It started out hopefully, in the legacy of past cooperations with autonomous-thinking Forest Service folks in the Northwest.
PCU•Free Assembly Project pushed the tough issues in early June:
• AN AUDACIOUS APPEAL: On 6/8/17 a formal policy critique and demand was conveyed to the Regional Forester (R-6) — calling upon him to desist from the customary Delegation of Authority, and disempower the ‘Incident Command’ regime for the 2017 Rainbow Gathering in Oregon:
“We believe the course of USFS policy toward expressive assembly must change now:
This is a critical step, fitting to be taken in Region VI, with its legacy of independent thinking and responsible care for National Forest lands. This appeal provides a hard-won analysis of failed ‘Incident’ policies, with corroboration from good-faith foresters who have dealt with them.”
Oregon 2017 ~ Ending the ‘Incident’ Regime, 8jn17
Unfortunately the Regional Forester didn’t see it that way… the IC Team was ready when the site was consensed at Spring Counsel, and took over right away. Then the copshows commenced on the roads, with targeted stops, searches & takedowns on early workers arriving to build the gathering — and the usual mandatory appearances at the ‘Trailer Court” trucked in for these 1st Amendment prosecutions.
• THE ALTERNATIVE PERMIT ALTERNATIVE: In 2010 the FS gave up seeking a signed permit for the Rainbow Gathering in PA, and went to ‘Operating Plans’ as gatherers had long advised. This has been seen as a sign of progress, enabling better cooperation, and it was expected to continue this year. Scouts and early gatherers tried to work with Foresters to that end, but when the site was consensed on June 15, they were confronted with a demand to sign a ‘Group Use Permit’… whoever was there, reportedly they refused. Then the IC honchos came up with something different:
~ “2017 resource design criteria for peaceable assembly and expression of free speech” (13 pp.)
~ “Design Criteria Map” (1 pg.)
The ‘Design Criteria’ included familiar stuff from OpPlans, but with more details & diffuse obligations, and requiring a “Responsible Party” to sign… in other words, it was a Contract — with fancy words to make the gathering act like a ‘Group’ (again). The terms were variously reasonable, vague, or untenable; provisions for communications and problem-solving were weak, and none assured mutual performance or transparency.
As a practical matter, no one would sensibly sign such a deal… and of course in a public assembly with no ‘agent’ powers, no one could legally do so. 18 U.S.C 1001. On 6/22/17 this document was presented to gatherers on-site, demanding a signer… no one would do it. It took effect that day anyway, a one-sided ‘agreement’ from the get-go.
On this basis the 2017 Rainbow Gathering was deemed “unauthorized” by Incident Command officials, and this was made FS policy by default. Thenceforth their propaganda kept hammering this epithet, and they would find ways to exact retribution for non-compliance.
• GUVMINT DISINFORMATION: The Feds’ public relations apparatus kicked into high gear the day the site was announced. The low point was the official statement issued the day after an LEO shot a family dog next to their RV in the parking lot on 6/27, within a few feet of small children… of course they lied about it, blaming the dog, contrary to witness accounts.
Here are all the press releases, compiled for the record and easy download by an able volunteer (thanks DM):
USFS/IC News Releases & Updates
• BAD PRESS: The ‘Blue Mountan Eagle’ of John Day, OR covered the gathering as it unfolded, pandering to USFS propaganda and peddling fear & hostility to the locals. The weekly edition on 6/28 was especially incendiary, linking the gathering to criminal conduct, social deviance, and environmental damage. This editorial letter was sent in response, and was published on 7/19/17:
‘Rainbow’ Reportage & Editorial, 6/28/2017
• NEW WATER WARS: On 7/15 the report came by phone on the road that LEO’s had confiscated waterlines on the gathering site the day before… with scant information at that point, the next day we posted a brief news flash to forums of concern:
News from the Front (16jy17)
On further inquiry we learned that the Oregon Water Resources Dept. had sent a letter to Malheur NF and “Rainbow Family Gathering Participants” on 7/3, personally naming 4 “Scouts”: It alleged an unauthorized use of Elliot Spring, and advised on remedial options, including enforcement action with possible criminal or civil penalties if the lines were not removed by 7/10.
It was later confirmed that this state agency letter was prepared and presented at the behest/instigation of Incident Command… here it is:
Re: “Rainbow Family Gathering Domestic Water Use” (7/3/17)
Reportedly LEO’s ‘served’ one copy of this letter at Info on 7/7, and the Elliot Spring taps were pulled the next day in compliance… yet on 7/14 Fed crews snuck in the back way and took out downstream waterlines for the cleanup kitchen, and some in unrelated areas, already disconnected.
Region VI LEI acknowledges that they are holding PVC pipe from the Rainbow Gathering as “evidence” of the alleged violation. Curiously these officials gave no notice of such violation when they inspected the water systems on 6/23, and the letter states: “At the time staff observed the unauthorized use, no injury to other water rights holders was apparent.” This will be interesting later on.
More to come…