. “I believe in the Family. I came here to stand up.”
One by one, Forest Service officials took the stand to establish that the Rainbow Family is an actual, organized group; they were on Forest Service land; they had no permit; and Cook is a Rainbow Family member, or at least a spectator at the event.
Their first hurdle was the 75-person threshhold. Officer Jason Jacbas testified he counted 73 hippies. Officer T. Rainville then said he counted 21 in “A” Camp, which is deliberately set apart from the main gathering because the “A” campers don’t follow the prohibition—or, more accurately, condemnation—of alcohol at gatherings. Many Rainbows try to distance themselves from “A” Camp, which is made up of a hard-knuckled group that piggybacks every year on the Rainbows’ organizing abilities. Secondly, assistant US attorney Steve Warner had to establish that the Rainbows were an organized group.
For Cook’s part, he seemed more intent on surviving the trial, literally. Shaking intensely and doubled over behind his table, Cook, an “A” camper, told me during a recess, “I'm DT’ing right now.”
When Cook testified on his own behalf, US magistrate judge John Kaull noticed his shaking. “Don’t be nervous,” he told Cook, wearing ripped pants, a torn shirt and a baseball hat with bottle caps bent around the brim.
Trembling harder now, Cook called R.J. Sutton to the stand. Sutton, responding to questions that had been written down for Cook, testified that there is no Rainbow Family, he is not a member and he has never seen Cook in his life. He also testified that “A” Camp and the rest of the gathering were separated by more than a mile as well as more than 75 locals camping and drinking beer. Warner, watched closely by his boss, Robert McWilliams, grilled Sutton, who sported a long ponytail and goatee.
Warner: “How did you hear about the gathering?”
Sutton: “I was at the council that decided it.”
Warner: “Are you a member of the council?”
Sutton: “No, I’m not a member of the council.”
Warner: “If this isn't a group, what is it?”
Sutton: “It’s not a group, it’s a gathering.”
Warner: “Is there a purpose?”
Sutton: “No.”
Warner: “Why do you gather?”
Sutton: “For world peace.”
And with that, his fate was sealed. Cook was found guilty and sentenced to either a $125 fine or 16 hours community service. Moments after hearing the verdict, he bolted from the Nature Center and dry-heaved.
“At least I tried,” he said. “That’s about all I have to say. I’m too sick to think about it.”
Inspired by Cook, the not-guilty pleas increased, along with the courtroom bravado. The circus that was the Nature Center aside, one Rainbow did finally find the loophole. Leo Bopp testified that he had asked officers where in the National Forest he could camp without being affiliated with the Rainbows and without getting arrested. The officers confirmed on the stand that they told him they had no idea where it was safe to camp.
Judge Kaull, perking up, then asked Officer Brian Roemeling, “What is the difference in distance between the camps that’s necessary to distinguish them.” Roemeling had no answer.
Outside, Bopp, 34, with a salt-and-pepper ponytail, basked in the glow of the crowd’s cheer for only a moment before reflecting on his future. “Well, I won’t be able to get out of the next one,” he said, pulling another ticket out of his pocket. He had been cited for driving with a suspended license when his RV broke down. “I get a ticket for driving my own vehicle. Can you believe it?”
CLICK HERE TO VIEW THE RAINBOW GATHERING PHOTO GALLERY
A comment:
By jaris on Tue 26, Jul 2005 18:05
how refreshing to read an objective perspective on the rainbow gathering experience, not steeped in the xenophobic predjudice so rampant in american society these days. kudos to high times for their wide-angled view of what i consider one of the most socially transformative events happening on the planet. i traveled on foot many miles each day to experience as much as i could take in and there were loads more kitchens, encampments, and scenes than any one person could possibly take in. the article focuses heavily on the nyc kitchen scene, which is enjoyable and wonderfully descriptive, but doesn't really come close to capturing the breadth of all that transpires. i would have liked to seen more varied representation for a "rounder" look at things.
Dear Editor Letter
This letter is to commend The Pocahontas Times for its June 30
editorial criticizing the U.S. Forest Service's Incident Command Team
(police) for its heavy-handed harassment of visitors to the Rainbow gathering.
As a young child I was taught that a policeman is our friend. With
rare exceptions, over the years I have found law enforcement officials to
be polite, respectful, and helpful. I believe that when our government
officials are professional, fair, and just that they earn the respect and
law compliance of most citizens.
By and large our local state police, sheriff deputies, and U.S.
Forest Service personnel have been considerate and helpful to the Rainbow
visitors. Forest personnel politely explaining that the ecologically
sensitive Cranberry needs to be protected as they set up boundaries is a
responsible teaching opportunity that brings approval from the Rainbow
folks. Some local officials indeed are taking time to lend a hand, chat a
few minutes with the incoming folks, and offer sincere smiles and
greetings. Setting this kind of ambience gives these public officials
authority and respect when they do need to enforce a clear violation.
On the other hand, the Incident Command Team modus operandi seems to be intimidation and bullying. I have heard credible stories of Team personnel repeatedly ripping apart campsites during spurious search missions, of loud Team comments made in business establishments ("watch out, these Rainbow people might be shoplifters"), of huge numbers of citations for apparently petty infractions. Local Forest Service personnel
are pushed aside.
The costs for running the Incident Command Team for this year's Rainbow gathering will be in the neighborhood of $750,000, which averages
close to $100 per Rainbow visitor. Team members make lots of overtime
money. One has to wonder whether the high number of issued citations and
heavy presence is a pretext to justify this huge budget expenditure.
Certainly the Team's presence is neither desired nor necessary, and
very likely counterproductive inasmuch as it just alienates the Rainbow
people. As one very troubled U.S. Forest Service official told me, "The
Rainbow Family respects the land and cleans up after itself. A year from
now there will be no trace that they had camped in the Cranberry. On the
other hand, some of the large hunting groups we give permits for trash the
land leaving scars for years."
I write this letter on July 4, the anniversary of our nation's
independence (and my own wedding anniversary to boot). In reading the Declaration of Independence, I find that one of the grievances addressed to
King George was that "Šhe has erected a multitude of New Offices, and sent
hither swarms of Officers to harass our peopleŠ"
Debbie and I were attracted to this area more than 30 years ago because of the Monongahela National Forest region. We, too, were looking for an alternative to mainstream culture. We found the people here to be
delightful, friendly, and accommodating to our own unique and perhaps odd
lifestyle, and settled in.
The greatness of America is in its struggle to be a nation that combines many cultures, nationalities, and people personalities into an orderly, respectful, and civil society. To this end the Rainbow Family gathering is a challenge and an opportunity for us all to build a better
America.
Allan Johnson Dunmore
Bastille Day July 14 2005, The Gathering is Over
July 14, 2005
The Pocahontas Times
810 Second Avenue
Marlinton WV 24954
Phone (304) 799-4973
At the end of the Rainbow
(gathering)
Drew Tanner
Staff Writer
The party's over.
It appears things are returning to normal in Pocahontas County as all
but a few hundred of the 10,000-plus people who attended the Rainbow
Family's national gathering have packed up and left.
On Cranberry Mountain, only a handful of scattered camps remain, and
the birds can be heard chirping in the forest once again. Along the Charles
Creek and Bruffey's Reserve Trails, members of the Rainbow family could be
found quietly working, erasing the signs of the tent village that was there
just one week ago.
Fire rings and latrines were being filled in, rocks and gathered wood
dispersed through the forest, footpaths raked to loosen compacted soil and
native seed mix planted in areas where vegetation was either trampled by
thousands of feet or disturbed by parked cars along the camp's perimeter.
"The idea is to make it look like no one was here," said Digger, a
young man with chin length red hair and a scraggly beard who was moving
large stones away from a former fire pit.
Local forest rangers have been providing a supervisory role in the
clean up, inspecting the site and making sure things are being put back to
normal, said Gauley District Ranger Doug Oliver.
Those staying behind to clean up the site had already hauled out most
of the trash left behind by others, Oliver said. Mounds of trash bags could
be found at the various trailheads along Forest Road 102 and the Highland
Scenic Highway.
"What's slowing them down now is sorting out recyclables," Oliver said.
"They have a really good track record from past gatherings," Oliver
said of the Rainbow Family's reputation for cleaning up after its
gatherings. "I don't have any reason to think they won't do well this time
around."
During the gathering, U.S. Forest Service rangers located larger
structures and kitchens on the site with Global Positioning System devices,
Oliver said. Those GPS coordinates are now being used to make sure those
sites are properly remediated.
While there were some initial concerns about sanitation, given that
the permitted site for the gathering was considerably smaller than past
sites, Pocahontas County Sanitarian Dave Henderson said his own inspections
of the site went well.
"For what they were doing, I was really impressed," Henderson said.
"I had to go up there a few times to test their water, and all their
filtration was working. For camping out with a group that size, it looked
like they were doing things right."
From a law enforcement perspective, Prosecuting Attorney Walt Weiford
was cautiously optimistic about the conclusion of the gathering.
"I think it went okay," Weiford said, "but there are still 300-to-400
people up there. Until everybody is gone, I'm going to consider that we
still have a situation that might need attention."
Weiford said he was also pleased with the level of communication and
cooperation between USFS and local law enforcement officers.
"Nobody had the attitude that they had territory nobody else could
step on," he added.
During the course of the gathering, local law enforcement had to deal
with only a few felony offenses. Most involved stolen vehicles.
In one instance, a suspect was charged with driving a vehicle he had
stolen from Oregon to the gathering. While the vehicle had been entered in
the NCIC database, Oregon authorities declined to have the man extradited.
He was charged with joyriding and let go, Weiford said.
In another instance, a suspect allegedly stole a vehicle from a
Durbin resident and wrecked the car near Churchville, Virginia. He was
later taken into custody by West Virginia State Police, charged with grand
larceny (auto) and placed in jail in lieu of $10,000 bond.
Pocahontas County Magistrate Doshia Webb said most of the offenses
that came before her included things like driving under the influence,
driving without a license, disorderly conduct, obstructing an officer and
possession of marijuana.
By the time many had appeared before her they were able to be
released on credit for time served at Southern Regional Jail, in Beckley,
Webb said.
USFS law enforcement officers handed out a total of 313 citations for
various misdemeanor offenses as of July 6, according to Steve Stine, a
public relations officer with the Incident Management Team.
Fines for offenses such as unleashed dogs, resisting an officer,
interfering with use of a road and illegal occupation ranged from $150 to
$550.
Those citations were being dealt with through the U.S. District Court
in Elkins, which held hearings at the Cranberry Mountain Nature Center on
June 26 and July 5. A third set of hearings was held in Elkins July 12.
Off the mountain, local merchants had a mix of experiences with the
droves of people who made their way to the gathering along U.S. Route 219.
To the north, at Sharp's Country Store in Slaty Fork, Betty Sharp
said the increase in business was welcome.
"We had an all right time with them," Sharp said. "We really didn't
have any problems."
"A lot of them didn't seem have money to get back once they attended
the event," she observed.
In the south end of the county, Taylor's Grocery owner Bob Taylor was
also glad to have the extra business.
"We didn't have any problems at all, really," Taylor said. "It was a
good little boost for us."
Some of the businesses in Marlinton had a very different experience
from those to the north and south.
"We had some trouble," Pocahontas Foodland manager Sheila Landis
said. "We had some people who were begging for food, begging for money.
Along with panhandling in the parking lot, Landis said some were
found picking through the dumpsters behind the store.
"One person actually asked me when we were going to be dumping our
trash," she said. "I had another tell me they were the national champion
dumpster diver."
In several instances, Landis said she had to call the police to get
people off of the store property.
Down the road at the Little General gas station, manager Carolyn
McCloud had her doubts that those causing the problems were really part of
the Rainbow Family.
"I don't think the one's that were bumming around here were the real
Rainbows, just homeless people," McCloud said.
While the store saw quite a bit of business during the gathering, it
didn't make the experience any easier, she said.
"We had quite a few problems," McCloud continued, "some thieving,
people going through the dumpster."
"It's been a rough three weeks," she said. "It's back to normal now,
I hope."
Where will they go from here?
A council held July 7, the last day of the gathering, deliberated for
a little less than three hours before deciding on Colorado as the site of
the 2006 gathering.
It was the shortest council in the 33-year history of the group.
****************************
Magistrate Court
William P. McNeel
Bruce H. Runion, Jr., of Brooklyn, Mississippi, was arrested on charges of
obstructing an officer, two counts, public intoxication, and possessing
less than 15 grams of marijuana by Deputy Sheriff T. A. McCoy on the 6th.
On Monday Runion appeared before Magistrate Webb and pled guilty to all
charges. On the first three offenses he was sentenced to five days in jail,
with credit for time served, and fined a total of $100. For the possession
charge he was placed on probation for six months. Court costs came to $640.
Warrick W. Carpenter, of Buckeye, was arrested by Deputy McCoy on the 6th
on a domestic battery charge. He was placed in jail in lieu of $500 bond.
Derek D. Benedict, of Flushing, Michigan, appeared in court on the 7th on
citation charging him with possessing less than 15 grams of marijuana. He
was placed on probation for six months and assessed $159.50 in court costs.
The citation was issued by State Police Tpr. F. H. Barlow.
****************************
Letters to the Editor
Dear Editor:
Thank you once again for "telling it like it is." Xenophobia and
heavy-handed police tactics have no place in a democratic, pluralistic
society. Participation in alternate culture events is entirely optional.
Let them be.
Dick Evans
Hillsboro
July 7, 2005
The Pocahontas Times
810 Second Avenue
Marlinton WV 24954
Phone (304) 799-4973
County Jail closes its doors
Rainbows celebrate 4th of July with prayer
Drew Tanner
Staff Writer
It was hard to tell just how many of the 10,000 members of the
Rainbow Family camped on Cranberry Mountain made their way to the main
meadow Monday morning for silent prayer and meditation.
The morning of prayer lasted until around noon. "Rainbow noon," some
note, does not necessarily coincide with 12:00 noon.
During the silence, some sat, cross-legged on the grass gathered
around a 15-foot pole in the middle of the meadow that was tied with
colorful strips of cloth. Others slowly moved through yoga postures. Still
others simply stood, and many sat or laid quietly on blankets.
Quoting a familiar phrase, one banner hanging in the woods read, "The
family that prays together, stays together."
Despite their myriad methods of prayer, their purpose was the same:
to seek peace and healing for the world.
As mid-day approached, family members rose up, encircled the 50-acre
meadow and joined hands.
"This is the biggest act of love taking place anywhere in the world
right now," one Rainbow oldster whispered.
The silence was broken as those in the circle began chanting the
syllable "om."
Considered a sacred syllable of Hindu origin, "om" is thought by
followers of that faith to be the syllable that brought the universe into
existence. It also marks the beginning and end of all Hindu mantras and
incantations.
The meditative mood of the morning later gave way to celebration, as
hundreds of children and musicians paraded from Kid Village to the center
of the meadow, complete with drums, saxophones, trombones, face paint,
banners and a stilt-walker.
The dancing and celebration itself lasted well into the evening.
The day of prayer and celebration on Cranberry Mountain was also
unlike previous days in that US Forest Service law enforcement officers
appeared to be largely absent. As the afternoon wore on, however, the
officers gradually returned, but appeared to be staying along the roads
that mark the periphery of the gathering.
While the gathering will last until July 7, many people could be
found taking down their tents and packing up their cars Monday afternoon. A
press release from the Forest Service said attendance was expected to
decline after July 4.
In the evening a variety show at an impressive, makeshift theater,
complete with a two-tiered stage adorned with banners and solar-powered
lighting testified that the festivities were not quite over yet.
_ _ _ _ _ _ _
District Biologist teaches at Rainbow Kid Village
Drew Tanner
Staff Writer
Wildlife biologist Jay Martin never suspected he would end up working
on a District that would host the Rainbow Family's annual gathering.
Neither did he think he would be teaching children from Rainbow families
about some of the forest resources that surround their camp site near the
Cranberry Mountain Nature Center.
"I was working with the Permit Administration folks, and as we made
our rounds of the camp we visited a place called Kid Village. I found
myself thinking what a great place to get out the Rainbow and Forest
Service messages of land conservation to a younger generation," Martin said
in a media release.
Martin is the Wildlife Biologist for the Gauley District with offices
in Richwood, West Virginia.
On Friday, Martin talked with children at Kid Village, a place where
younger children can be left in a sort of outdoor day care to allow their
parents time to experience the gathering.
Martin introduced the children to wildlife that is indigenous to the
Cranberry Glades Botanical Area.
"I think we have many interesting types of animals that appeal to
younger children," Martin said, "including black bears, deer, hawks and
reptiles."
While he had to compete with the teeter-totter and a man playing
saxophone, more than a dozen children and grown-ups gathered around Martin,
who unfurled colorful posters of butterflies, mammals and birds.
Along with the posters, Martin brought casts of paw prints from a
black bear and a red fox. Pressing the casts into the mud, he showed the
children how to identify the paw prints they might find in the wild.
A photo of a red spotted salamander elicited shouts of "I saw that!"
from many of the children, each anxious to attest to the wildlife they had
observed during their stay.
Rainbow Murder trial updates
They come from different generations, a wide range of societies and almost
every state in the Union, but together they have one goal in mind to live
in peace and harmony in unison with nature.
Dozens of members of the counterculture Rainbow Family have set up camp
just outside of Elkins for the annual Spring Council the time when they
scout out a location for the annual gathering. The sites they’re
considering remain secret from the mainstream population until later this
month, but some have indicated the July 1-7 event will be in a national
forest somewhere within a 300-mile radius of Elkins.
The gathering is expected to draw from anywhere between 10,000 and 100,000
people, although U.S. Forest Service officials say 15,000 is a likely
estimate. The highlight of the event is the July 4 prayer for world peace.
The Rainbow Family means different things to different people.
“Non-members,” as Rainbows like to be called, share a common interest in
non-violent, alternative lifestyles based on Native American traditions.
They celebrate their love for the earth and each other at various
gatherings across the globe. Many Rainbows don’t mind being called hippies
and most don’t use their birth names in the camp setting.
Rainbows are quick to point out that every camp is different. That held
true on Wednesday when two groups made their temporary homes in the Little
Black Fork area of the Monongahela National Forest east of Elkins.
The first camp was declared in a wide, open area just off the main forest
road. About a dozen men who appeared to range in age from early 20s to late
50s, a few women and children, five dogs of various breeds and a black and
white cat gathered for an afternoon in the sunshine. Parked around the
circle were a pickup truck with a topper, a former school bus that had been
painted blue and an old camper. In the back stood a tent.
Mouse, whom the other campers said could serve as the spokesman, had a firm
handshake as he said, “welcome” with sincerity and then took a seat on the
sun-baked ground.
“We have every right to be here. We’re all peaceful people,” Mouse said,
his long, curly brown hair held back with a bandanna.
About 74 people plan to remain at the site until around June 14 and U.S. Forest Service personnel had asked them to obtain a Special Use Permit. However, no one wanted to comply, according to Mike Baines, Natural Resources group leader and acting forestry supervisor for the U.S. Forest
Service in Elkins.
“Any large group, like the Scouts, usually gets this permit,” Baines said.
“But they (the Rainbows) said they weren’t interested. These are warm,
friendly folks and they like to do things by consensus. No one’s the leader
and no one wants to take the responsibility.”
Baines said there’s not much the Forest Service can do about the situation
and probably won’t push the issue. “It’s one of those things where one
person says ‘I’m here because I want to be here and these other people just
happen to be here, too.’ Some of them will leave and others will come.”
Though soft spoken, Mouse, a Texas native who had somehow lost his drawl in
his travels, said he was protesting and pointed to the black band tied
around his right arm. “We’re protesting the permits. It’s our First
Amendment right to gather peacefully,” he said. “We’re an organized
disorganization. We’re all individuals.”
Dealings with U.S. Forest Service officials in other areas were not always
pleasant. “We’ve had problems in the past,” Mouse said, quickly making his
way to one of the vehicles. He returned displaying the Ocala, Fla., Star
Banner newspaper. The edition from January 2004 told the story of the day
the Rainbow Family was asked to leave their camp.
“They (Forest officials) said they were going to have a controlled burn and
we had a half an hour to leave,” Mouse said. “We had about 50 people around
and kids were there, too.”
Along side Mouse stood Runnion, who said he came from everywhere including
the Ozarks. He had been in the military and worked as a carpenter and a
chef. Now he spends most of his time with the Rainbow Family.
“We’re the front gate, the protectors. We filter out the bad energy,” said
Runnion, who was also wearing a bandanna and no shirt. “We’re all family;
we take care of each other.”
Runnion “strongly discourages” panhandling and campers visiting local food
pantries asking for large donations. He’s a strong proponent of keeping the
Earth litter-free. “When we leave, this will be cleaner than when we came.”
While Mouse and Runnion were keeping the gate, Sister arrived and showed
the way to another camp, known as a kitchen, just a few hundred yards away
and not visible from the road. Just off the roadside, she was greeted by
Rockie, a pretty blonde girl from Ohio, and Mr. White Owl, a long-haired
musician.
“Welcome home,” Sister and Rockie said while giving hugs. Sister led the
way down a dirt and rock path where native Rhododendron stretched under a
canopy of 70-foot tall oaks. At the foot of the path was the camp with the
river gently rolling behind it. Mr. White Owl had run ahead and was
standing barefoot beside a fire playing the flute.
For many of the campers, this trip to West Virginia was a first. But some
knew of the 1980 gathering in Three Forks near Marlinton. That was the year
two hitchhikers, Victoria Durian, 26, of Wellman, Iowa, and Nancy
Santomero, 19, of Huntington, N.Y., were murdered before they reached the
camp. Jacob Beard was convicted of the murders in Greenbrier County in
1993, but was retried in Braxton County and acquitted in 2000.
Now, 25 years later, Sister and others sitting around the campfire say
“it’s time to heal.”
“There was another death from unnatural causes (during a gathering) in
Utah,” said Scott, who owns a carpentry and painting business in Georgia.
“If it had happened in an alley, no one would have noticed. But, since it
was at a Rainbow gathering it was made out as something bad.”
Society has a concept of Rainbows that those around the campfire say is a
misconception. “We’re not terrorists, we’re not negative at all,” said
Rockie, who in just her first year with the group has attended four camps.
“It’s better if people in normal society perceive us as a family. We’re a
family gathering in peace. We’re all here to love each other.”
In the family setting, “everyone does their part.”
“We’re one huge working family,” Rockie said. “And different people do
different things. Churches bring us food and clothes. It’s all kind souls.”
Living in the wilderness is a different way of life, but Rockie said she
has learned from her experiences. “We don’t have TVs or showers. We don’t
need makeup or blow dryers because we’re not here to judge each other,” she
said. “I’ve learned a lot and have different values. Live here for a month
and you’ll see.”
For some, the trek to the upcoming weeklong gathering may be the only
connection they have to the Rainbow Family in a year or a lifetime. For
others, Rainbow is their family and way of life.
For Rockie, a friend told her, “go, it’s you.”
“I did and it was me. This is my family,” she said.
Sister arrived at the camp in a late-model vehicle and would only confirm
that she is from “the eastern forest bio-region” and recently graduated
from a college, which she declined to name.
Another camper, Spider Monkey, who appeared to be in his early 20s, calls
himself a “road dog” and said he travels around “seeing the country.”
Making their way from town to town and living in the great wide open is
just one of multiple reasons people form an association with the Rainbows,
according to One-legged Matt from Battle Creek, Mich. “Many come for
different reasons, but mainly for world peace,” said Matt, dreadlocks
framing his light brown face. “Some can’t stand Babylon (the name used for
mainstream society).”
Scott attended his first Rainbow event in 1989 and then became what he
terms “a professional student” majoring in English. After a marriage that
didn’t go the way he had hoped came to an end, he returned to the
gatherings on generally a yearly basis. He wishes someday his mother will
come with him. “What I like most is the absolute diversity,” Scott said.
“You might be sitting around a campfire having a conversation with an
airline pilot, a pathologist, a hobo and a plumber.”
Music is a big part of entertainment for the campers and the genres range
from chamber music to bluegrass and jazz. Other sources of fun have
included a round of The Dating Game, yoga workshops, meditation, flying
kites and even “watching a dog climb a tree,” Scott said laughing. “One
year this guy set up a mini golf course. We had to make the clubs out of
sticks with rocks tied to them.”
In the summer there may be “some casual nudity,” according to Scott. “But
I’m not into that myself, I need pockets.”
Amid the makeshift kitchens and homemade sporting equipment, there is
another thing found in mainstream society that the camps lack. “Stress, oh
no, we don’t have that,” Sister said.
By LINDA HOWELL SKIDMORE
--- --- --- --- --- ---
Rainbows Blocked From Camp
MANDATORY COURT DATE Rainbow gatherers received tickets Tuesday
for “Use or occupation of National Forest Systems Land without a permit.”
The tickets come with a mandatory court date to be scheduled for June 28.
U.S. Forest Service officials have brought in a Rainbow
Family Incident Team that is currently stationed at Snowshoe Mountain
Resort. Several Forest Service officers and state police troopers gathered
at the start of Forest Service Road 162, below, to set up an “informational
check point” to warn campers that they would be issued a ticket if they
tried to enter the site.
*** *** *** *** ***
Group Selects Sully Road Site for July Gathering
By LEAH DEITZ
Those chasing the rainbow shouldn’t expect to find a pot of gold along
Sully Road near Glady Fork, the official “unofficial” site of the 2005
North America Rainbow Gathering.
Instead, a Forest Service task force called Rainbow Family Incident Team
(RFIT) has established an “informational checkpoint” in what many locals,
as well as gathering guests, are calling an intimidation tactic.
Several Rainbows had gathered earlier this month at Little Black Fork where
they formed what is known as a holding camp while they scouted the area for
a gathering site. On Tuesday, campers “began the move” to the gathering
site near Glady Fork.
However, Forest Service officials closed the road into the site after a
number of Rainbows had set up camp. The roadblock that included stop signs,
Forest Service vehicles and state police cruisers, along with numerous law
enforcement officials, kept anyone else from entering or exiting the site.
Representatives from The Inter-Mountain were told they would be ticketed if
they proceeded past the checkpoint.
Several Rainbows stationed just outside the site in campers and cars
awaited an opportunity to reunite with the rest of their group.
“They (Forest Service officials) are trying to intimidate us away from this
site,” Rockie, a 23-year-old camper said. “We were all ticketed because
they said that there was more than 75 of us, but they refused to line us up
and actually count us all.”
Forest Service officials passed out a notice stating: “To address public
health and safety concerns and resource impacts, a free USDA Forest Service
permit is required for any noncommercial activity involving 75 or more
people. A permit application must be submitted at least 72 hours before 75
or more people have gathered.”
Glowing Feather, who has been to all but five gatherings, said Rainbow has
its own “Shanta Sena” or peace keeper and Forest Service intervention is
not mandatory. “This is an in-house regulation established by the Forest
Service,” Glowing Feather said, noting that the Forest Service’s initiative
is highly expensive.
Currently, the RFIT is stationed at Snowshoe Mountain Resort and officials
have traveled from as far as California, Arkansas and Arizona, Steve Stein,
information officer for RFIT said.
Rainbow gatherers pride themselves on being gentle to the land as well as
taking care of themselves without outside intervention, gatherers said.
“I could understand if we were burning down the forest but we are not,”
Glowing Feather said. “I challenge you to come back and look at the site
after we are gone.”
“We clean up after ourselves and others,” Rockie said. “We are not hurting
anyone and we respect the land ... but the Forest Service wants to arrest
us for inciting.”
According to a small group hoping to enter the site, Forest Service
officials have been threatening to arrest gatherers if they do not find
another location or sign a permit. However, the Rainbow is not an official
organization with any official governing body.
“There is no one person really speaking for the group,” Stein said. “The
rainbow is a loosely structured organization with leadership aspects kept
at a minimal.”
“They (gatherers) are not being allowed in because this is considered an
illegal gathering,” Stein said. “Someone needs to come in and get a
gathering permit.”
According to Stein, there will be issues such as privy location and kitchen
sanitation that need to be addressed.
“When you create an instant city there are things that will need to be
addressed,” Stein said, adding that Elkins has a population of 8,000 and
this gathering could bring at least that many. However, Stein also noted
that there are security and medical units within the Rainbow called CALM.
Henry Nefflen lives in the vicinity of the gathering site. He said he feels
threatened but not by the gatherers. “I have seen presidents come to
Elkins and there wasn’t this many law enforcement officers,” Nefflen said.
“The law enforcement has a path beaten down all along the road ... and
since it is Forest Service land you would think they’d pick up some trash.”
Nefflen is concerned about the price of Forest Service intervention. “This
has to be costing a fortune,” Nefflen said.
The site is located along Forest Service Road 162 on Sully Road near the
Glady Fork River. Forest Service officials said they plan to enforce the
current regulations and gatherers said they plan to find a way onto the site.
“We just want to go into the woods,” Glowing Feather said, noting that
gatherers may have to resort to camping on the Forest Service lawn if they
cannot get onto the site.
Report From The Rainbow Gathering 2004
By Jim Fox
Welcome Home.
The Rainbow Gathering is a world wide convergence of people that some how has been able to happen for 33 years in a manner that resembles life & magic. This year they changed the name from The Rainbow Gathering to just The Gathering and that it was. People automatically link The Gathering to Burning Man but they are from two different dimensions barely in the same reality and not nearly the same. Burning Man is a party/art show, The Gathering is about love.
The Gathering takes place at a different spot, in a different national forest, in a different state every year. This year it took place in California in the upper most northeastern corner of the state at the Nevada/Oregon/California border in the Modoc National Forest. Thirty miles down a gravel road, 100 miles from the nearest town larger than 100 people. I never saw the Milky Way so bright. It was up at 7,500 feet in pine trees and sage.
When you finally get there, the greeters come to your car and introduce themselves with "Welcome Home" and home you are. You then find a place to park and have to walk over two miles to the Main Meadow. There are probably 20 miles of paths on 3,600 acres of forest and 35,000 people and it is amazing. Camps are about 100 yards apart and offer everything from Yoga to Daycare to food and everything is free. Everywhere there are kitchens serving vegan food, veggea pizza at Lovin Ovens, to curry at The Krishna Camp. Everyday at sunset, in the meadow, 1,000's of people would gather into circles, like a dart board, and all the food camps would bring food and feed everybody an eight course dinner. This is all free, everything. These food camps were amazing. Some capable of feeding 1,000 people a day, and they would carry everything, stoves, ovens, food, supplies on their backs and carts miles from the road, up & down hills, to make this all happen, and it did happen.
I have always wanted to go to The Gathering, but it has always been so far away, places like Montana, Colorado, etc... that I couldn't even dream of making it. I am lucky if I can get the 12 miles from Marin to San Francisco. I knew I didn't want to miss this opportunity of it being in my backyard. It officially runs from July 1st through 7th (though setup & cleanup take months more). So come July 1st I finally decided to try to get my ass there.
Through the magic of the Internet and there unofficial web site www.welcomehome.org I was able to get a ride in a converted school bus that day, was blocks from where I was staying in Sonoma, and what a ride. Suddenly I was thrown on a bus with eight people I never met, most whom had never met and somehow, after being stopped by the police twice, and breaking down, we made it there 12 hours later. "Welcome Home" were some of the most beautiful words I have ever heard.
The only way these events can happen is because some loophole in the charter for the national forest service, somehow allows this to happen. You would think there would be major opposition from the forest service, but there is not. This has been going on for over 30 years. There is so much respect for the land, that after cleanup you would never know that an event took place on the same land. This is the most common thing that The Gathering has with Burning Man, "Leave no trace." The locals complained in the papers about the dirty/grungy panhandlers, but the boom to their economy far outweighed their minor hassles.
What was it like? That is what I wanted to know before I went there. My 77 year old mother was visiting here for 3 days from Connecticut, until the day I left, and I was begging her to come, but I couldn't explain to her what it was and to her it sounded too difficult. She regrets it I am certain. There was more love in a minute than the White House could produce in four years. I saw people pulling ricshaws, carting elders in their 90's, up and down the hills. Children were everywhere. Somehow Rob Reiner's cops have not tracked down every family that does not live up to his American values and confiscate their children, thank god.
Everywhere there was so much to do. Music flowed from the skies. At a campfire at Aloha Camp, 1 AM, with about 100 people I heard the most amazing vocals and guitar from this beautiful 23 year old woman, Maria Mango (www.mariamango.com) (I like her song ONE) then followed by the music of Fantuzi, it was hard for me to leave, especially since I had to walk to my camp at Bus Camp at the entrance two uphill miles away. Throughout the event I never walked so much in my life.
The median age was probably 20 years old. Which means a very young crowd in general, which gives much hope for our next generation. Alcohol was discouraged. In fact they had "A Camp" near the entrance, miles away. There was free beer / whisky and the alcoholics would not make it any further. Easy way to keep the rif-raf at bay. There was much marijuana and I heard that many people were taking LSD. That is to be expected from a group that is mainly under 20. I never noticed anyone high. The police were very courteous on site. Patrolling on horseback, though it was hard for them to surprise anyone because like crows, all the camp's people would shout "6-11" (a police code for a cop on horseback) and it would be echoed from camp to camp everywhere. I guess a couple of people got caught with pot anyway.
The thing that will probably be engraved in my mind are the sounds of people saying "I Love You" that you could hear likes birds chirping in the distance. It was very powerful and like birds somehow your mind filtered it out and in retrospect, in my memories, the sound of "I Love You" is probably the thing I will remember the most. Though that will be hard to compete with the massive OM on July 4th just after noon.
I did not know this when I woke up at 6:30 AM July 4th, that everyone was to be silent until after the OM that started at noon. By then there were lots of people, wandering these beautiful trails and camps and nobody was speaking. There was an amazing silence. Birds were louder. Even the children were silent, they knew. Then in the main meadow, eventually, everyone held hands in a giant circle of at least 20,000 and after the silent parade of children, the OM began and lasted a half hour though when you OM it only seems like minutes. Then there was the obligatory drum circle of 1,000's, and after all that silence, it seemed real loud to me.
Next day our bus was leaving. I wanted to stay, but I mistakenly thought I had work in Novato, so I left with the bus. I am glad I went for many reasons. Including I was homeless for four months, living in a makeshift camp on the hills above Fairfax. My camp was found and dismantled by the authorities the day before I left to The Gathering. One of the people on the bus I had just met, Donald Mosey (71), offered me a place to stay on his ranch in Santa Rosa for free and that is where my computer and I are at, and that is why I have access to the Internet and able to tell you this story.
Welcome Home.
For a different review of The Gathering and to see some pictures go to:
SF Chronicle Article
Author, Jim Fox is an unemployed computer programmer / inventor / co-author of WordStar his WEB site is at www.coastalpost.com/fox
Creative Philosophy and Sociology of the Law of Peace:
Legal HipStory for Religious Use Defense under Religous Freedom Restoration Act
(my legal perspective)
by Barry Adams, Montana Family, beaplunker (c. 1996) edited by S. Bradford
Table of Contents
Forward ....................................................................................p. 2
I.Chronology ...........................................................................p. 5
II. Hipstorical Gleanings .......................................................p. 15
LegalLiaison ..................................................................p. 15
U.S. v. Rainbow Family ...............................................p. 16
Family, Culture, Creed ................................................p. 18
Current "Group Use" Regs .........................................p. 24
III. Credo: Outline for Cultural Rights Case .....................p. 26
IV. The Road to Freedom .....................................................p. 35
R.F.R.A. ..........................................................................p. 36
Rastafarian Ruling ........................................................p. 39
V. Rainbow Bridge in the Law ..............................................p. 42
Help Wanted ...................................................................p. 47
Forward
Former Chief Justice of the United States, Warren S. Burger wrote of the Constitution as follows:
"The work of 55 men at Philadelphia in 1787 was another step toward ending the concept of the divine right of kings. In place of the absolutism of monarchy, the freedoms flowing from this document created a land of opportunities. Ever since then discouraged and oppressed people from every part of the world have made their way to our shores; there were others too -- educated, affluent, seeking a new life and new freedoms in a new land."
This, to my mind, expresses the meaning of our Constitution. The promise of Freedom has drawn people to this country for generations. This same promise has nurtured our children, guided our choices, and sustained Us through times of oppression. The Constitution of the United States is the Rock on which We stand in Free Exercise of our Cultural and Religious beliefs.
To make things perfectly clear, this Country's founders instituted this common agreement, the U.S. Constitution, placing within the Articles and among the Amendments, certain specified statements as to what constitutes Inalienable Rights, Immunities and Privileges before the Law:
The Preamble of the Constitution, with selected Articles and Amendments, reads as follows:
Constitution of the United States
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
Article. I.
"Section. 8. ...To make Rules for the Government and Regulation of the land and naval Forces;...
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Article. III.
"Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish...
"Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;.... -to Controversies between two or more States; [between a State and Citizens of another State;-] between Citizens of different States.... "
"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make..."
Article. IV.
"Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. ...and...
"Section. 3. ...The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory nor other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."
Article. VI.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Amendment I.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Amendment II.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment V.
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy oflife or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation."
Amendment IX.
"The enumeration in the Constitution of certain rights shall not construed to deny or disparage others retained by the people."
Amendment X.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Amendment XIV.
"Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Amendment XV.
"Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
Amendment XXVI.
"Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
--------------------------------------------------------------------------------
I. Chronology
November 1969. Thanksgiving Day.
On this day I was baptized and ordained a minister in the Universal Life Church, by Reverend Ira Mullins of the Universal Life Church, at his house in Encinitas, California...after attending a Peace Assembly at the Universal Life Church in Modesto, California. There I met Reverend Jim Kimmel of the Universal Life Church (later Urantia Foundation; later still, Peace Inc.) and Reverend Kirby Hensely, founder and Bishop of the Universal Life Church. [see Encyclopedia of American Religions, J. Gordon Melton (c. 1978), vol. 2, pg. 459 and 460; re: Universal Life Church].
As a registered Minister, in Lane County, Oregon, I performed legal marriages, etc. For many years I have been on sabbatical from performing many aspects of ministerial duties, however, I am still a Minister, although I do not refer to myself as "the Reverend Barry Adams.": [Note: When this information was introduced in Court in Texas, in 1988, much of the evidence introduced, was produced from an earlier Idaho case (~1982-83) involving the defendant Michael John, who submitted as part of his defense one of my papers, "On Substantive Religious Assembly on Public Lands in the United States", B. Adams, beaplunker (c. 1981-1982)].
Reverend Ira Mullins, now passed to the skies, and Reverend Jim Kimmel were arrested in California and sought to employ the Religious Use Defense in 1969; ie, Marijuana as Sacrament [see Rainbow Oracle, Rainbow Family (c. 1971)].
September 1970. Vortex I, Biodegradable Festival of Life, near McIver Park, Oregon. This was an event sponsored by various People of a common Creed and Culture, namely, that of seeking Peace Ways and Peace Assemblies. It was also sanctioned by Governor Tom McCall of Oregon; for the purpose of presenting a "Peace Alternative" to the "War/Anti-War" situation taking place in Portland.
This was the spawning grounds of the Rainbow Family, which eventually formed out of the folks who met at Vortex, worked in service to the People, and stayed to help clean up and restore the land afterwards. We got together as clean-up crew and rode out of Vortex as the "Rainbow Family." "Rainbow" is an umbrella name denoting a "spiritual association of individuals, a Peaceable Assembly on common ground," At Vortex we gathered with amplified music; B.B. King, New Riders of the Purple Sage, Santana, all played for free. This common ground, and the activities that take place upon it, are free expressions of the people -- bound in the exercise of religious liberty, political expression, and redress of grievance. In fact, such Peaceable Assemblies are ways in which the People -- a recognizable minority known by many names; Hippies, '60's people , Flower Children, etc. -- are provided with a "soapbox" to speak out to their Government, to each other, and to society. [Note: Subsequent to Vortex, Woodstock, Altamont, and Celebration at Big Sur (all held in 1969), various "Rock Festival Laws," "Outdoor Mass Gathering Acts," etc, were passed to infringe upon and hinder these events from taking place [eg, Sunrise (1971), Satsop (1971), and Sky River Festival (1970) and Dinosaur Valley Events, all in Washington State, were all interferred with under similar laws soon thereafter].
This Peace Alternative, Vortex I, Biodegradable Festival of Life was attended by up to 75,000 persons; including individuals, communes, small hippie style tribes, etc. I personally met with Governor McCall, when he flew in to the grounds at Vortex and met the clean-up crew. Our friendship with Governor McCall extended through the years afterwards; individuals of the Rainbow met many times with Governor McCall [Note: Vortex was one of the few times that a large scale Peace Gathering was held with Governmental sanction -- even though the event was completely surrounded by National Guard troops during the event.].
Like many other events and peace gatherings such as the Human Be-Ins, Vortex was truly an Assembly of the People of a common Creed -- the creed of PEACE [see Rainbow Oracle, How to Blow Minds and Influence People, Rainbow Family (c. 1971); also Where Have All the Flower Children Gone?, B. Adams, beaplunker (c. 1988)].
1971. Eugene, Oregon. Rainbow Family of Living Light, Inc. In 1970, after Vortex I, a number of Individuals gathered in and around Eugene, Oregon. By this time "Rainbow Farm," "Rainbow House," "Rainbow Street People," "Folk/Freak Carnival and Circus," were names of places and affinity groups within the Peace Experience, or Peace Culture.
At Rainbow House, Rainbow Family opened its door (of this rented house) to the People, and began to feed and care for people. In the midst of this, various juveniles were being "turned over" to our custody, by the Police, who had nowhere else for them to go, and even by the State kid prisons, ie, Juvi Halls. Eventually, some bureaucrat heard about this and demanded that we become a legal foster home, for these discarded young-un's.
Therefore, some of us from the Rainbow Family, decided to become Incorporated as a Church in the State of Oregon as "Rainbow Family of Living Light, Inc." For the next year, we were recognized as a legal foster home in the State of Oregon and continued to receive otherwise unwanted kids into our family [see Rainbow Family of Living Light, Inc., papers filed State of Oregon 1970-1971; see also, Rainbow Oracle; see also Where Have All the Flower Children Gone?].
Sometime after this incorporation in Oregon, which legally lasted only for a year, the Rainbow Family of Living Light was included in the Encyclopedia of American Religions, compiled by J. Gordon Melton. In 1988, this article was introduced as evidence against me and the Rainbow Family [see later Section, "Family, Culture, Creed," for full excerpt].
1972. World Family Gathering, sponsored by the Rainbow Family of Living Light, at Strawberry Lake near Granby, Colorado and at Table Mountain, near Grand Lake, Colorado. Some of us got togetherbefore and around 1971 and embarked on a visionary quest. In 1971, we wrote the Rainbow Oracle, which included numerous articles and "raps" describing our vision and the original Invitation to the Gathering in 1972. I helped write the Rainbow Oracle; including a rap "On Marijuana as Sacrament" [see below, section titled "On Marijuana as Sacrament," for excerpt].
We printed 5,000 copies, and distributed these around the country. A copy was delivered to each member of the House of Representatives and Senate, in Congress in Washington D.C. (Senator Childs of Florida replied to us that he had received the book and our Invitation to the Gathering in 1972; also, President Nixon's White House sent us a nice letter, which was printed in the Oracle).
We wore the Invitation tye-dyed on our Shirts, walked down the streets, walked into radio stations, TV stations, networking folks along the way. We invited each and everyone we could personally, hoping that at least 144,000 folks would show up in Colorado, in 1972.
Late in 1971, I went to Colorado and talked to a Forest Service District Ranger. Together, we travelled to an area in the National Forest, a place of rivers and meadows (not the gathering site), where we stood together and we talked about what a grand country we lived in that provided such wonders as National Forests for folks to Gather in.
A few weeks later in Eugene, Oregon, I was asked (summoned) to come to Denver, Colorado to the Regional Office and explain myself. I and some other folks went and spoke to the gathered Forest Service and Cops and Cops. They told us/me, No way can you Gather. The government said we could not Gather; there was no such activity on Public Land, period. We left, undeterred, feeling/ knowing full well that we must Gather, because our visions and dreams, Great Spirit-Creator wills us to Gather.
In June, 1972, I came to Colorado, where people had already begun to Gather. The Government blockaded the Gathering. So I went to the A.C.L.U., Nathan Davidavich, and we went into Federal District Court, in Grand, Colorado (?), where the Judge ruled that we could not get an injunction against the blockade; ie, we lost.
Then on June 30, 1972, the People walked out of the "holding area" (private land offered to the people for sanctuary); we walked through the police blockade. We walked all the way to Grand Lake, along the Lake, and on up to Strawberry Lake, miles and miles away. And the Gathering Gathered. On the Fourth of July at Noon, the People who had walked from Strawberry lake the night before, and others, gathered on Table Mountain in Silence: to give honor and respect, etc. [**see invitation].
At one point during the Gathering, I stood in a circle of police and F.B.I., took a joint of marijuana, and on Police cameras, I lit the Joint of Marijuana, offered it up as Sacrament and offered it to my friend Reggie. This was on live T.V., with Police cameras, with all these Police as witnesses.
In these days, there was no Permit process; the Governments -- City, County , State, Federal (many agencies) -- simply told us we could not gather at all!
1976. Montana. Through the years we held other Gatherings, and finally in 1976 in Montana (over my objections at the time), Rainbow Family signed a Permit. There were subsequent permits signed until 1980 in West Virginia. Prior to the Gathering in Montana 1976, officials and newspaper editors called for "Vigilante" action against Rainbow People, my house was attacked, my baby son, Sunny, mother of my child, and myself, among others, were shot at on several occaisions. My mailbox was shotgunned, my landlord threatened with being lynched. We were told at an official meeting at Glacier Park, that Rainbows could not Gather anywhere in Montana or in the Northwest. We Gathered, Swarmed together, drawn by the Spirit and the Earth to come Home.
1977. New Mexico Gathering. At this Gathering, I was issued a ticket for parking an emergency vehicle at the wrong spot near the Welcome Center. Forest Service officer (law enforcement) issued me this ticket because I objected to his acions: A crew of women had arrived at the Gathering, parked their car at the Welcome Center (a restricted area for emergency vehicles only), and then proceeded down into the Gathering, where they announced and Gathered a Sister's Council. This was a time/place for Sisters to Speak; if any brothers were present, they could listen to the Sisters. Meanwhile, I was in a Shanti Sena vehicle (volunteered) and had just returned from a mission (Shanti Sena means Peace Scenes--a name for volunteers who look to the security and safety of the People - -in our Gatherings "everyone is Shanti Sena", however, some folks act as volunteers for extra duties). The Forest Service officer came to ticket the cars at the Welcome Center, except for agreed upon emergency vehicles. He was going to ticket the women's car, when I objected, stating that it was necessary for the various vehicles to be there. The Officer then said something to the effect that, "your sisters are a bunch of bitches!," to which I objected, saying that he had no right to call our sisters names. The Officer promptly wrote me a ticket for the emergency Shanti Sena vehicle I was driving. I took this ticket under protest and did not pay it; I kept it as a souvenier for years.
Somewhere along about here, Supreme Court Justice William Douglas, came to the University of Montana, to speak to Law Students. Sunny and I went, after the speech, we went backstage, and waited our turn to speak to Justice Douglas. I asked, "Justice Douglas, could you tell me if the People have the right to peaceably assemble on public land? He turned and pointed to Sunny and said,"Ask her." (I figured he meant that the right to peaceably assemble was in the hands of the of the people).
1980. West Virginia Gathering. In June 1980, I and Rainbow Family were in two separate Court actions. In both cases I was acting as pro Se, as a individual, and at that time, Liaison/representative of the Rainbow Family Tribal Council. In Bluefield Virginia, in June 1980, a District Judge ruled that we "had no class," and were therefore unsuable. Local persons/citizens of Pocohontas County West Virginia had tried to sue Rainbow Family and Forest Service on behalf of the County, to stop the Gathering. Forest Service, U.S. Attorneys and Rainbow Liaisions conferred with one another, even though the Forest Service and Rainbow Family were at-odds over the Permit Process.
Before the Gathering on the Williams River, The Forest Service decreed we "would gather at Gauley Mountain." Rainbow did not agree because of the unsafe conditions of the Gauley Mountain Site; I was there. Among one of the more notable exchanges between Forest Service and Rainbows, was at the Williams River Site, when we met with Supervisor of the Forest, Ralph Mumy. In the presence of other Forest Service and Law Enforcement, when we mentioned our First Amendment right to Assemble, Mumy responded, "I don't give a shit about your Constitutional rights." I witnessed this with others; I still have the audio tape. Our People understood how things stood between us and the Forest Service. Special Agent Dale Smallwood, was assigned to this Gathering.
As a result of our disagreement with Forest Service over the Gauley Mountain site, the Forest Service called us a "lawless group." State of West Virginia Officials also called us a "lawless group," and called upon citizens to "stop the Rainbow Gathering." Not long after this, shots were fired at the Gathering. Two women, on their way Home to Gather, were executed/shot by locals; Jake Beard, was finally tried in Court in May 1993 in West Virginia and found guilty of this crime. Others who shot at the Gathering and at our People were never arrested, even though some of them were known to law enforcement, and even bragged about their unlawful activities, in local bars and before Forest Service personnel and law enforcement.
After an undue amount of pressure by authority -- including harassment at our Front Gate, on the roads, all along the Way to the Gathering -- Rainbow, for a Peace move, finally signed the "camping permit" under protest.
During June 1980, Forest Service had issued tickets to a number of persons for violation of the camping permit regulation. As they moved around the Gathering, they came upon a piece of plastic stretched between two trees (Hobo Hilton); no one was present, so Forest Service law enforcement issued me a ticket. I wrote "Barry Adams, Legal Liaision for Rainbow Family Tribal Council"on the ticket. On July 11, 1980, in Charleston, West Virginia, I appeared before a Federal Magistrate. My case was dismissed on a technicality and I won..
Idaho Gathering 1982. At the Idaho Gathering in 1982, Rainbow Family Tribal Council, with me acting as facilitator (loud voice) for the Council Circle, went over an "Operations Plan Agreement" word for word, comma for comma. In Consensus, in the Full Light of Day, on the Land, between July 1 and 7, the Idaho Council Circle of the Rainbow Family Tribal Council agreed by Silence to sign the Operations Plan Agreement with the Forest Service.
In Ceremony and ritual, in full expression, Ranger Supervisor Gene Benedict spoke in Council Circle and signed with us. The Rainbow Family Tribal Council and U.S. Forest Service exchanged signed agreements, and we felt it was all well and good. We all gave thanks and we were all so very happy, and we Rainbow People all called out and were glad, and we went into the Fourth of July, into our Silence, with Hope in our hearts that the harassment of Our People would stop. In it all, we thought of all those among us who had suffered and been through struggles, we remembered the deaths of Our People in West Virginia, in 1980. Those of Us with heavier hearts stood with the People in the Silence and We too stood in Hope, true hope. We knew, somehow, that the War against us was not over; our letters to the U.S. Attorney in Idaho, for Judicial Relief, were left unanswered.. In that letter We had used the words, "Police state on the threshold of our Church-picnic," we were celebrating in our "cathedral of nature." We tried to communicate and convey the Pilgrimage Quality of Gathering; the Vibrations of Journeying to New Jerusalem, or Mecca, or the Gathering.
After a few days, I received a Permit in the mail, issued to me, in the name of the Rainbow Family, and charging Our People $25 fee for the permit, plus 15% per annum if this was unpaid. I brought the matter of the ticket to Council, and informed the People. We hoped that it did not mean the Forest Service wasn't living up to our Agreement, our Operations Plan.
In our journey, an Attorney, Al Velarde, from Washington State, took part in the conferences and councils we had with the Forest Service over the development of the Operations Plan Agreement. Since that time, we have always had some form of Operations Plan/Rehabilitation Plan [see New Mexico 1995 letter from District Ranger].
1982-83. After the Idaho Gathering. One of our brothers gets busted in Idaho, submits one of my papers as part of his defense; "On Substantive Religious Assembly on Public Lands in the United States"(c.1981-1982, beaplunker B. Adams).
1983. Those of Us of heavier heart waited through the good summer, Michigan 1983. Some of us could not travel East to Michigan, where the relationship between Forest Service and Rainbow Family was one of the best ever; using an Operations Plan Agreement.
Montana Family and others Gathered in Montana at Corona Lake -- those of us who were unable to Gather in Michigan, knew we had to be Gathering somewhere during the Days of the Gathering July 1-7 (possibly changed to June 28-July 10 by council 1996). And so we Gathered in Our Home, in Montana, so we could be Gathered in Spirit with Our Brothers and Sisters Gathered at Home in Michigan. Many folks who cannot travel Home to the Gathering to be their in the body, still Gather wherever they are on the the Days of the Gathering, July 1-7. [see Rainbow Oracle, 1972] People Gather at Rainbow Valley in a similar fashion (see Gideon Israel deposition).
In Montana, the Forest Service came to me and said, "What are you and your people going to do?" I said, "I am against signing a permit, under U.S. Constitution, First Amendment; and I think the People will Council." And the People did Council and Agreed that the First Amendment Protections of Free exercise of Religion, spiritiual belief, common CREED (we didn't use this word in those days but it aptly describes our shared beliefs), was our permit.
Montana Family and friends gathered in Silence on the Fourth of July at Noon in Concert with Our brothers and sisters in Michigan. Although no permit was applied for, the Forest Service issued to "Barry Adams" a Permit for .5 of an acre at Corona Lake, unilaterally. They never asked me for the Fee..
1984. California Gathering. In 1984, the Forest Service issued its first version of the "Group Use Rules" at 36 CFR 251. When the Forest Service issued the first permit for a Peaceable Assembly, under 36 CFR 251, they brought it to us at the California Gathering in 1984. We then held and videotaped a meeting with the Forest Service, where we agreed on an "Operating Plan" for doing the Gathering. Throughout the hipstory of Gatherings, Forest Service and Rainbow Family have always cooperated with an "Operations Plan ," with or without "official" FS approval, with or without a Permitting Process, with or without blockades. An "Operations Plan Agreement" constitutes "ample alternative means of communication" to a permit, and is the "least restrictive means" of meeting the Governmental interest of caring for the well-being of the land and the people.
In 1984 the Government recognized the right to "peaceably assemble for purposes of expression," based on what they had learned from Us, the Gathered people. And they began to Regulate and Rule Us out of Existance.
Note: This 1984 Reg. gave the first Legal Recognition of the "right to Peaceably Assemble on Public Lands for Purposes of Expression," (now re-worded in the Sept. 29, 1995 Reg.s at 36 CFR 251 and 261); the Forest Service used my sentence, out of my paper on Peaceable Assembly (cool!). Also in this Regulation, in a subsection, was the Operations Plan Agreement -- as another way for the Forest Service to work out health, safety, sanitation, care of the Land, clean-up, etc.
Thanksgiving 1985. Arizona. In Arizona, Gideon Israel signed a ticket, like I did in West Virginia, "LegalLiaision of Rainbow Family Tribal Council;" meaning that he was a volunteer to go to Court and communicate back to the Family whether the Law against us Gathering was Legal or not.
Gideon and I had connected in San Francisco before this Gathering; he was passing out invitations to the Gathering at Cochise' Stronghold, in Southeast Arizona, near Tombstone. Peace Movement Northwest -- the Outfit that rides at Rainbow Valley now -- was flying its colors in support of the Southwest. Peace Movement Southwest was supporting the Cochise' Stronghold Gathering in a strong affinity relationship; spiritual neighbors visiting spiritual neighbors. I told Gideon about possible "legal problems" at Cochise Gathering, because of the (then) new 1984 Forest Service Reg. 36 CFR 251 and 261.
When Gideon went to Federal Court in the District of Arizona, before Judge Bilby, Individuals of the Rainbow were there in support. Before Judge Bilby made his decision, he remanded us to "binding arbitration" with the Forest Service, to work out an agreement. He addressed the entire Gathered Family, as well as Gideon. An Attorney Fosbinder was there and helped in the case. On May 16, 1986, Judge Bilby issued an "Order to dismiss Charges;" stating that the Forest Service "regulation must not only be content-neutral, but apply to All large groups" [CR-86-027-TUC-RMB]. We had won the Right to Gather for the time being, but the prospect of future regulations, future struggles remained. Although Rainbow/Gideon won, Rainbow Family did not really get our entire legal position across to the Judge. Issues pertaining to "how" We Gather, and why this is part of our free exercise, were left unresolved. [see decision U.S. v. Gideon Israel; Gideon included Religious Exercise defense].
1987. North Carolina. Police Blockade/Invade Gathering; arrests and harassment, sickness. Police refuse to allow delivery of distilled water for sick children and people. Before sickness, people observe unmarked plane spraying the gathering with unknown emission. Clean-up crew arrested. [see section on "Current Regulations," for more discussion.]
Federal District Judge Dave Santelle, toured the Gathering in 1987. He now sits on the U.S. Circuit Court of Appeals, Washington D.C. -- When last communicated with, by me in 1993, he offered that he would share information on Rainbow to any who asked. He felt he got as good a deal for Rainbow, in 1987, as was possible at the time. He was afraid for us; not only were we Gathering in North Carolina, but we were integrating Graham County -- signs saying "Nigger don't let the sun set on you here in Graham County" were posted at the County lines when Rainbow Family came to Gather. We took these signs down as we entered.. To be fair, my friends, an integrated couple with mixed blood kids, black and white, thought the local folks in the stores etc. treated them good. The dangerous people, racist, stalked in the shadows, in what I called Graham "Cracker" County.
We are all Relations; we walked hand in hand, Black and White, Red, Yellow, or Brown, Gentile and Jew, Protestant and Catholic, Children of God and Goddess, Native and Foreign, Wicca and Taoist, Hindu and Khrisna, Rastafarians and Rainbows, Individuals and Tribes, and others of similar Creed and Kinship.
Note: The local Cherokee and other Tribal Native American People came into Our Gathering, spoke in Our Council, in violation of a Treaty forced on them, where their land was sold away from them and they were forced to go on the Trail of Tears. These folks were not permitted, by treaty, from holding ceremonies on this National Forest land, nor could they come there and Gather, even with Rainbows. They came to speak against this National Forest policy, in Council with Us, and We gave Greetings to them. A strong Cherokee woman, respected by her People, came and gave Greetings to Rainbow.
Afterwards, sitting in the Arizona Desert Tribe's Yurt, the woman spoke about all the pain and problems her People were suffering, in that area, from racist government policies and racist people, in and out of the Forest Service and among other government agencies, and among the local people. And she said, "After you Rainbow People are gone, Our People will suffer, for many months, but we are glad you came here." I knew why she spoke and since 1987, in North Carolina, near where we Gathered, Native American brothers and sisters of Ours, have been beaten and shot, and killed, for just living, and Gathering with Rainbow. Forest Service tried everything they could do to keep these Folks from Gathering with Us. Cherokees gathered with Rainbow. We pray for them, hope some day their load will be lightened, in Freedom.
1988. Texas. In March 1988, in Texas, a Federal Court Order was issued against the Rainbow Gathering "anywhere in the Region of Texas." I was a named defendent in that case [see U.S. vs. Barry Adams]; also one Joseph Knecht did file papers as a defendant, but did not appear in person. During the subsequent Gathering, "LegalLiaison" became an assigned responsibility before Rainbow Family Tribal Council.
In 1988, Justice Justice wrote an Opinion that clearly reenforced our right to Gather for Religious and/or Expressive Exercise. The question, "How?," was addressed, and this was defined in the Court Orders; we had to pass inspections for health and sanitation, etc. This Court Case included introduced evidence to show that we had leaders/authority, to question the autonomous nature of our gatherings, etc. [This is reviewed in the next Chapter...]
1989 - '95. During this period, there was no "actual" Group Use Permit Process, due to Justice Justice's Decision in 1988. However, Rainbow Family, including myself, Gathered in the National Forest in good health and safety, and We Restored the Land afterwards.
1991. Vermont Gathering. -- I was there for the Clean-up and Restoration, and I know it was an excellent job, including the recycling of all the garbage (see Notes to Rainbow Family Tribal Council, Red Moon Song, 1991). As far as I know, 1991 Vermont Clean-up and Restoration was excellent.
1992 -- The Gathering returns to Colorado. After this Gathering, I took a sabbatical from LegalLiaison, and from organizing Gatherings of the Rainbow.
1993 -- Alabama and Tennessee, two complete Gatherings, in the same general neighborhood, Two Homes in the Neighborhood; Both for prayer, Celebration, Deliberation, Silence, on the Fourth of July at Noon; Peaceable Assemblies. USFS released draft of current "Group Use Regulations" for comment in May. People Counciled, submitted comments as individuals. LegalLiaison volunteers were at each Gathering. Both Gathering sites were over-run by Police forces.
Federal Emergency Management Agency (FEMA) has operated a Police State at the Gatherings for several years. Martial Law (emergency status for Police and National Guard) under F.E.M.A., Incident Commanders is "quietly"applied. " "Federal Agents," known and unknown, enter the gatherings to monitor "public safety," watch and ticket people for "public nudity" or "cracked windshields" if they feel like it. Police presence is exercised in spite of the peaceful, voluntary nature of our Gathering.
In recent years, the government is running up a tab for excessive law enforcement, air surveilliance, emergency medical units, travel expenses, hotel rooms, road repair, etc, -- then announcing publicly that We are Costing the taxpayers so much money to Gather. We do not desire or request this police presence, nor do the Reports of the Gatherings establish need for extensive surveilliance or an elaborate response team.. Normally, Disaster Relief requires an act of the President; in this case agents of the government form an Incident Command Team and arrange to get paid for attending the Gathering. We on the other hand are a voluntary Peaceable Assembly of autonomous individuals, of our own will and determination, we are responsible for Ourselves personally, and we Gather in the naturally kindred spirit of our humanity, reliant on our Unity to meet with necessity. Gathering Reports indicate a good clean-up record, and cooperation on our part in "actual" emergency situations.
1994 -- Wyoming, on the old Oregon Trail...a natural Gathering site...but overgrown with even-aged second growth from clearcut forests, and overgrazed in Sage Meadows. The Wyoming Fire, held at under two acres by Rainbow Family firefighters. FEMA attempts to evacuate Gathering and prevent Family fire fighting efforts. Council undoes formal LegalLiaison team/members, Full Light of Day, Silent Consensus.
1995 -- In New Mexico, I connected with a New York Times reporter, who came in the Lodge, Tipi, to get out of the Rain. I asked him the "How is it the Government -- County, State, National -- can have a Martial Law Emergency declared all around our Gatherings - here in the United States?" New York Times writes:
Asst. Regional Supervisor says "Yes, 1700 cars were stopped everyday, and violations occurred, however, it is for the Rainbows' protection, and for public health and safety, like a WildFire....
The New York times Reporter didn't see any problem with Us being treated as a WildFire; this is a dangerous mind-set, and prejudiced against Our/my Wellbeing. We are a People, Gathered in Peace, at Home, with Our Family. Our Spirit and Energy may be Like a WildFire, however, We are a PEOPLE!
1996. There is now a Court Order, out of Florida, to "enjoin us from Assembling unless we ask for permission and get permission." It would seem that what they call a "Grandfather/ Grandmother Clause" should apply here. First they said we had "No Right to Gather," now that we do have a Right to Gather, but only if we do it their way. Read on...
II. Hipstorical Gleanings
"LegalLiaision," for those who need to understand. Before 1988, being "legal liason" was just like shitter digging, parking cars, shanti Sena, and all the other voluntary responsibilities of Gatherers; an informal group of individuals who took up the task of "legal affairs" of the Gatherings...to try and facilitate communications between Our People and Government. We negotiated in good faith, however, we brought all our information back to the Tribe, back to the Council, exchanged information and received the Council's blessings.
LegalLiasion never had any formal recognition/definition before 1988; it existed informally and those of us who met with the Forest Service, or other officials, would always say something like this; "Howdy, I am an individual from the Rainbow Family. We are here to act as facilitators for communication with the Family," not much more, and that "we are informal Legalliaision." No actual legalliaison "position" at the Gatherings has ever existed, any more than other positions existed, such as "shitter digger" or "kitchen crew," or "parking crew," or "front gate crew,"or "welcome home," or "firewatch," etc. All of these are voluntary contributions of individuals, giving of their abilities and time, in intrinsic service to the well-being of the People and the Gathering, doing what needs to be done. All such voluntary service has "intrinsic value;" this is part of the essence (and/or ritual) of our Gatherings. Little or no necessity has existed for Council to, decree or designate legalLaiason; the exception was in Texas, 1988 [see notes on Justice Justice's Opinion in 1988].
Everyone who gathers is LegalLiaison. This is nothing more than another volunteer group of folks who by chance, accident, design, or calling, wind up gathering legal information and sharing it with the rest of the Rainbow gathered in Council Circle or elsewhere. For many years We LegalLiaison volunteers would communicate the Constitutional position of the First Amendment right to gather in Peaceable Assembly on Public Lands for purposes of Expression. During our meetings with the Forest Service, and in letters we submitted, we often use the phrase "peaceable assemblies on public lands for purposes of expression."
LegalLiaision volunteers had a loose agreement of working together, we were merely interested individuals, interested in gathering and sharing information to the family about our legal positions. For years we would gather around a coffeepot in some tipi, much like a workshop on massage or something else, and commence to do a work/play workshop on where we stood legally. At times over the years, those of us who approached the Forest Service alone, usually would wind up making foolish agreements; ones we didn't mean or want when we met them. Attorney's didn't seem to help either; no judicial relief was in sight until Arizona and Texas.
Rainbow Family Tribal Council met on July 5, 1988, at the Texas Gathering, and Consensed in Silence, in the Full Light of Day, to formalize legalliaison so that only certain volunteers who had come before Council, and been recognized by Council as such, could co-facilitate communications for/with the Family. These persons had to agree to work in cooperation with one another in peaceable ways, and they had to agree that "The Rainbow Family Tribal Council speaks only for itself, July 1 through 7, on the Land, in the Full Light of Day."
Formal LegalLiaison was dissolved July 5, 1994, by Council Consensus; the agreement that "RFTC speaks only for itself..." still stands as Consensus.
U.S. v. Rainbow Family
(also U.S. v. Barry Adams, pro se; and U.S. v. Joseph Knecht, pro se)
As noted above, I was pro se defendent in this case. Justice Justice wrote the Opinion. Some highlights and key points are included here.
Justice Justice called Rainbow Family an "Unincorporated Association." This is inaccurate. We are, at Best, a Tribe of Individuals in a Spiritual Kinship/Association, and we have no membership rolls, etc..Many of the points the Government was using to try me on , were that I was a person solely or collectively responsible for the entire Rainbow Family. I objected and stated there is no leaders, no followers etc..
Justice Justice stated in his opinion that "any persons representative of this class, or group, can sign as representative for this class," which means that anyone could sign for everyone [see 1987, North Carolina]. This is incorrect. of Day." In other words, only the Council could legally represent the Rainbow Family. Rainbow Family Tribal Council met on July 5, 1988, at the Texas Gathering, and Consensed in Silence, in the Full Light of Day to formalize legalliaison so that only certain volunteers who had come before Council, and been recognized by Council as such, could co-facilitate communications for/with the Family. These persons had to agree to work in cooperation with one another in peaceable ways, and they had to agree that "The Rainbow Family Tribal Council speaks only for itself, July 1 through 7, on the Land, in the Full Light.
Attorney Larry Daves, was hired by the Rainbow Family Tribal Council, on July 5th, 1988, in the Full Light of Day, in Silent Consensus; was reimbursed for his legal fees by the Court. By this action of reimbursement, the Court legally recognized that the Rainbow Family Tribal Council, with all its processes, was the only legitimate body, capable of hiring an Attorney. (He was originally hired, by individuals, to represent persons who did not wish to appear as defendants). He is to be acknowledged for his contributions to the Family in risking his personal reputation and personal moneys to contribute to the defense. Attorney Daves was hired by the Council and granted the opportunity, by Council, to be paid for his legal expenses. He subsequently filed for legal compensation in Justice Justice' Court and was paid. Afterwards, Attorney Daves resigned in Council and thanked the Family for their help with his expenses. All of this was done by Rainbow Family Tribal Council to strengthen its legal position of being the only Body capable of Speaking for the Rainbow People Gathered at that time [note: Formal legalliaison was dissolved July 5, 1994, by Council Consensus; the agreement that "RFTC speaks only for itself..." still stands as Consensus.].
In my case (heard before a U.S. Magistrate, later all evidence was given to Justice Justice to render opinion, also later appearances , during "blockade" of the Gathering were held before Justice Justice.)The U.S. Attorney tried to introduce as evidence a "consent agreement" signed by three Rainbow People with the State of North Carolina in 1987. I knew that this had been signed under protest and therefore was not valid. I indicated this to the Judge and the "agreement" was withdrawn as evidence against me. [This "agreement" is also referred to in the current Group Use Regulation as indicating that individuals can sign permits on behalf of the Rainbow Family; "representatives of the Rainbow Family signed a consent agreement with the State of North Carolina in 1987."]
What actually happened, was three people of the Family, over the objections of many,many people, in first light of day when everyone else was asleep, decided to sign this agreement, which would be considered legally binding on all of the Rainbow Family. Two people then took the agreement in, to Judge Dave Santelle's District Court, over the objections of many persons in the Family. At the last moment, as they were handing the agreement to the Judge, one of the three wrote on the face of the document "Signed under duress."The day after the "Agreement" was handed in to the Judge, the Rainbow Council Circle met and gave their Consensus, Under Protest, to live up to the stipulations of the Agreement, as far as health and safety standards for our People were concerned (we were doing it anyway); and we agreed in Consensus not to condemn the three naive people who had acted without Consensus.
We then Agreed that No one can sign for the Rainbow Family without sure Silent Consensus of the Rainbow Family Tribal Council in the Full Light of Day, July 1-7, on the Land, in any year The "consent agreement" itself was/is invalid; only our word is good [note: see Clean-up letter 1995, New Mexico].
Likewise, any such Agreement, made in council with the government, is similar to the Treaties signed by other Tribes. In the present 36 CFR 251, when the government stipulates that "one person can sign for the others involved, and not be held responsible," it is not unlike the creation of "Treaty Chiefs." For example, in the Fort Laramie Treaty, Individuals, People of the Sioux, signed for what the U.S. Government said, "Was a Treaty for all the Tribes and Warriors and People of the Sioux, signed by these Great Chiefs." However, there were many Individuals, Warriors and other People, of the various Bands/tribes of the Sioux, who disagreed, and who felt and expressed that no one could sign for them. Sitting Bull, Crazy Horse, among others, were some of these "wild" people. Treaty Chiefs were created by the U.S. Government. People who signed Treaties have always done so under duress. Similarly, Any Individual or Rainbow Council that signs a permit for a Gathering, does so under duress. This will always be the case, until the government Agrees to the Right to Peaceably Assemble for Our People -- in Our Style, Our Way of Gathering -- with an Operations Plan Agreement, or something similar, in place to protect the Land and People.
Rainbow Family, by whatever name, exists only in the Imagination; therefore it cannot be a defendent in a civil or criminal case. All the named and unnamed persons in Texas 1988, except for me, refused to be defendents in U.S. vs. Rainbow Family. I was the only individual defendent, who appeared, pro se, like U.S. Vs. Gideon Israel (Az 1986), and Joseph Knecht, pro se, who filed papers in the matter. Individuals associated with the Gathering, did testify and give information to the Court concerning various aspects of Rainbow Gathering i.e. C.A.L.M. volunteers, others, however, these persons/individuals were not defendents and did not "represent the Council in court". These Individuals were there to give "experience and information" to the Court for the Court's better understanding. On July 5, 1988, Rainbow Family did hire Attorney Daves, for his help in defending defendents rights not to be defendents and to act as LegalLiaision for Family (under blockade and crisis), up until July 5, 1995 and then he resigned before Council, in the Full Light of Day, in Silent Consensus, July 5th, 1995.
Justice Justice did say that the Forest Service could regulate us if they do it without affecting our right to Free Exercise of our Constitutional Right to Peaceably Assemble. However, a Set of Standards for Gathering were imposed on Rainbow Family,by Justice Justice's Order, with State and Federal Health Inspectors, including an Admiral from the Surgeon General's Office of the United States, and the Rainbow Family and Gathered folks passed with flying colors, all health and safety inspections: Federal, State, County, and Rainbow (C.A.L.M.)
The prosecutor introduced, as evidence against me, an article on "The Rainbow Family of Living Light" from the Encyclopedia of American Religions (Melton, 1978). In current context, this provides basis for "Religious Use" with regard to our practice of Gathering, and marijuana as sacrament [see below for excerpt].
In several ways, the decision in this case regarding "least restrictive means," "compelling governmental interest," and "ample alternative means of communication" comes down to what the Forest Service has proceeded to instate at 36 CFR 251 and 261; the current Regulations.
Family, Culture, Creed
Here is included more detail and observations relating to our creed; our beliefs, agreements, expressions, understandings, etc.
The following article was entered by the Government as evidence in the 1988 Texas Case [Melton, J. Gordon (1978), Encyclopedia of American Religions (McGrath Publishing Company: Wilmington, North Carolina), Library of Congress Catalog Card Number: 78-78210.]:
"Rainbow Family of Living Light. Growing out of the counterculture movement of the late 1960's and conceptualized in the thinking of the Rev. Barry Adams, the Rainbow Family of Living Light is a loosely organized network of communes. The Family is truly a rainbow in its eclectic mixture of differing beliefs, concerns and practices. Typical of its eclecticism are the several religious festivals it has sponsored. The one held at Strawberry lake, east of Granby, Colorado, called together the "tribes" to give honor and respect to anyone or anything that has aided in the positive evolution of humankind and nature upon this, our most beloved and beautiful world."
"The belief world of the Rainbow Family centers upon ecology and the psychic/spiritual world much discussed in the 1960's. Basic is a nature-pantheism expressed in the belief, "God is you, God is me, God is the World, God is the Sky, God is the Sun." The ecological emphasis is expressed in a love of nature and of the out-of-doors. Adherents believe that everything in nature was placed there for man's use (not abuse). Marijuana is one of the God-created herbs, and viewed as of sacramental value. All forms of pollutants are opposed."
"The psychic world view is expressed in the incorporation of numerous practices from various bodies. The great invocation (channeled through Alice Bailey) is freely used, as is the distinction between Jesus the man and mystic Christ consciousness. Followers believe in reincarnation, but with a distinct, this-worldly interest. Christ consciousness is a mystic state, but is signalled by a person's making others happy, doing good and giving more than is taken."
"Love is an important goal. Loving someone is equated with heaven, and hate with hell. Sex is an expression of love. Legal aspects of marriage are no longer necessary, for when two people love each other, they are married. There are no formal acts or worship, and the formality of most religious acts is condemned. A wide mixture of Hindu chants, Christian hymns and meditative techniques are employed to reach God consciousness."
"No membership rolls are kept; |
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