Rainbow Family Gathering: Creative Philosophy and Sociology of the Law of Peace

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West Viginia 2005 Gathering

Return to Plunker: All points of Light
The Greatness of America
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.


By Gabe Moses

Once the legal dust settled, the 2005 Rainbow Gathering in the mountains of West Virginia was a mellow affair. The US Forest Service had rejected the Rainbow scouts’ original choice of a site near Alpena, and ticketed hundreds of early campers there for illegal use and occupancy of a national forest. Fortunately, the alternative location suggested by the USFS, in the Cranberry Glades Botanical Area of the Monongahela National Forest, further south near Richwood, was both beautiful and hospitable to the estimated 10,000 who attended the event July 1–7.

The 2005 Gathering site—hosting abundant wildflowers, interesting insects, streams, rock ledges, mountain fog and other spectacular natural features—became home to thousands of campers who came for a week of connecting with old and new friends, communing with nature and praying, in one’s own way, for world peace. The site, several miles in diameter, straddled a small mountain with streams on either side, and was crisscrossed by a network of Rainbow trails that spontaneously appeared in the brush to serve as “hippie highways.” Over 100 camps staked out various magical locations, and several large kitchens served their own constituents as well as the masses that came to Main Meadow each evening for dinner.

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Who is Maurice Strong?

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?”


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

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

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.


--- --- --- --- --- ---

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


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.

Smart Growth

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


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; estimates range from 100 to 500 as of 1972. The Family claims as many as 10,000 among those who share its free lifestyle."

As noted, this document was entered in 1988, in Federal Court in Texas, against me. At that time, I indicated in testimony that there were inaccuracies in the document, including the following ( not excluding other inaccuracies).:

To my way of thinking the Rainbow family was conceptualized in the mind of Jesus Christ (my personal witness).

I would have gone on to say that the "differing beliefs" include folks who have a political or cultural/creed as well as spiritual association.

In the beginning, those of us who wore the Rainbow "colors," lived the Rainbow Creed, stood for the understanding that we are/were part of the I-MAGI-NATION (see Rainbow Oracle, on Vortex I).

A statement I wrote at the time, "New Jerusalem, Mandala City for All People" (c.1970-71 beaplunker, B. Adams) included this:

"Wherever grass grows, wind blows, and sun shines, it does so upon a Natural Child of God, a Natural Child of Humankind, Therefore is our Natural Brother or Sister"

My personal witness is Jesus Christ, as a Child of God-Us, Creator, Great Spirit. I am not technically a Christian; however, I am into Jesus on the Tao. (see Where...?)

It is commonly held, as part of our Common Creed -- our common agreements of lifestyle, path, exercise of free expression -- that Anyone with a belly button and All Our Relations (a Native American expression accepted among Rainbow People), is part of our "True Family," the family of life on earth; we are related to all of life, all living Beings. And my personal witness is that Creation itself is a Living Being.

There are no leaders, no followers of the Rainbow People. There are no Elders, no Priests, no Preachers, no prescribed rituals but the Silence upon the Fourth of July at Noon [see "Invitation to World Family Gathering" 1972].

I was asked by the U.S. Attorney, in the Federal Court in Texas: "When you tell someone...?" I interrupted the U.S. Attorney: "We try not to tell people what to do at a Rainbow Gathering." U.S. Attorney, "Well, when you ASK somebody to do something at a Rainbow Gathering, and they agree to do it, don't you expect them to do it?" I replied: "No."

I answered in truth. At a Gathering, even a Gathering where I may know the People who are there, and even if they agree to help out; I am still only asking. Even if they agree, and even move to go and do what needs to be done, they may or my not wind up doing the task. I would simply be bringing it to their attention. It is commonly held among people of our Creed, our Way of Life, that we individuals among our culture "do our own thing." We may have some influence on one another; but our culture and way of life is that each and every person is personally responsible for their own lives and choices. We may act in support of one another or not, we may associate or not associate, Assemble or not Assemble, at each moment, as it happens, in the Now.

Our Spiritual Kinship, our Common Union is acheived at each breathe of our body, at each moment of our applied will to join or not to join, to be or not to be with one another; even when we do join at will, it is in the I-Magi-Nation.

There are people who have no relationship to a mystic or spiritual or religious life, who yet are of similar Creed and Relationship to Life with those people who attend Gatherings who are Religious or Spiritual, who believe in the Mystic, who accept Jesus as human, or as Son of god, or Savior, or any number of other beliefs, etc. The Common Ground of Peaceable Assembly extends beyond and includes every possible religious/spiritual difference, including the belief systems of atheists and agnostics. Without this primary assertion at the foundation, there can be no covenant of Religious Tolerance; this is the necessary philosophical underpinning of the First Amendment, an inclusive social contract. Peaceable Assembly provides much of what the Founders of our U.S. Constitution sought by their work, as described in the Preamble to the Constitution [see Preamble to the U.S. Constitution, and Tenth Amendment].

These Spiritual Assemblys come to Gather where they are by an Impulse, a Calling. When they first took place on Boston Commons, in 1775, for example, the People had no Permit, nor did they stop Assembling in their "natural soapbox place of expression," simply because constituted authority neither understood nor sanctioned their Peaceable Assembly.

People who come to Gather for non-religious/non-spiritual purposes may come to Redress Grievances, or Assemble for political expression, or simply to be with one another in Peace. They often attend Gatherings, act in Peaceable Ways, Assemble with other Peaceable people, in Free Expression and Exercise of their Political or personal beliefs. They are not less-respected, or condemned, or set apart any more than folks who are Hebrew or Catholic, Hindu or Buddhist, into Jesus or the Goddess, eat Vegetables or meat, Drink Coffee or Tea; none shall be set apart. Part of the Creed, which Gathers the Rainbow, and others, is Tolerance of differences in peaceable ways.

Some folks within the Gatherings call themselves, or are called by others, such names as "Elders," or "Keepers of Sacred Sacrament," or "Leaders," or "Chiefs," etc. Among our People it is widely held that a person, an individual, can call themselves anything they want, and we have a full range of names. Such "titles" have little or no meaning beyond some one person's identification. [**Note: Some such names are used in the recent U.S. vs. Rainbow Family Complaint, issued Feb. 16, 1996, in Florida.

Gatherings, particularily Rainbow Style Gatherings, are free and open to all; composed of individual volunteers who work in service to do the myriad tasks necessary for Peaceable Assembly. Over the years, many of the same individuals attend and work in service as volunteers at these Peaceable Assemblies, and this is honored and respected. However, there is no hierarchy, no membership lists, and no official titles. This is the way it has been since the beginning.

I have been termed a "founder" of the Rainbow. It is true that I had a "vision" when I was very young in Montana, that led me to Table Mountain, on July 4, 1972. However, I see myself as being someone who "found" and "was found," like in the song "Amazing Grace," "I was lost, but now I'm found." When I left the U.S. Navy in 1966, I lived in Golden Gate Park in San Francisco, and walked on Haight-Ashbury in San Francisco, and the media and tourists called us "HIPPIES." We called each other "brother" and "sister," acknowledging our spiritual "kinship," even before we knew each other in any personal ways. Before we called ourselves Rainbow, we called ourselves "the Family of Three Lights," "Outlaws of Marblemont", "Morning Star Ranch," "Wheeler's Ranch," "Church of Ahimsa," "Diggers," "Family of Mystic Arts," "Hog Farm Family", "Family Dog," "The Farm in Tennessee" (see Stephen Gaskin's books), etc.

I am one of the "Earlies" of the Rainbow (as I call it). It is true, I have been in the First Circles of our Rainbow People; and before that, all the way back to the first "Human BE-IN," in January 1967; back to Haight-Ashbury Days, where the First Circles of our People (in 1960's) took place when we were sitting around the rooms in the "crash pads," passing joints of marijuana and food to one another. Most of us barely knew one another, yet we gathered in peace, in the Park or in the Crash Pads, or on the Street, and shared our way of life, established our common creed [see Haight-Ashbury Oracle, 1966; Rengelevio, by Emmett Grogan; also, Rainbow Oracle, How to Blow Minds and Influence People, Where Have All the Flower Children Gone?]

Ever since the beginning of Gathering, since the Clean-up Crew at Vortex rode away calling ourselves "Rainbow Family," some of us, different individuals so moved, have always stayed behind to help Restore the Earth. It is very much a part of the Gatherings to "leave no trace," and "go lightly on the land." We gather in Nature not to trample or destroy, but to celebrate, and BE with our kindred nature, and give thanks; it is in balance, then to give back and "make peace" with the Earth, as we are there, and as we leave.

In my personal spiritual life, this is my personal word between myself and the Earth, the Earth is a Living Being, the Earth calls me Home to the Gathered Swarm of People, where I learn Respect and show Respect to any and all who have Gathered and the Earth itself. When I feel this call, it is so strong that I know, in the face of Oppression or Intolerance, or Governmental mis-understanding or mis-conduct, I will still Gather, I will still Swarm with my People, in my Free Home and when the Gathering is over, because of my Respect of the Earth and of the gifts God has given me, to help replenish, restore, clean-up the mess of Humankind; to help to Restore The Earth, Restore The People, as I am part of Humankind, and I live here, and it was Our People who first stood forth in Silent Consensus in Council Circle with Freedom and Responsibility.

Our cultural use of the herb, marijuana, dates back to the beginning of the Hippie movement/generation, Peace Experience. In 1971, I wrote the following rap, which was included in the Rainbow Oracle:

On Marijuana as Sacrament (c.1972) (The Lord gave us all the herbs of the Earth, All plants for our use, Gen.) "This really says it all, the Lord gave us a whole world to watch over and to protect and to enjoy living in and what we do, we fight over what he gave us and what we shld use I for, leaving aside so many other issues that we could take up, we will settle upon one of the most basic of human rights, what we as a people have the right to ingest in our bodies?"

"Assuming that we are all equal children, subject to God's will and Law first, subject to the laws and customs of the land secondly. Jesus aptly demonstrated this by breaking the Sabbath and committing many crimes against the customs of his day here on Earth, indicating however, all the way thru that we shld obey or be ready to go to jail. Also that in Romans 8 which guarantees us certain inalienable rights as well as indicating a path for this Country's People to proceeed upon, one toward Freedom, not away from.."

"There is an estimated 2 million of our people locked away in Prisons. These are not true criminals such as people who have committed murder, etc., but people incarcerated for "crimes" (I use the word crime rather loosely here) such as possessing and smoking marjuana(one of them herbs God gave us) and of course a myriad of charges such as speaking freely, living freely, being free etc. they are in prison illegally and everyone knows this, we know it is unconstitutional to imprison someone who is simply living within their equal; and fair share rights within the law of the land, in accordance with God's law and will, which is again, to live according to the customs of the land. Listen" (when policeman break the law, then there is no law only survival ( this is a quote from a movie called Billy Jack) on with the movie, come on folks, consider that what is happening is causing such a foul up in the Court system, if anyone could get a fair trial, if they could actually present legal evidence that would free all these prisoneers and let me tell you there is enuf evidence around, tho most of it has been considered inadmissable in courts all over this land remember they tried Our Lord unjustly (out of ignorance) and they are trying us and you, you are us, we are you....undeniable fact...."

Now Willy Mimzy and Rev. Jim Kimmel both live in California, both are involved in cases wherein they have used grass as sacrament, same and similar to the Native American Church (who incidently do not worship the plant but rather the Great Spirit that gave them the plant) and to the Catholic and other churches that take communion, grass is bread, manna from heaven, you may deny it because you are afraid or have heard stories about what using it leads to -but folks almost everyone that uses marjuana that I have to admit there are a lot of very uptight self-righteous Jesus People runnning around, most of who got that way from doing hard dope and blowing it, then crying out for help and having some other uptight self rightous Jesus person come along and lead them to the Lord, this is alright, 'cepting about the uptight, self righteous part...better for the religious leaders and political leaders worry about being right with God stop persucuting his children, we are the Children of God, We worship and live acccording to to his will and word, we interpret the law and will of God , like unto Jesus who had to be an open minded and beautiful personna as well Lord of Lords. Anyone that has a mind that could create Matrjuana and place it upon the Earth must have known that we'd use it, The Lord does not tempt us, only doubt and fear and evil people keep us from knowing God by not living His will and Law, come on loosen up folks, really, check out the facts of living on this Earth, fear grips our hearts and you don't know how to communicate with your kids or neighbors, things are closing in, but realize that by preventing people from living and having basic human rights, Let alone the rights that God gives, you increase the tribulation, bring it down on yours and ours heads, investigate this that I say, if interested in these two particular ;cases before ;the courts contact Rev. Jim Kimmel Religion of Jesus Church ....(unreadable)....Contact Willie Mimzy defense Psychedelic Venus Church.....(unreadable) .And this kind of imprisonment for use of Marijuana only constitutes a few of the cases coming before the Courts confiding human rights. For more information contact your local A.C.L.U. legal aid Society, or anybody in your town that is involved in draft counseling, working for anti-war legislation...It is all the same, one thing or trip, one denial of human rights takes away from the chances of this Country becoming a free Nation of this World then truely we will be able to hold up our heads and say yes, I live in th land of the Free and Home of the Courageous...Right now however too many people got their heads in the sand...perhaps you have had our head in the sand, too...please look; there is enough misery in the world as it is, without the misery incurred by your inaction. selah"

This was written years ago, and a lot of it is true and still true, ...only the number of millions has changed, because so many have been arrested and persecuted since then. Both Willie Mimzy and Rev. Jim Kimmel were prosecuted and convicted.

Current "Group Use" Regulations Several misrepresentations of the truth are printed in the 1995 FS Regs at 36 CFR 251 (FR, vol 60). This concerns our clean-up record in Minnesota, North Carolina, and elsewhere . Five separate crews worked on clean-up and restoration of the Minnesota Site of 1990. I was in on the conversations and acted as a cheervoice for those who made the journey. The situation our People faced was two-fold:

They did not walk over the land with the Ranger for inspection at the end of the clean-up; they felt they had such a good relationship with the Forest Service by the end of the Gathering that "all the politics were over." -- because the Police State on the threshhold of the Peaceable Assembly was withdrawn.. So they left, leaving the Ranger to come out later and check the clean-up. A Ranger was there everyday with the Family during the clean-up and Restoration Process, usually Restoration volunteer crews walk with the Ranger, over the Site, and a handshake and "good job' is exchanged.

They did not get a signed letter from the Rangers. For years, at the end of clean-up, there would be a handshake between the clean-up/restoration crew and the Ranger (usually a conservation Ranger, like Silver Rael in New Mexico in 1995). In Minnesota, Several Restoration Crews (all volunteers) returned to the Site, from late Fall of 1990 on into the Spring of 1991 -- until June 11, 1991, when finally, one of the Restoration Crews walked the land with the Ranger, and got a signed letter from the Ranger, on site. Very little trace of the Gathering was ever left to Restore. Since this time I/we have encouraged Restoration volunteers to get a signed letter from the Raanger, at the end of Clean-up and Restoration, after walking the site with the Ranger. Otherwise, we get situations like the Forest Service statements about 1987, North Carolina, 1990, Minnesota, 1991, Vermont and 1992, Colorado, Clean-up and Restoration not being good enough, (see 36 CFR 251 Fed. Reg. vol 60. 1995).

In 1987 at North Carolina, the Clean-up the Forest Service touts so strongly against us, the Forest Service forgets to mention all the evidence that was entered in the Texas Case in 1988 and the fact we were under injunction and blockade in Texas , and the Justice Justice ordered Federal Marshall in to oversee the relationship between Forest Service Special Agents and Rainbow Family, fearing the Special Agents would run amok.:

There was a blockade on our Front Gate, during the North Carolina Gathering. At one point, when many Rainbow Children were sick, as well as big folks, I was working as a volunteer at the Front Gate of the Gathering on the Fourth of July, when an R.V. arrived with 1200 gallons of distilled water, badly needed inside for the Children and sick people. The rig was driven by a Chiropractor Doctor, with his card and driver's license. I specifically asked through the Officers present, to address the Incident Command, Special Agent Billy Ball, to allow this R.V. with all the Distilled Water to pass. The Forest Service refused ingress because the driver had a card, but did not have his Doctor's License with him in the R.V. at that moment. [Note that many Rainbows, including me, suspect that the Forest Service (or associated agents/military) may have poisoned us with Shigellosis sprayed from an airplane, or by some other means -- a spraying of something was witnessed by many present, including me, shortly before the outbreak of sickness.

Later, during the Clean-up and Restoration of the land, the entire clean-up crew was harassed, threatened, with some arrested; until finally the entire Clean-Up/Restoration Crew was arrested. Once they got out of jail, they returned to the Site and finished the job. An alleged Agreement between the State of North Carolina and Rainbow Family was signed by three persons who had no authority whatsoever with respect to the Family. These individuals were moved in their hearts and minds to do what they perceived was a Peace Move for the safety of the People (and themselves). Moreover, they wrote "Signed Under Duress" on the "agreement," which renders it invalid, which was pointed out in Court during the Texas Case in 1988 [see "1988 Case," item #4].

III. CREDO: Outline for Cultural Rights Claim Discrimination Against Our "Recognizable Minority": In 1937, Marijuana Stamp Tax Act was passed. The Movie "Reefer Madness" is revealing in that it clearly shows that the "compelling governmental interest" at that time was not to stop marijuana and marijuana smoking, but rather, was to stop what was perceived as a social, recreational relationship between marijuana smoking and "race-mixing" i.e., to stop people of differing cultures, different cultures, colors, shared beliefs, creeds, from assembling or associating peaceably.

Over the years, since 1993, at various times, great "social alarms" have rung out, and American society and the enforcement arms of the Government at many levels have tried to stop the growth of a culture, a minority of citizens/people who choose to associate, to assemble with other people different than themselves in peaceable ways.

Among some of the ways used to stop the growth of this "recognizable peace culture," this "recognizable minority," are various zoning laws, rock festival laws (Vortex/Woodstock Laws), drug laws, noise ordinances, group use regulations, etc...

These laws are enacted at City, County, State, and Federal levels. There have been declarations of War against various element/individuals in society, under the color/guise of punishing criminal activities, which on their face are discriminatory toward specific "associated people, people of a common creed."

People of this culture are called by many names: in recent years, these folks have been called hippies, H.I.P.eyes (Humanely Interested People with friendly eyes), flower children, peace people, protest people, longhairs, freaks/folks, '60's people, new age people, now age, rainbows, deadheads, etc... this recognizable culture is noted for its common creed:

Peaceable assemblies for the purposes of expression; including Peace Gatherings, held on public and private Lands; Rock and Roll concerts and other musical, theatrical, artistic, and cultural expressions; i.e., Barter Faires etc..

Shared Beliefs: Inclusive in these peaceable assemblies are moments of shared beliefs upon the parts of participants. Even individuals of differing beliefs come together at these Common Ground arenas, with a common understanding of Sharing Common Ground in Peace -- Peaceable Assemblies.

Exercise of shared beliefs: In many of these assemblies, individuals with different religious views and different political views become united by their common purpose in coming together; by their COMMON PEACE PRESENCE they EXPRESS a common EXERCISE of their religious and political FREEDOMS. By their presence they are joining in a common interest, exercising their powers of expression as individuals/citizens (powers not held by the Federal Government or any of the States). In these exercises of expressive Freedom/liberties, PEOPLE HAVE REAL POWER TO EXERCISE.

This underscores the significance of PEACEABLE ASSEMBLIES, as a way for people of diverse cultures, who have Rights reserved to them under the Constitution, to discover these Rights and Exercise them in Common Actions of Peaceable Assembly, which is a Verb, as well as a Noun.

Free Home, Free Exercise Integral to the Government's case is the idea that they are not affecting our Religious Liberty by requiring a permit. The other day, a guy and his son came by, the discussion turned to the death of his son, and his son's love of Hawks: How just before the son's death, in a tragic accident, he and his son had discussed Death and reincarnation. The son expressed that, if he died, someday he might like to return as a Hawk. His Dad said that while he went to Church every once in a while, his son expressed his love of worship of God in the out-of-doors. This Son died on Christmas Day; and later, the Dad and another son were out in the out-of-doors, and saw a Hawk circling in the Sky. They felt the Hawk was a messege from the son who had died, that he was alright in heaven, with God.

If the Father and Son, had been out in the out-of-doors, with 73 other people of their family; or if 73 other persons had stopped by and witnessed the same Hawk, no matter how personal the moment might be, by this Regulation, the Dad or Son, or someone, would have to go to the nearest Forest Service office and apply for a permit and maybe receive it based on the criteria in the Regulation.

"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 10, U.S. Constitution] When People Gather for Peaceable Assembly, they find the places to do so by Design or planning, Vision, spiritual or Religious insight, Political or cultural belief, Dreams, Fate, Circumstance, Incidentally, Accidentally, and sometimes foolishness. It is my witness that there are many times when a Gathering is expected to Happen in one spot or area, on one type of land or another, will often happen where it happens. What moves People to Assemble, at certain places and at certain times of the Year, is a Mystery; often noticed but seldom given Freedom in the Law.

In England, the Caravan Sitings Act of 1976 dealt with the idea of recognizing reknowned Caravan sites, places where People tend to Gather in Caravans or similar associations. If Sites, Caravan Gathering places, are used for 10 years in a row, they are then recognized and set aside as Caravan Sites, places where people may continue to Assemble. Stonehenge, one of the Ancient Gathering Sites in England, is also a site frequented by Caravans, year after year, in different seasons of celebration. However, the British government blockaded Stonehenge to prevent the Caravans from Gathering there for the tenth consecutive year; to prevent the designation of a reknowned, continuously used, spiritually/culturally significant Caravan Site. The British government is waging a cultural war against the People who "naturally" gather at Stonehenge during various times of the year, since Ancient times.

It is my witness that Gathering sites in United States of North America are rare, wonderful places. Places that CALL the People HOME. Oftentimes, "Scouts" who look and look for a suitable Site for a Gathering; when they finally find such a Site, it is as if the Site itself set up a Welcoming Vibration; a Welcome Home Vibration. This vibration or communication is indescribable and can only be experienced directly.

Like a swarm of bees who know where to swarm, persons come from all directions; as if a radiant energy were drawing them from 360 degrees around Home Center, people feel drawn to the Home Place. Borders of Countries or Nations (there have been hundreds of Gatherings in other Countries and Nations, some with Government sanction -- see Czech Gathering 1995), borders of States, borders of Federal land and private land, make no difference here. The choice or discovery of sites is guided by Spirit and the will of the land. Still, Rainbow People, among others, commonly choose to Gather on the National Forest or Bureau of Land Management Lands, and rarely venture into more protected areas of Public Land (eg, Wilderness, Special Use Areas). We rarely trespass on private land, although there are occasional exceptions, as in Colorado 1972 at Strawberry Lake, Home Center was Strawberry Meadows, a piece of private Land within the National Forest; the Silence at Noon was held on the top of Table Mountain, on National Forest Land.

Whether it be an Ancient impulse, tracing to Jesus' Sermon on the Mount, or earlier; or a Now Age impulse, arising in response to Dark Days on the Earth; or a natural phenomenon coming about from the modern proximity of diverse cultures, the culmination of the "melting pot;" or all of this -- for whatever reasons, mystical or scientific, spiritual or religious -- Individuals, Persons of many colors, cultures, Tribes, communes, creeds, religions, Spiritual pathways -- have begun to Gather.

The choice of where to Gather comes from within; the time, the place, who to be with -- all of this comes from within. A spiritual message speaks to the heart and compells the mind; like a religious commandment, or an impulse like the commands that led Jesus to the Cross; "Take up thy cross and follow me!," and people do. In this way, scouts know the place when they see it, when they walk upon the Land and it tells them it is a Gathering Site, then they know that the People will come.

The People swarm to these Lands, not to disregard the Law, but because they feel a "calling" ("Many are called, few are chosen!"). To many people, this experience is spiritual, or religious, or metaphysical, or highly significant; it has intrinsic value. For someone to feel the "natural experience," the "natural, inalienable right to relationship to Nature," the feeling of "Coming Home;" like the salmon and the buffalo, and the eagles and the butterflies, and the Ancient Peoples of Tribal remembrance; we experience that we are part of the story of the Earth. And too, our Homeplace is affected by the Governmental process.

Some folks feel that anyone who spends their time at Home dealing with the Government (with Babylon) on legal matters; or working with any constituted authority; or even discussing whether any Government of the World can rightfully have Rules or Regulation over something so innate as Gathering, so intrinsic to the value of their life; anyone who engages in such activities, is wasting their time and should turn their energies toward simply Gathering.

As a person who feels very strongly that only the Creator has dominion over the Creation, it has been a constant struggle, for me as an individual, to be burdened by government interference in my religious exercise. Many forms of "Prosecutorial MisConduct" and "Selective Enforcement" have been used against me personally, and against the Gatherings and the Inalienable Right of the People to Gather.

It is my personal belief, that in free exercise of my religious liberties, I have the right to Gather in the exact cultural expression of the message of Gathering; The Way we Gather, Our Style of Gathering, is our Free Exercise, and is Our Message. This is protected by the First Amendment of the Constitution of the United States and by the Religious Freedom Restoration Act of 1993.

The "Powers" of the Flowers The Power of the People, as defined by the Constitution, is the aggregate of powers, rights, privileges, and immunities, both designated and reserved to them. Coming together in celebration of Peaceable Assemblies for rights of Expression, on either private or public lands (or lands held in trust for the common concerns) is a legitimate exercise of these Powers. THE PEOPLE, through the afforded place, THE SOAPBOX OF THEIR CHOOSING, may Freely exercise their rights of religious beliefs and political beliefs. By Assembling in Peaceable Ways, the people are furthering the public interest, and government interests, in several ways:

Redressing differences in Open Public forums, held on public lands, private lands, or lands held in trust for such purpose as sanctuaries of the Truth, are especially necessary in any Country that seeks domestic tranquility through a government founded on agreements of the People. It is in the interest of governments to provide and encourage such lands to be recognized for this purpose, as a Sanctuary of Truth or Speech.

"Soapbox" opportunities come with some place to Stand and have Free"Speech."

Freedom of Expression extends to actual Speech, non-verbal communication, including dance, music, art and style. Freedom of Expression includes freedom of lifestyle as long as it is similar in nature to a peaceable assembly.

Peaceable Actions in a citizen's lifestyle, exercised at these peaceable assemblies and in their daily life, further insure domestic tranquility.

Open expressions of a "Peace Lifestyle", through workshops, sharing of views, ideas, worship, use of marjuana (and other herbs etc.) in ways of intrinsic value--- encourage voluntary domestic tranquility.

In music, arts, and other tangible expressions of speech and expression, citizens who assemble in peaceable ways, of same or similar cultural reference i.e. creed, should not be denied their right to their pursuit of happiness nor deprived of their privileges and immunities under the Constitution simply because they have differing ways than the current majority views.

Citizens/individuals attend these events to Exercise their right to Expression. These events become "Soapboxes" which give opportunity for speech, worship, exercise of religious liberties, and exercise of political liberties. Common Ground is reached by various citizens, "insuring domestic tranquility."

Peaceable Assemblies are Free and Open (non-commercial) in nature: even though, as in the case of such Peaceable events such as Woodstock l969, and Woodstock 1995, a commercial potential existed, the events themselves became, by virtue of the PEOPLE EXERCISING THEIR RIGHTS TO PEACEABLY ASSEMBLE, became Free and Open events. Even many commercial events have elements of Free Expression, and within these commercial events the right to freely express opinions either in art or music or style are included in Free Exercise.

These strictly Free and Open events/assemblies/fairs/gatherings, of a peaceable nature, with evident presence of persons "obviously" of the peace culture, who through statements or actions are provably of a distinct minority of recognizable characteristics and similarities, are part and particle of a common creed of peace among people of peace. Non-commercial events of a peaceable nature which Constitute assemblies are essential to a culturally diverse democracy.

Forms of Cultural Oppression Individuals of the PEACE Culture are oppressed by a range of laws that interfere with their guaranteed Constitutional Rights, freedom of religious/ethical self-determination, and ethical creed of Tolerance/Celebration of Peaceable Difference. The oppressive laws include the Federal and State Marijuana Prohibition Laws, Vortex/Woodstock Ordinances -(Outdoor Music Festivals Laws, Outdoor Mass Gathering Acts), Selective emphasis of traffic laws, land use and zoning laws, noise ordinances and Federal Administrative Rules. The Marijuana Prohibition Laws fail to recognize legitimate cultural, non-criminal, uses of marijuana. Marijuana has long been used as a medicine and sacrament within a variety of world cultures. Contemporary cultural use also reveals many beneficial effects, sacramental sharing, and the broad based observation that marijuana use poses no substantial threat to the public. This truth can be witnessed by many, many people, both users and non-users.

However, Prohibition efforts have generated a climate of ignorance and hysteria regarding the true effects of this herb. As a result honest inquiry is stifled and truthful witness cannot be given without drawing suspicion of criminal behavior. Mere allegations/rumors/inflammatory headlines regarding the supposed "intrinsic" dangers of marijuana use have been misrepresented as facts, displacing legitimate research that substantiates beneficial medicinal uses and establishes the positive social aspects of our culture. The "red-baiting" of McCarthy's era has been replaced by "hippie-baiting" in this current "Drug War" era.

Cultural use of marijuana includes individuals of diverse philosophies, religious backgrounds, and spiritual beliefs who are united by this common cultural practice. Legitimate cultural use includes:

Political Use: persons, individuals, citizens Speak Out for the legalization of marijuana; in this exercise of the political rights, these citizens are Redressing Grievances of infringement, proclaiming their rights of political expression are burdened.

Religious/Spiritual Use: individuals/citizens assemble for prayer, worship, to share beliefs, to exercise the essence of their ritual use of marijuana as sacrament, and to Share in the Blessings of the Herb.

Cultural/Secular Use: people in cultural assocation with one another, citizens who posses and use marijuana in various ways associated with civil liberties gather together to celebrate their mutual possession and use. Under civil rights laws persons should not be singled out to be oppressed because of their lifestyle/culture/creed.

Our Culture, Our creed, is partially based on Tolerance. Therefore, as a practicing Jesus Taoist, I may smoke Marijuana as an Exercise in Religious Liberty and view it as Sacrament. However, there are those of the Rainbow, even among those who smoke Marijuana, who do not choose to see it as Religious Use, nor do some of them see Peaceable Assembly as a Religious Exercise. Yet, these people and I can Gather on Common Ground because we share the same or similar creed; ie, our Peaceable Assembly includes Acceptance of one Another and Acceptance of Our Differences. Our Affirmation with one another is Tolerance of Differences on Common Ground [**see Where Have All the Flower Children Gone?, p. 15].

The purposes/philosophies of marijuana use within our culture reflects our diversity, our individual differences. Hence We, as a culture, include persons with religious relationship to marijuana, persons with healing relationship to marijuana (ie, medical use), persons with cultural relationship to marijuana, and persons with political relationship to marijuana. These purposes are similar insofar as they recognize marijuana as having intrinsic and beneficial values; as opposed to merely commercial value. Anyone whose use is predicated on an intrinsic relationship to marijuana, and other herbs, cannot be considered of criminal mind. When use reflects an intrinsic value, the person's "intent" is exercise of religious belief, cultural creed, healing/medical practice, or political expression. It should be noted that all of these uses can be included under the Religious Freedom Practices Act in accordance with due process.

In general, the various Governments have justified their "oppression" of these people and cultural events/assemblies under the color of various generally applicable laws. In doing so they have consistently and constantly, violated and substantially burdened various individuals' rights to worship, to freely exercise their religious liberties, to express themselves politically for redress of grievances, and to exercise their rights and powers reserved by the Constitution.

Restrictions have been placed on First Amendment freedoms well beyond service of any "compelling governmental interest." The governments and agencies in question have not and are not undertaking to utilize the "least restrictive means" of pursuing their interests where the Constitutional Rights of these citizens are at stake. Nor are there "alternative methods of communication" for citizens of this culture, who by common creed attend, assemble, gather, associate for prayer or worship -- to exercise their religious/political/cultural creeds, liberties or rights to petition for redress of grievances, and otherwise to exercise the rights and powers reserved for the People.

Over the years, these governments and agencies have singled out various Individuals and groups who practice a "Peace Culture," and exercise their liberties at these assemblies and in their personal lives. Recognizable members of this culture are "burdened," by a myriad of "generally applicable laws," for criminal and civil prosecution, under the guize of public health and safety, zoning, war on drugs, etc. The governments in question set up situations where the "compelling governmental interest" is represented as "health and safety considerations," when in fact, the Governmental authority is used to single out, repress, and restrict civil liberties.

Setting up a "Police State on the Threshold of peaceable assemblies," has become a source of continued tensions between citizens and governmental authority. This has often had a "chilling effect" on First Amendment freedoms [see: O'Hair v. Andrus; U.S. v. Gideon Israel; U.S. v. Rainbow Family]. The governments' "justifications" of compelling interest have been Health and Safety laws, environmental regulations, festival and noise ordinances, etc.

Through the years, particularly since the l960's, Governments have repeatedly been in the Courts, under various jurisdictions, regarding the People's Rights of Assembly. Ordinarily, a Judge will rule that public health and safety should strike some balance with the rights of individuals and citizens. Accordingly, the rights of certain peaceable assemblies have been recognized by Federal Judges. Judges have also recognized that the governmental agencies involved also have responsibilities in ensuring the public health and safety. The view that "Unrestricted First Amendment rights are not in the public interest," is a common theme of the U.S. Supreme Court in many cases.

The Issue, for the government, comes down to what constitutes the following:

(a) compelling governmental interest (b) least restrictive means (c) reasonable compliance within the laws. (d) alternative means of communication The Issue, for the People, various Individuals, citizens comes down to: Protecting Constitutional guarantees for the Exercise of Civil Liberties of Speech, Worship, Assembly, Association, Expression, Redress of Grievance, Cultural Creed; that these are neither hindered, hampered, harassed, infringed, burdened, oppressed, or otherwise impaired; thus ensuring that not even one minority group or individual is singled out and persecuted for their beliefs, shared beliefs, i.e. creed, for their shared lifestyle of cultural values, i.e. creed, or for the exercise of their religious and political liberties. Reassurances must be made in light of the loss of public trust in government. Many citizens have had "a chilling effect" placed on their everyday rights, and their rights of celebration and worship, and their rights to assemble without infringement of their rights or persecution. It is well known in this Country, if you are going to attend an event or peaceable assembly where "certain elements" are included -- such as a Greatful Dead Concert (not too long ago); or Earth First's Round River Rendezvous; or an American Peace Test at the Nevada nuclear test site near Mercury, Neveda; or a Peace Vigil in Lafayette Peace Park; or a Rainbow Gathering somewhere on public land; or a Peace Gathering at Rainbow Valley near Little Rock Washington; or many other similar events or assemblies held in various places around the Country, in every state and locality --that you do so at the risk of police persecution. Such events and assemblies, attended for purposes of exercising rights to associate and assemble, worship, redress grievances, or express political views, are frequently "burdened" by excessive police presence, illegal searches, excessive force, blockades, etc. [mucho evidence].

Other citizens generally have the simple right to drive to the "King Dome" in Seattle, WA; park and enter; see a game or Billy Graham, etc.; be there recreationally or with purpose. Authorities generally utilize minimal means of restricting ingress and egress of such places and events, such peaceable assemblys. NO DISASTER SITUATIONS ARE ANNOUNCED. However, if a Gathering on Public land for Purposes of Expression is announced by people of the Rainbow Family (by whatever name), the Government routinely declares this an emergency and the Federal Emergency Management Agency (FEMA) is called in and placed in charge; ie, a state of Martial law is instituted.

According to a New York Times article on the New Mexico Gathering last year, Forest Service sources reported that something like l700 people a day were stopped by Police on their way to the Gathering. These police were ostensibly there to warn the attending individuals of the lawful speed limits, etc; yet, at various times, these same police have been found to arbitrarily utilize various "generally applicable laws" to stop people and curtail the number and types of people who attend these Gatherings. Similarly, in the case of Peace Gatherings with music held at Rainbow Valley near Little Rock, WA, the local government seems more inclined to shut down the event, seeing to it that the peaceable assembly does not happen at all, rather than seeing it happen within reasonable compliance to the law.

Notes & Resources "Speak-Outs" on/at Soapboxes (Peaceable Assembly areas) have been held at national levels, and local levels for years [see Irish War League v. Gay, Bi-Sexual, Lesbian Alliance of Boston, June 1995]. Books on the Hippies, many books on counter-culture etc. and their relationship to the Authorities, have been written. [see Where Have All the Flower Children Gone?, B. Adams, reference to "Hipstory of the People"].

T.V. programs have been broadcast on the Hippies, etc. [see "The Compton Report," and "A.B.C. Primetime Live," report with Liza Cohen].

"Hippies" (and by other names) are a generally recognizable minority in this Country. "Hippies" and "persons who possess and use marijuana" are commonly associated in the public mind, and in the Judiciary mind [ see U.S. v. Gideon Israel; Judge Bilby of Arizona said, "Hippies and High Creek, they seem to go together...," when designating an alternative peaceable assembly ground for purposes of expression].

Human Be-Ins, Smoke-Ins, Demonstrations of many sorts, Peace Vigils like the one currently in place across the street from the White House at Lafayette Peace Park have a documented history of police interference and judicial proceedings [see Thomas v. U.S. Park Police; also, Clark v. C.C.N.V.).

See also Rastfarian Ruling, Ninth Circuit Court of Appeals, Feb. 2, 1996 [see "Road To Freedom" Section, this paper.].

IV. Road To Freedom Exercise of Rights of Religious Liberty, Political Expression, Cultural Lifestyle Creed, Freedom of Speech, Right of Peaceable Assembly, Right to Redress of Grievance. The Religious Freedom Restoration Act of 1993; Public Law 103-141 (H.R. 1308) was passed on November 16, 1993. This Act reaffirms First Amendment protection of free exercise of religion, and allows for claims and enables use of "religious practices" in claims and defense under the law. The following provides some background on the Act, its text, and notes on its application to cases involving use of marijuana as sacrament and other religious/cultural practices of the recognizable hippie minority/culture, in particular, gathering as a form of spiritual expression.

Background In 1989, the Ganja Root Church of South Florida sought a decision from the U.S. Supreme Court concerning their right to use marijuana as a religious sacrament. The Ganja Root Church of south Florida are Rastafarians. They lost. The Supreme Court ruled there was a compelling governmental interest, ie, the drug laws against marjuana, and therefore First Amendment rights must be curtailed; i.e. Right of free exercise of religious beliefs, Marijuana as Sacrament.

In 1990, in Employment Division v. Smith, (494 U.S. 872, 108 L. Ed. 2d 876, 110 S. Ct. 1595 (1990) individuals in association (members) of the Native American Church, who use peyote as a form of sacrament, argued that peyote use is intrinsic to their shared beliefs, an essential part of their free exercise of religious liberty. Again, the sacrament in question was a controlled substance, treated as a criminal violation of the "Drug Laws," i.e. War on Drugs. This case was brought to the Supreme Court, where the Native American individuals involved petitioned for the Right to Exercise their Religious Liberty. They lost.

A third case, around 1992, affected the Santeria Religious People, in south Florida. These folks were brought to suit for one of their practices in which they get together, search out a goat (among other animals), cut its throat in a ceremonial way to catch its blood, then open its belly and read its entrails for signs and messeges of prophesy, etc. After this they drink the blood, cook the goat and eat it, all of which is done in an obviously ritual and ceremonial way. This religion came from a blend of African and Catholic rituals in the Carribean; only they truly know the full intrinsic value of their ritual. These folks were issued an Animal Abuse Violation, which they took to the Supreme Court, where they too lost.

Naturally, the Catholic Church, the Hebrew People, and the National Council of Churches, among others, immediately saw danger in these Supeme Court Rulings:

For the Hebrews and many Christians this could signal infringement on "Passover," wherein the "blood of the lamb" was placed over the doorways of those People who listened to God through Moses. This is only one instance.

For the Catholics and many Protestant Peoples who take Holy Communion, this came very close to home; if you are of the Faith and join the Church, or through Grace, participate in Communion, then you "eat of the body and drink of the blood of Christ."

Therefore, a great majority of the "organized religious groups" lobbied Congress to construct an Act to Restore Religious Liberty, Restore the Free Exercise of Religions, and they specifically mention Employment Division vs. Smith.

All of the current crop of Presidential candidates either lobbied for, or were part of the Congressional group that sponsored the Act, or were part of the citizenry in support of the Religious Freedom Restoration Act of 1993; this includes President Bill Clinton, who signed the Act into Law in November (see President Clinton, record of statements).

Religious Freedom Restoration Act of 1993 (for Legislative History of Act, see Report for P.L. 103-141 in U.S.C.C. & A.N. Legislative History Section. For the whole text of the Religious Freedom Restoration Act, go here.

(editors note. In the original, the whole text of the RFRA act was reprinted)

Due Process: Under Civil Rights Laws, persons, citizens have the right to protection of laws regardless of race, color, creed; including religious beliefs, exercise of religion, right to free speech and expression. The entire concept of Due Process of Law means that every person, every citizen of the United States, is governed equally in sight of the law. In other words what goes for those with religious beliefs, goes for folks with political beliefs; or of every race, color, or creed. [see Brown vs. Board of Education; and Articles and Amendments to U.S. Constitution]

Additionally, several recent Supreme Court decisions indicate that the Supreme Court values First Amendment rights to Freedom of Expression. Specifically, in a case involving the Irish War League vs. Gay, Lesbian, Bi-Sexual Alliance of Boston, the U.S. Supreme Court, in June 1995, ruled that the Irish War League have the right to their own "Soapbox" and the Right to Exclude any one not of their Expression. Justice David Souter wrote the Opinion.

This meant that Civil rights Laws which normally would effect such cases, take second place to the Rights of Free speech and Expression, as Established by the First Amendment to the Constitution.

Definition of Creed, According to Meriam Webster's Collegiate Dictionary credo (first word of the Apostles' and Nicene Creeds), fr. credere to believe, trust entrust; akin to Oir cretid he believes , Skt srad-dadhati (bef. 12c) 1. A brief authoritative formula of religious belief. 2. A set of fundamental beliefs; also ; a guiding principle.

The Rastafarian Decision Jah Rasta Far I will lead the Way! February 2, 1996. In 1996, the United States Court of Appeals for the Ninth Circuit, Ruled that under the Religious Freedom Practices Act of 1993, a "Religious Use Defense" may be used in cases concerning possession and use of marijuana. Some points of the case are included here.

Case Reference: U.S. App. LEXIS 1458 cases: No 94-30073, 94-30074, 94-30075, 94-30076, 94-30084, 94-30171 94-30178 July 19, 1995 * Argued and Submitted, Seattle, Washington. These are Appeals from the United States District Court for the District of Montana:

Decision. The decision reads as follows [p. 7]: "The district court first found that the challenged law substantially burdened the free exercise of the Rastafarian religion. Relying on several earlier appellate cases, the district court held, however, "that the government has an overriding interest in regulating marijuana," The district court quoted Leary v. U.S. 383 F. 2d 851, 861 (5th Cir. 1967), rev'd on other grounds, 395 U.S. 6, 23 L. Ed. 2d 57, 89 S. Ct. 1532 (1969), as follows: "It would be difficult to imagine the harm which would result if the criminal statues against marihuana were nullified as to those who claim the right to possess and traffic in this drug for religious purposes. For all practical purposes the anti-marihuana laws would be meaningless, and enforcement impossible." The district court concluded that the government's in {*15} limine motion would have been granted even if the Religious Freedom Restoration Act had been the law of the land at the time."

"Bauer, Meeks and Treiber appeal the district court's rulings as to the religious use of marijuana."

In the Ninth Circuit the ruling came back this Way [p. 6]: "II. Religious Use Defense Under The Religous Freedom Restoration Act "Calvin Treiber, Dawn Meeks, and Lexi Bauer have presented themselves as Rastafarians. We focus here on an issue of first impression: the interaction of the Religious Freedom Restoration Act of 1993 with the claim of use by Rastafarians of marijuana for religious purposes. {*11}"

"Treiber, Meeks and Bauer asserted that they are Rastafarians and were Rastafarians at the time of the charged offenses, and that Rastafarianism is a recognized religion. It is a religion which first took root in Jamaica in the nineteenth century and has since gained adherents in the United States. See Mircea Eliade, Encyclopedia of Religion 96-97 (1989). It is among the 1,558 religious groups sufficiently stable and distinctive to be identified as one of the existing religions in this Country. See J. Gordon Melton, Encylopedia of American Religions 870-71 (1991). Standard descriptions of the religon emphasize the use of marijuana in cultic cermemonies designed to bring the believer closer to the divinity and to enhance unity among believers. Functionally, marijuana--known as ganja in the language of the religion -- operates as a sacrament with the power to raise the partakers above the mundane and to enhance their spiritual unity."

"A. Proceedings "The religious issue was first raised in June 1993 by Meeks who sought funds under 18 U.S.C. 3006A(e)(1), which provides that counsel for a person financially unable to obtain expert services necessary for adequate representation {*12} may request the funds in an ex parte application. Counsel for Meeks sought money to pay for a physician to testify as an expert on her medical needs and a theologian to testify as an expert on her use of marijuana for both religious and medicinal reasons. The motion was denied by the district court.

"On September 24, 1993, the district court granted the governmentent's motion in limine to preclude the appellants from presenting testimony or evidence on their possession or use of marijuana for religious purposes as a legal defense. The district court granted the motion "upon review of the pleadings." The district court relied on Employment Division v. Smith, 494 U.S. 872, 108 L. Ed. 2d 876 110 S. Ct. 1595 (1990)."

Later on the Religious Freedom Restoration Act was passed...the defense for these folks entered it in the case [p. 7]:

On November 17, 1993, the defendants drew the district court's attention to the report of the President's signing of the bill and, while professing not to know whether it was retroactive, renewed their objection to the court's in limine ruling. Cousel for Treiber moved to reverse the court's order "with regard to the First Amendment defense." Counsel for Meeks joined in Treiber's motion. Bauer was already recognized as joining all relevant defense motions. The court did not change its position. Meeks also requested the district court to instruct the jury to use the balancing test of Sherbert v. Verner, 374 U.S. 398, 10 L. e. 2d 965, 83 S. Ct. 1790 (1963), and Wisconsin v. Yoder, 406 U.S. 205, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972), in accordance with the Religious Freedom Restoration Act. The district court refused to grant the request.

The Ninth Circuit did not agree, and stated that the Religious Freedom Restoration Act did apply, and the defendents [p. 10]:

"The district court treated the existence of the marijuana laws as dispositive of the question whether the government had choses the least restrictive means of preventing the sale and distribution of marijuana. The district court relied on a drug case decided before the enactment of the Religious Freedom Restoration Act. We do not exclude the possibility that the government may show that the least restrictive means of preventing the sale and distribution of marijuana is the universal enforcement of the the marijuana laws. Under RFRA, however, the government had the obligation, first, to show that the appication of the marijuana laws to the defendants was in furtherance {*22} of a compelling governmental interest and , second, to show that the application of these laws to these defendants was the least restrictive means of furthering that compelling governmental interest. The denial of the Rule 29 motion was in error as to the counts of simple possession."

"As to the counts relating to conspiracy to distribute, possession with intent to distribute, and money laundering, the religious freedom of the defendants was not invaded. Nothing before us suggest that Rastafarianism would require this conduct. These counts stand. As to the three counts on which the appellants were convicted of simple possession, the exclusion of the religious defense was in error."

"Treiber, Meeks and Bauer may be retried on the possession counts. The government should be free to cross examine them on whether they, in fact, are Rastafarians and to introduce evidence negating their asserted claims. It is not enough in order to enjoy the protections of the Religious Freedom Restoration Act to claim the name of a religion as a protective cloak. Neither the government nor the court has to accept the defendants' mere say-so."

V. Rainbow Bridge In The Law There are now some 400 Gatherings or more each year, in different locales, in different places on Public Lands, in other Countries, on private lands, all around the Earth. Little or no formal connection exists among all these different individuals who Gather in different places However, the guiding Principles, the Common creed is Peaceable Assembly, in the Rainbow Style...free and open to all, etc. The Way the Rainbow Gathers on Public Lands, or other places is as much a Practice of their Beliefs, as a High Mass is for Catholic People who are gathered for that purpose. Under R.F.R.A. (1993), O'Hara v. Andrus would be overturned -- not as to the safety and health requirements, etc., but on the "necessity to have an authorization by Forest Service," to pass a "Religious Test," a "First Amendment Test" on whether the Gathering is First Amendment or not. R.F.R.A. also addresses whether the "generally applicable laws" stated in 36 CFR 251 and 261, which are self-described as rules to ensure "no conflict with other administrative uses of applied for lands" (such as cattle leases or timber leases, etc.), would /could give these other activities standing that could/would supercede First Amendment Rights to Public Ingress and Egress to Public Lands. There are few places, particularly with Water and meadows, located anywhere in the Public Lands that are not under lease by Rancher, Farmer, or other commercial interests etc. No opportunity to Gather would be the option under 36 CFR 251.

Also, no Forest Plans, in any Forest Service District, appear to consider Peaceable Assembly grounds. In no Planning conferences is the matter brought up, nor are their any provisions in any Forest Service District or Regional offices planning "options," to accomodate the Constitutional provision for Peaceable Assembly [This is mentioned in 36 CFR 251]. Therefore, there are no other options for citizens, but to find their own Gathering/Peaceable Assembly Grounds, and to Gather.

The Forest Service knows full well that Rainbow People, and others like ourselves, feel very deeply about the Belief that only the Creator has dominion over the Earth. The Earth is not owned, nor can it be. The Federal Forest Service personnel are "Caretakers" of the Public Lands, held in common trust for the enjoyment of all citizens. Forest Service knows that the best way to work with Rainbow Style Gatherings (which are Unique and have Intrinsic Value), is to allow them to happen as they are, and by reaching a Cooperative Operations Plan Agreement with the Gathered People. An Operations Plan is the Least Restrictive Means, allows for Ample Alternative Means of Communications, and is in the Compelling Governmental Interest.

Gideon Israel, Rainbow Valley, 1996: In 1976, at Love Israel's house, Church of Jesus Christ at Armegeddon, in Seattle, Washington., I met Jeff McMonagle, who was then joining up with the Love Family. Jeff had been one of the "original" folks in the "Dinosaur Club;" a group who dedicated themselves to social transformation (Freedom of Expression) through Rock and Roll Style Family Gatherings, at Dinosaur Valley [note: see Gideon Israel deposition].

Later on, in 1977, Jeff's name was changed by the Church of Jesus Christ at Armegeddon to Gideon Israel. At different times Gideon and I have gathered at different Places: at Gatherings of the Rainbow Family, Gatherings of the Love Family, Peace Concerts in Seattle, Peace Gatherings in Rainbow Valley, etc. For many years we were part of the volunteers for LegalLiaision for the Rainbow Family Tribal Council. Gideon went on to found Rainbow Valley, and still Gathers with the Rainbow on Public Land at times; however, his concentration has been Rainbow Valley for a number of years.

Background. Recently, as of Nov. l995, Gideon Israel received a summons for violation of a Noise Ordinance. This Summons was invalidly applied. Improper service of process; plus, apparent collusion upon the part of various governmental officials in order to infringe upon Gideon's right to Religious Liberty.

Rainbow Valley was established as an Exercise in Religious Liberty, by Gideon Israel, who has a Creed, a Guiding Principle for his Life work, based on Jesus Christ, his understandings of the teachings of Jesus Christ and their applicablility to the needs of the People of this Day.

In short, Gideon established Rainbow Valley as a place for Peaceable Assemblies, as a Sanctuary for the Free Expression of the Exercise of Religious Liberties and the Rights of the people to make a "Joyful Noise" unto the Lord. During certain days, events take place wherein persons, citizens, come from near and far, numbering into the thousands, in order to Exercise their rights of Speech, Religious Liberty, and to Redress Grievance.

The People come to hear Music, view Arts, and other forms of Expression, and by their presence, and their actions of being with one another in a Peaceable Assembly, to freely Express the nature of their Being, their shared beliefs of living in peace on a common ground together, under specific agreements to promote the common good and the general welfare of the people assembled [see rules for entry to Rainbow Valley and Gideon Israel deposition].

As part of Trustee Gideon's personal religious belief that the People need to have a place to freely express themselves, Rainbow Valley has become a Sanctuary for those with little or no other acceptable place or opportunity to Express themselves, to Redress Grievances; i.e., Rainbow Valley becomes a Forum for Soapboxes, upon which those with little or no other recourse for Expression, may come under the agreements for entry of Rainbow Valley, may in fact, Express their Truths, their Grievance, their cultural liberties.

Recently, some persons came to Gideon and asked to hold a "Rave," which is an exercise in Expression, wherein persons who freely associate express themselves, through Music and dance and association; express their shared belief of transforming society through these Raves.

In accordance with the Agreements for entry to Rainbow Valley , these Ravers made agreements to Respect the Peace Gathering Ways of Rainbow Valley and to give a donation to the cause of defending the exercise of religious liberties (as stated on public invitations to Rainbow Valley). This is in accordance with other activities also taking place at Rainbow Valley.

Wounded Earth Environmental Project (W.E.E.P.) co-sponsors the Earth Restoration Faire at Rainbow Valley, first weekend of August each year, since 1994. W.E.E.P. volunteers approached Gideon Israel and asked if their right of expression could be exercised in the Sanctuary that Rainbow Valley offers, as a forum for Expressions of Peace. Gideon agreed.

In many ways, each event at Rainbow Valley and each event that Gideon sponsors, in previous years and now, has had a consistent guiding principle, which is also a major principle of Gideon's own creed and the free exercise thereof -- the Principle of Peace Gathering; a common ground open in Peace to all people.

Compelling Governmental Interest. It is a compelling governmental Interest that there be places, sanctuaries, forums for truth, open places for "Soapboxes," established for the People. It is in the governmental interest that such places be open for the People/Citizens to Peaceable Assemble to Exercise their Rights of Religion and Political Expression.

It is a compelling governemental interest to weigh the balance of thousands and thousands of persons coming together in Peaceable Assembly as verses the disturbance of a few individual citizens who are adversely affected by the presence of those same thousands and thousands of people, in Peaceable Assembly.

Plaintiffs In and through out these documents and in my personal witness, there is sufficient legal grounds for Barry Adams and Gideon Israel to file a claim for Judicial Relief under R.F.R.A., by which their associates , other of Common Creed--recognizable minority, and Gatherers are likewise protected. The Government, in 36 CFR 251 and 261, already recognizes the Rainbow Family and their Gatherings as "a Religious or Spiritual Group." Also, by their introduction of the article in the Encyclopedia of American Religions as evidence against me, they gave their recognition of this in Federal Court in 1988. In the Case of Rainbow Valley and Gideon Israel, prior rulings have confirmed and protected his right to religious practice, in Thurston County Washington, and in Federal Court in Arizona. [see Ninth Circuit Rastafarian Ruling, rulings in cases against Gideon Israel, and Gideon Israel deposition.] Gideon Israel has been a Constant Defendant for Civil Liberties, Free Exercise of Religion, Right to Peaceably Assemble for Purposes of Expression, and Redress of Grievances. [See U.S. vs. Gideon Israel].

Barry Adams has been a Constant Defendant for Civil Liberties, Free Exercise of Religion, Right to Peaceably Assemble for Purposes of Expression, and Redress of Grievances [see U.S. vs. Barry Adams (U.S. vs. Rainbow Family)].

Gideon has two cases where Judges have upheld Religious Use Defense in Thurston County, Washington; plus, Gideon claimed Religious Use Defense in U.S. vs. Israel.

Gideon and Rainbow Valley are currently faced with an Unconstitutional County Noise Ordinance, and the County has engaged in possible collusion and openly stated "emphasis" (selective enforcement) against Rainbow Valley and Gideon personally. A system of "generally applicable laws" is being used against Rainbow Valley to try to stop "Peace Gatherings" at Rainbow Valley. If successful, this will deprive Wounded Earth Environmental Project (W.E.E.P.) of a place to have the Earth Restoration Faires; currently, Sue and I co-sponsor these with Gideon at Rainbow Valley. This would take away our opportunity to have a soapbox on private land for free expression for Restoring the Earth.

If an injunction against the Rainbow Family happens in Florida, and applies elsewhere in the United States, it is possible that I, because I am a listed/known person of the Rainbow, could be prevented from travelling from where I am toward any Public Lands; this could be construed as possible conspiracy to violate a Judge's Orders. This would take away our opportunity to have a soapbox for free expression on Public Lands. Between the Local and State attack on Rainbow Valley, and the Federal attack on the Gatherings, we are left with little or no other places of opportunity for a Soapbox for our Expression of views, and our Expression through Gathering. We, myself and Gideon, would then be effectively shut out of any place to exercise our First Amendment activities.

Therefore, I am going to co-file with Gideon in an injunction to enjoin the Thurston County officials from violating the free exercise of our Religious/Political Liberties. We foresee similar injunctions to enjoin the State of Washington from enforcing its Outdoor Mass Gatherings Laws; and to enjoin the USDA Forest Service from enforcing its Group Use Regulations, as applied to myself and Gideon Israel.

-------------------------------------------------------------------------------- Therefore, I/WE, as common PLAINTIFFS call for JUDICIAL RELIEF, under R.F.R.A.; FOR RIGHTS TO PEACEABLY ASSEMBLE, RIGHTS TO FREE EXERCISE OF RELIGION, INCLUDING MARIJUANA AS SACRAMENT. We Maintain and Propose the following points for Solution of Conflicts:

Reasonable Compliance -- Operations Plan Agreements that meet and/or exceed the applicable County, State and Federal Health and Safety Standards.

Least Restrictive Means -- Voluntary compliance through the Operations Plan Agreement allows maximum autonomy and self-reliance for the People, while allowing the government to ensure that all health, safety, and environmental goals are met; these are mutually agreed upon by Government and Family. A voluntary relationship also fosters a cooperative attitude that is invaluable in the event of an actual emergency. Moreover, granting maximum autonomy encourages self-reliance rather than dependence, welfare, etc.

Compelling Governmental Interest -- (a) Peaceable Assemblies are in the governmental interest because they encourage Peace and "domestic tranquility" by providing a uniquely inclusive common ground within our diverse society, fostering appreciation of differences. (b) It is very costly to wage all out war against the Rainbow Family, against People of our CREED and Culture. It is very costly to maintain a Police State on the Threshold of Our Peaceable Assemblies. The Government could have "Peace with Honor" in the War on Drugs (which is, to a great extent, a War against People of our Creed and Culture) by finally recognizing the legitimacy of our cultural practices; ie, by honoring the Religious Freedom Restoration Act of 1993, and by not violating the Establishment Clause of the First Amendment of the Constitution.

Also, it must be noted that Our Gatherings took place on Public Land, before there was a Permit, or a Regulation authorizing or not authorizing the Peaceable Assembly on Public Lands for Purposes of Expression; excepting the U.S. Constitution, First Amendment. When the Regulation was finally issued, in June 1984, Rainbow Style Gatherings set the tone and mood, for the regulation. The regulation is tailored directly to answer to Our Style of Gatherings. Our Style of Gatherings should have some protection because of "Grandfather or Grandmother Clause." We, Rainbow People and Myself, Gather in a particular Style which is unique in its inception and Our Style of Gathering (our free exercise) is as much in need of being protected as is Our mere Right to Gather.

It is time for our RECOGNIZABLE MINORITY to obtain CIVIL RIGHTS.


Help Wanted Please help. We need to have several cases researched. We are working on them ourselves, as quickly as possible...all help is appreciated in love, peace, justice...especially any info on the following: Native American Religious Freedom Act of 1979 -- The current Regs. apply to Native American People going onto National Forest land for Spiritual expression.

Irish War League v. Gay, Lesbian, and Bi-Sexual Alliance of Boston, Supreme Court, June 1995; addresses Right to exclude dissimilar views from a Soapbox, right of Free Expression.

Case in Philadelphia (?) about Nuns in Church being too Loud...

Case of person who won right to be in Public Library, even if he/she smelled bad to others.

Any cases related to Religious Freedom Restoration Act of 1993 and any quotes from leading public persons, like Dole, Gingrich, etc., concerning R.F.R.A.

Additional info on "CREED"-- basis for a case on CREED...we have a commonly held belief....of Peaceable Assembly etc.

Anything on becoming a recognizable minority, attaining minority status; which, under Civil Rights Laws, includes race, color, creed -- any civil rights statements to this effect, or Court cases.

Gideon and I spoke to U.S. Attorney Reginald Luster, in Florida, he said that Thursday, March 8th, is when the Injunction will be instated. Gideon and I are writing a personal note to Reginald Luster, and specify in the note, a request for him to drop the complaint based on Constitutional Grounds. We are also sending a Complaint to the U.S. Department of Justice, Janet Reno's office, asking for an investigation of the Forest Service, et. al., for "Prosecutorial Misconduct" and "Selective Enforcement."

We are not planning on filing against the Govt in Florida at this time. My understanding is that there will be a default judgement which can be vacated later.

The Government knows full well that we will Gather somewhere this Summer. We will Swarm. Forest Service know if they come to Our Council, in the Full Light of Day, July 1-7, on the Land, Rainbow Family Tribal Council will be there, and will work it out with them., in Peace, as we have done each year for nearly 25 years.

The Nez Perce people, felt strongly, some hundred years ago, that they must Walk, Flee to Freedom, to a Free Home, among their People in Canada. They left their "reservation" in Washington and Walked and Struggled for many days. Their story, their saga has been told many times. Finally, after having been murdered and chased for days and days, Chiefs Joseph surrendered in a memorial speech: "I will fight no more forever..," others fled to Canada to the Free Home, to Freedom.

Rosa Parks, in Memphis Tennessee, decided she "would not be moved," and neither would/were the many persons of all colors and creeds who walked together into places like Selma, or Little Rock, in the 1960's [see: Brown vs. Board of Education]. Like them, we are forced to become "Freedom Riders;" because Freedom isn't just another word for nothing left to lose (Janis Joplin).

All through the ages, People have had to learn to stand up and Exercise their Freedoms. I know that Our People, as on the Day of fire in Wyoming in 1994, and other days of blockade and Police State Tactics, will Gather in Peace Ways. In times when Our People have been murdered, like Jesus, Nancy and Vicki (West Virginia, 1980), and Domminick Moya (West Virginia 1990), and the thousands who have been busted or are being busted, for Gathering, and the practice of Our Religious/cultural/creed beliefs -- we have always Gathered, in Peace, with Love and Justice for All -- see you there.

We will put any and all information out on the Net for all folks to see. This injunction and subsequent infringement on my free exercise of my inalienable right to Come Home and Gather, is substantially burdening my First Amendment Freedoms. However, I know, I believe, that Our People, will Gather, will Swarm, will come Home, in the Ozarks or somewhere near; somewhere Over the Rainbow, somewhere on this side of the Police Threshold, until We, Our People have Gathered in Peace, over the Fourth of July. I know we will hold hands in Silence on the Fourth of July and be glad. I know we have the Right to Be and to Practice our Beliefs.

I would like to say that there may be some inadvertant inaccuracies in this document. Anyone who has better or different information please send to our Net addresss, at Rainbow Valley , when we shift we will notify, if possible our next net ads. or Box 8574, Missoula, Mt. 59807, to me or W.E.E. P. I will be at this Net ads. until March 19, 1996 -- Thanks.

Love you all, We are proceeding to get together on St.Patrick's Day, March 17, 1996... to "tame the snakes of America"...for Prayer and Deliberation...in a Circle of Peace....please join us wherever you are ...or show up..if there is 75 people who show , we will go to the National Forest to be and read the Regulation, and see if there is any room for our Style of Gathering. LET'S GET TO GATHER AND IT WILL BE ALRIGHT!

- thanks, for now... BeaPlunker and Sue, Rainbow Valley folks etc. Harriet Tubman Lives.


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