Oct 10 2013
Prayer Is Your Ticket To Barrycaded Monuments, Cemeteries
I wrote this post days ago, and then hesitated because I did not want to give anyone bad advice and they pay a price with law enforcement. Please note: I am not telling anyone this is risk free or to even attempt it, but recent evnts in DC confirm some of my suspicions:
In downtown Washington, where the civil disobedience began with veterans bursting through barricades to get to the World War II Memorial, the Park Service has relented to some extent.
Although barricades still surround most of the site, there is an opening — figuratively and literally — that visitors can use to gain access through the gate commemorating the Pacific theater.
Rangers told visitors Wednesday that they could not deny entry to anyone who wanted to exercise First Amendment rights, and could not interrogate visitors, which effectively means the monument is open to those aware of the loophole.
“The First Amendment trumps all,” a Park Service ranger told visitors.
The exemption applies to monuments on the Mall, though visitors are not allowed inside the chambers of the Lincoln or Jefferson memorials because congregating there to exercise First Amendment rights is prohibited under Park Service regulations.
Original Post: One thing I noticed during Shutdown Theater was a bizarre exception to the Barrycades:
The caveat reads “Except for 1st Amendment Activities”.
The first amendment covers freedom of religion, free speech and assembly:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]
Therefore, I would bet if any person wanting to enter these closed off spaces and they claimed they are exercising their 1st Amendment rights, they must be allowed to enter. If challenged, I would not attempt to explain or defend this claim. If challenged, I would simply ask the Ranger or Policeman if they have any evidence or cause to doubt the claim. We are all assumed innocent until proven otherwise and they still require proof to arrest or cite.
Without cause or hard evidence to the contrary, the individual officer is at risk for violating constitutional rights, and I wager none of them are willing to risk their career for this.
Disclaimer: I am not a lawyer, nor do I play one on TV. This is just my opinion – not a promise it will work – and if you decided to try this I can only wish you luck.
BTW, LJStrata had a good suggestion for the police and rangers being used to make life miserable for Americans: Call in sick (and tired).
Heh. The only reason they put that on there is that they needed some fig leaf of a reason to explain why they were going to allow previously scheduled Democrat Party function to go on, unhindered, while they continued to hit WWII Veterans over the heads with billyclubs and kick old men’s canes out from under them.
bunch of fascist thugs, nothing more.
I would guess that the sign was posted by a true Constitutional patriot who happened to be employed by the very Government that they loath and found an ingenious way of “closing” the park and “following orders” but who in fact, gave every single visitor a perfect excuse to ignore the shutdown and just go damn use the park anyway! Brilliant! Thank you, silent, anonymous, patriotic Government employee! Though employed by Government, you also respect that you are in fact employed by the citizenry and are dutiful to the U.S. Constitution. Bravo! Keep up your vigilance and your ingenuity.
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