Gathering has "De Facto" Authorization

\\ FYI... elements of a de facto policy fix...
\\____________________________________________

X-Sender: peacetribes@wildrockies.org
To:
From: peacetribes@wildrockies.org
Subject: GATHERING HAS "DE FACTO AUTHORIZATION"
Date: Wed, 16 Jun 2004 22:32:10 -0600
Status:

Howdy -

ATTENDEE CLAIMS RAINBOW GATHERING HAS "DE FACTO AUTHORIZATION"

Barry Adams, aka "Plunker Longwind", brings attention to this
information concerning this year's 2004 Annual Rainbow Gathering of the Tribes'

On June 10, once "Spring Circle "consensus"" was reached, an immediate
communication, by a volunteer individual, via email, was sent to Tom
Contreras, with a list of 14 reasons why roads, on Site at Bearcat Flat,
Homestead Meadows, should be closed to vehicular traffic excepting for
handicapped re motorized wheelchairs, electric bikes, etc.. and 13 other
reasons - following this communique, a 15th reason re archeological reasons,
i.e. protection of indigenous/native tribal artifacts when (high impact)
vehicles are used within Gatherings etc... along with this Notification, was
a request to meet Friday Morning 9am, on Site, at Front Gate to discuss
these roads etc...

Just after 9 am, on Friday June 11th, Forest Service, including District
Ranger, Forest Supervisor, and Tom Contreras, plus other resource personnel
came to "Front Gate'... discussion of the 'road situation" took place. In
the end, after one individual indicated he and other attendees had " no
legal authority to close or restrict roads, this authority rests with the
Forest Service. After discussion and consultation amsong the Forest Service
present, (in separate circle), Forest Supervisor Stan Sylva, who spoke for
Forest Service, stated he could not, at that time, 'restrict or close any of
the suggested roads" - he went on to say "rest of his council were not there
yet, so he would have to wait and consult" indicating the incident Command
Team would be in on Monday following. At which point, District Ranger Edie
Asrow put in for sanctioning, approving, any "creative measures" that could
be taken, for the "time being', until at such time things could taken up and
decided Forest susprvisor Stan approved this 'temporary plan'. Adams asked
for this to be put in writing, which the Forest Service declined.

District Ranger Edie, when declining to put the "temporary road plan"
into writing, indicated she thought that Adams, others "did not like
paperwork".. meaning the 'permit issue".

At this point, Adams, speaking as an individual, (also someone who
volunteered to be a "contact" for this Gathering, in January 10th meeting in
San Francisco, as well in subsequent phone and meetings with Tom Contreras
etc.... this was accepted 'orally' i.e. Tom Contreras did not ask for a
written 'application" for Adams to be a 'contact' for this Year's Gathering,
Tom met with Adams) brought up the Court case he is still involved in, in
the 9th Circuit Court of Appeals, and stated:

"1. anyone who claims and/or acts to sign a 'permit for this Gathering
is committing a Federal crime under 36 CFR 251, 18 USC 1001... making false
or fiction statements to a Federal Officer
"2. anyone and/or any Federal official who acts and/or conspires to
contribute to this "fiction" is likewise held cupable...
"3. As an individual, I will personally sue any person who violates my
civil liberties by signing said permit... for Gathering I attend.

"I have said this in prior meeting at Alturas Ranger Station, with Tom
Contreras, other Forest Service personnel, along with Rainbow Jack, and
woman "Soda" (fair witness)."

"However, there is an option, which I request," Adams continued, "which
is, you work with Gatherers on emergency fire plans, evacuation,
environmental issues, and public health, AND IF FOREST SERVICE IS SATISFIED,
then, on July 1st, IN RESPECT, Forest Service, Stan, you could come and
deliver it... AND THEN, AS "VOLUNTEER TOWN CRIER" I will go around the
Gathering and say, "Hey folks, Forest Service gave this Gathering a "permit"
and folks will say, "who signed it?" and I wil say, "Forest Service did!'
and folks will go back to what they were doing. And there wil be Peace, at
least on this."

Forest Supervisor Stan said he would consider this. Then the
conversation moved back toward the ecological concerns and Notification of
local Tribal entities.

According to Jack Blackwell's letter of January 23rd, 2004, cc to Adams, it
states that ““All applications for noncommercial group uses shall be deemed
granted and an authorization shall be issued for those uses…unless
applications are denied within 48 hours of receipt.” The “48 hours”
limitation means calendar hours not working hours.”

IN EFFECT, ADAMS REQUESTED "ORALLY' FOR FOREST SERVICE AUTHORIZATION OF
THIS SITE AND GATHERING, AS AN INDIVIDUAL (AND AS A RECOGNIZED "CONTACT").
SINCE NO SUCH DENIAL OF SAID "ORAL" APPLICATION HAS BEEN ISSUED EITHER
'ORALLY" OR IN WRITING TO ADAMS, NOT AT ANY OF HIS ADDRESSES, PHONES,
CONTACTS AND/OR IN ANYWAY PUBLICLY BY FOREST SERVICE, THEN TECHNICALLY
GATHERING HAS A DE FACTO AUTHORIZATION DUE TO LACK OF DENIAL OF ADAMS'
REQUEST....


Barry Adams, aka plunker longwind
~~~~Restore the Earth! Restore the People! ~~~~