September 9, 2003

To: Lynn Bidlack, Special Use Administrator
USFS Intermountain Region
324 25th Street
Ogden, Utah 84401
F)c 801-625-5378

Dear Permit Administrator Bidlack:

This is formal notice of noncompliance with the terms and conditions of the June 17, 2003 permit issued to me for Expressive Activity and Meditation For Peace, on the Evanston Ranger District of the Wasatch-Cache National Forest.

The Constitution of the United States, the Regulations of the United States Forest Service and the Laws of the State of Utah all require Federal officers to comply with the applicable provisions referenced in these documents. It is a matter of First Amendment jurisprudence for the public body administering a permit to behave in a lawful manner. Violations of law, constitutional or statutory or regulatory constitute a breach of the permit conditions.

During the valid operating period of my Permit, there occurred numerous Incidents of Violation by different Federal officers. These violations are described in more detail in the enclosed Summary of Violations and appended Statements.

Because these are past events, there is no immediate remedy available. However to prevent noncompliance in future events, you should discuss the violations with the relevant officers' superiors and develop more effective operating procedures in order best to eliminate future violations.

This material is intended by me for you to include and make part of the Final Report you prepare to document the Permit. It is my expectation all other personal complaints or appreciations you receive from anyone attending be part of the Permit record as well.

Constitutional Violations

1. Angel Gorshang, medical profession student from Oklahoma. Incident of July I st. Driving into the Gathering, stopped for no reason on FS Road 52 by USFS Special Agents. Four additional police vehicles including one k-9 unit arrived. She is told there is marijuana in the car, that they could smell it on her, and they forced her and her passenger out of the vehicle. They searched through all her belongings, tossing items hither and yon. She does not use any illegal substances and there was no marijuana in any of her belongings. She was detained for approximately two hours and left to repack her belongings many of which were soiled or otherwise molested. This is a First Amendment violation (being singled out, "profiled" for being enroute toward an expressive event) and a Fourth Amendment violation (to be "secure in their persons, houses, papers, and effects against unreasonable searches and seizures.")

2. Pete Staker. Ticket # F2146871. June 15 through June 17. Backpack with all his possessions (sleeping gear, clothes) seized and searched for no other reason than a claim it was near an "unattended fire." First Amendment violation and Fourth Amendment violation.

3.Travis Parker. Incident of June 19. Coerced into having his person and belongings searched by USFS Special Agents, through the use of unconstitutional threats; such as 'We will arrest you if you do not consent." This intimidation took place in front of a number of people at the bakery area. Ticket # F2146873. Violation of First and Fourth Amendments.

4. Patrick Thompson. Ticket # F2143661. Incident of June 28. Ticketing for allowing media access to the site during Road Closure. For denying media access, and for targeting a volunteer parking for the event this is a violation of the First Amendment Freedom of the Press, and the First Amendment right of Association. (Officer Oates)

5. Robert Bernhardt. Incident of June 22. USFS Special Agents confiscation and destruction of eagle feather. Appropriate and current identification of the individual as a lawful member of a tribe, permitted to possess such religious items was presented to officers. Officers were without any reason to stop and detain individual (violation of First and Fourth Amendment rights) and, without any just cause, further violated his Native American Religious Rights.

6. Karen Von Knoblauch. Incident of June 25. Charged with the crime of "Intentionally Interfering" for doing nothing more than asking a USFS Law Enforcement Officer (Officer Oates) why he was giving a ticket to someone for dog-off-leash when the person's dog was actually on leash. (You and I both witnessed this ticketing, and her lengthy detention at the side of the Officer Oates' vehicle). Ticket# F21 43653. Violation of Fifth Amendment Right of due process of law.

7. On the Fourth of July, a "color guard" of mounted officers rode into the meditation meadow, prominently waving a flag mounted on one of the horses, and proceeded to ride around the main circle in rodeo-style ceremony, commanding everyone's attention. Many participants found this an extremely disturbing, disruptive, high-visibility intrusive Violation of their Rights of Religious Freedom and Association. There was no enforcement purpose served. This was purely and solely a demonstrative display of political expression, The Administrator of a Permit has not the right nor the authority to inject the expression of its view through public display into any people's permit. Nothing in law allows for the public body to inject its views at any citizen event. Also, the high visibility of weapons during the mounted patrol's display (the only display of weapons during the entire July Fourth Circle) stands as a counte-statement to the Meditation for Peace.

Statutory/Regulatory Violations

1. James Burum 11, Sarah Stevens. Incident of July 5. Destruction of authorized bridge by USFS Special Agent. Observers asking him about his destructive conduct were insulted with foul language and unlawfully threatened with ticketing and arrest. Unacceptable rude behavior, and Violation of forest management rules concerning valuable recreational resources. (Officer Boerman)

2. At least Eighteen separate incidents of mounted officer unit's horses defecating and urinating in and around food preparation/serving areas, and children's play areas were reported to me personally. Violation of Utah State Camping Regulations, Summit County Health Regulations, and Violation of Operating Plan, Resource Protection Section, Paragraph 7, and Health and Safety Section, Paragraph I b.

3. Foremost among violations of the permit process was the manner the Operating Plan was handled. We were in agreement by letter and at the May 8 meeting - the videotape of which I submitted with my application - to have the Operating Plan developed and worked on with people on site attending. Instead you chose to prepare and enforce an Operating Plan unilaterally, contrary to specific agreement. This lies at the source of problems that occurred this year and which can only serve to undermine the success of this process in the future.

Violations of Professional Conduct

1. Numerous complaints were received concerning a certain USFS Special Agent Boerman who while on patrol would frequently voice the vilest gossip and slanders. These included that there were several known pedophiles at the gathering; that there were arrests of pedophiles at the gathering; that there were warrants already issued for arrests of pedophiles at the gathering, and that there was a sixteen-yea-old brutally gang raped at the gathering. None of which is at all true. This spewing of dis-information of a consistently sexual nature relating to children by an employee of the USFS is unacceptable.

This is the same officer named in Item I of the Statutory/ Regulatory Section above. Despite you having received verbal complaint about this officer's abusive, frightening remarks during the time of their occurrences onsite, Officer Boerman was not sanctioned, nor did he cease his unprofessional behavior. Please see Attachments A, B, C and D.

2. Regarding my July 2, 2003 Letter of Noncompliance Activities by Officer Oates: you took immediate action by forwarding that letter to Special Agent In Charge, Mr. David Ferrell. The Action he and his staff took to 'Walk Officer Oates with a superior officer for instructional purposes" successfully resolved the immediate concerns. This is a positive example of how communication and respect can be used when responding to difficulties. (See attachment E)

You have, however, further current remedial activity available:

i. The record of Noncompliance violations of my permit be reduced by expunging aff of this officer's citations, warnings and incident reports.

ii. The U.S. Attorney be requested by the appropriate Forest Service Officer, to dismiss all of Officer Oates' citations issued under my permit.

3, Brad Stone, EMT-B #001074418, Illinois. Incident of July 4, 2003. After an emergency evacuation of a very critical female, from the gathering site to an appointed location to meet an ambulance, he approached some Forest Service Law Enforcement Officers to inquire if they wanted to speak with him about the incident. This is normal procedure in his work to report to and with law enforcement, for exchange of information. Officer David Frasier proceeded to deliver a trade of insulting, threatening, and abusive behavior and language. Officer Tom Barton (?) overheard this and ordered Officer Frasier to cease this abuse, and return to his Forest Service vehicle.

1. Agent Boerman must be relieved of any further duties at any similar gatherings.

2. The mounted horse unit must be prohibited from patrolling similar gatherings,

3. Any complaints received by Special Use Permit Administrators in the future that are similar in nature to my letter of Noncompliance Activities of July 2, 2003 concerning Officer Oates be acted upon in the same responsible manner.

I have written statements from and/or have personally interviewed the complainants in every one of these instances. I have hearsay evidence of a number of other complaints, but they generally fall into the similar types of violations as those listed 'above.

I hope you and your able staff wiII see to it that the appropriate actions are taken, and the appropriate information conveyed to relieve all these types of problems completely in the future.