"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:
"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."
"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..."
"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."
"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."
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...
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.
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.
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:
"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.
.
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].
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.
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 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.
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:
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.
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.].
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.
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).
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)
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.
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:
Decision. The decision reads as follows [p. 7]:
"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]:
"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
"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."
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:
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.
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.
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.
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.
Forward
Former Chief Justice of the United States, Warren S. Burger
wrote of the Constitution 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."
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].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.U.S. v. Rainbow Family
(also U.S. v. Barry Adams, pro se; and U.S. v. Joseph Knecht, pro
se)Family, Culture, Creed
Here is included more detail and observations relating to our
creed; our beliefs, agreements, expressions, understandings, etc. On Marijuana as Sacrament (c.1972)
(The Lord gave us all the herbs of the Earth, All plants for our use,
Gen.)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 elsewhereIII. CREDO: Outline for Cultural Rights Claim
Discrimination Against Our "Recognizable Minority":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 "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.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.
(a) compelling governmental interest
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.
(b) least restrictive means
(c) reasonable compliance within the laws.
(d) alternative means of communicationNotes & 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].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.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. 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.
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 Rastafarian Decision
Jah Rasta Far I will lead the Way! February 2, 1996.
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:
"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."
"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}"
"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.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.
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].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.]
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.
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: