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Open Letter Questioning USFS On Arkansas Rainbow Gathering

Posted by jeremiasx on June 25, 2007

An Open Letter To Denise Ottaviano, Public Relations Official for the National Forestry Service Currently Working on the Rainbow Family Gathering in Fallsville, AR

Ms. Ottaviano,

Thank you for returning my call earlier, I wasn’t expecting such a quick response. Sorry I didn’t have all my questions right in front of me, but my little boy was hungry and I needed to get him some “vittles.” I was also having a hard time understanding you because once we started talking about constitutional questions, the line kept beeping and screeching like there was some sort of interference of some kind.

I have those questions for you now, though.

  1. You responded to an interview by the Harrison Daily Times with a statement that part of the concern was if law enforcement officials were under surveillance. Would you elaborate on that issue? Have there been any attempts to videotape or establish surveillance on the police and forestry service that have broken some type of law? If so, what is the law that prevents public scrutiny of official duties conducting their business in a public place?

Denise Ottaviano, U.S. Forest Service information officer out of Albuquerque, N.M., spoke to the Daily Times from Fort Smith where she is stationed during the Rainbow gathering.
She said Rainbow events often attract as many as 10,000 to 25,000 members from all parts of the country.
Those members can have “a large impact” on the forest and surrounding communities, she said. So, the Forest Service developed the National Incident Management Team (NIMT) to “manage the impacts of Rainbow Family national gatherings,” a press release said.
Ottaviano said officers come from all over the country to follow Rainbow Family gatherings.
Drivers in the area are stopped often, especially ones who drive on or off the Forest Service road that leads the two miles to the main camping area.
Drivers who ask why they were stopped are told that officers are making sure everything is all right and to make sure law enforcement officers aren’t under surveillance themselves.

2. Are you aware that a camp host in the Ozark campground (upriver from Hasty) died last week and that it took roughly a week for park rangers to discover his body, which was reportedly in such a state of putrefaction that the cause of death hasn’t been immediately determined, thus complicating an investigation of a mortality…and that there could be a rationale for the public to assume that park officials are focusing so much attention on the Rainbow Festival that they aren’t able to conduct their usual duties in a timely, responsive manner? The increase in calls which had to be responded by Newton County Deputies at Hasty and Kyle’s Landing instead of Forestry Service officials seems to be another indicator of this trend. What is your response to those who say that these enforcement actions surrounding the Rainbow gathering are detracting from their responsibilities to the public in other park areas?

3.You have stated that the rangers at the roadblocks are conducting vehicle inspections for compliance with state motor vehicle codes, and that this includes a check for drivers license, registration, and proof of insurance. Reports are that the roadblock is off of the highway, and not in plain view of approaching motorists who turn onto the FS road. This could possibly violate earlier rulings by the Arkansas State Supreme court and other courts which have contended that roadblocks which cause “fear and surprise” to motorists may not be constitutional or acceptable. What is your contention on this issue? Here is some info on how the court has previously ruled and I have bolded the relevant information, such as the “three-pronged test” I alluded to over the telephone. You said you hadn’t heard of it. While quite unfortunate, that doesn’t surprise me..

(Source: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=8th&navby=

case&no=964041p)

  Roadblock stops constitute "seizures" under the Fourth
Amendment. See United States v. Martinez-Fuerte, 428 U.S. 553
 (1976); see also Michigan Dep't of State Police v. Sitz, 496
 U.S. 444 (1990).  The question, then, is whether the Benton
 County checkpoint stops were "unreasonable."
                         A.  
Sobriety checkpoints are reasonable under the Fourth Amendment
if, on balance, they maintain a proper equipoise between: (1)
the gravity of the public concern; (2) the degree to which the
public interest is advanced; and (3) the severity of interfer-
ence with individual liberty. See Id. (citing Brown v. Texas,
443 U.S. 47,         51 A checkpoint's subjective intrusion
lies in the perception that a checkpoint may generate fear or
public concern.  Id.; see also Sitz, 444 U.S. at 452 ("The
fear and surprise to be considered are...the fear and surprise
engendered in law-abiding motorists by the nature of the stop."
)(5) This fear is heightened, if motorists perceive they are
being singled out by random, roving, patrol stops. See Martinez
-Fuerte, 428 U.S. at 559. The fear is, correspondingly,
decreased if the stops are conducted in a "regularized manner,"
which "both appear[s] to and actually involve[s] less
discretionary enforcement activity." Id. When, as here, the
approaching motorist can see "visible signs of the officers' authority" and all traffic being stopped, the public is
"much less likely to be frightened or annoyed by the intrusion."
United States v. Ortiz,
422 U.S. 891
, 894-95.
Photo Sharing and Video Hosting at Photobucket

(this is an aerial map of the turn-off to the Fallsville Gathering Site, and the location of where the roadblock was reported to be, just around a bend and not really VISIBLE to approaching motorists…maybe you should change this?)

Well, I hope that isn’t too much to throw on your plate right away…thanks for your help. You also asked me to supply you with my blog address…now Denise…I hope you realize that my blog isn’t overly sympathetic to the government’s authority because I am a Constitutionalist and I believe that in many ways the federal government and state governments have FAR exceeded their Constitutional mandate. The level of privacy erosion, the loss of individual liberty, and the progression towards an authoritarian state are issues that I report upon regularly. Don’t take this personal. Most government employees are GREAT PEOPLE and if they did a little more research into issues regarding THE SPIRIT AND ESSENCE of liberty and the Constitution in particular I think they’d be better off. So, in essence, that’s why I write. To illuminate, elucidate, inform, and infuriate people into action. I hope you’ll take action personally to make sure that “We the People” win here. I’m not on “your side.” I’m not on “their side.” I’m on OUR side.

Jeremias X

Views From Within: A WordPress Blog

Editor-In-Chief

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20 Responses to “Open Letter Questioning USFS On Arkansas Rainbow Gathering”

  1. jeremiasx said

    Well it’s been a day or two and still no response from the USFS. I guess they don’t care to comment.

  2. Major Malfunction said

    there is a White Slave Market at the rainbow gatherings (white slave as in prostute with a pimp)
    The feds want this market shut down
    So to shut down the market they are truning the Gatherings in to a police state the idea is that if the gatherings are shut down the slave market at the gatherings will also be shut down

  3. hank said

    who can help ?
    i need to ask a legal question ;
    if we can make a citizen`s arrest against an officer for breaking the
    law
    and
    a search without cause is against the law ,
    can we not LAWFULLY conduct a citizen`s arrest against any law officer
    we see conducting an illegal search ??????????

  4. scott said

    shut up you fucking stupid hippies. this would not be an issue if your dumb asses did not make such a shit everywhere you went. we need to exterminate you dumbasses while we got you all in one place.

  5. jeremiasx said

    Major: I’ve never heard of any type of slave market operating through the Rainbow Family…this isn’t Boys Town, after all.

    Hank: I’d suggest you ask a real lawyer. I only play one on my blog. I’ll look into it though.

    Scott: You voted for Bush TWICE, didn’t you?

  6. abin said

    Slave market what a laugh.Ive been going to gatherings since 1979.Go and see for yourself scott.Also for a good defense Rainbow gatherings has been removing latter fuels from the forest.At least two sites Montana and Arizona had fires the year after gatherings and the latter fuel reduction prevented wild fires.So the everone attending the festval are working for the good of the forests.And that would cost the forest sevice alot of money to accomplish.

  7. Kimberly said

    It breaks my heart to read Scott’s comments here (extermination?!)and on the other thread where he mentioned “no one wants you anywhere you go”. Scott, I am from Arkansas. I have an education and a job. My family fishes and hunts and enjoys the outdoors across the state. I am choosing to attend the gathering to be among people who value love and simplicty.

    I value my fellow human beings – the ones who seldom shower and the ones who charge up small fortunes at bath and bodyworks, the ones who work three jobs to support their families and the ones who choose to travel and live off of the kindness of others, the ones who speak blessings and the ones who speak cursings. We were all created by One, and we are commanded to “Love the Lord your God with all of your heart, soul, mind and strength and love your neighbor as yourself.”

    So, this “fucking stupid hippy” loves you Scott. And I think if you gave other people at the gathering a chance, they would say the same thing. Or, maybe you should begin by setting the example yourself.

  8. Randy said

    Well, I live near the rainbow deal here in Newton Co. Ive picked up several hitch hikers and gave them rides as close as i dare to the law dogs who are messing with these peaseful people. Im sure that when you get this many people in a wooded small place there will be a few bad apples but i ask the park service to go to any campground and treat the people like they are the rainbows and they will find a little weed, drugs and crime. Myself.. Im a disabled vetren like many here who choose Newton co arkansas to get away from this kind of police statestuff. I say more power to you all and God bless you all. I picked several of my garden things to feed my brothers and sisters like the good book says. My great grandad homesteded thid county and ive lived her over twenty years. In 1972 the park took the buffalo river for very cheep price. When they took it for the greater good they also took ALOT of money because THEY dont pay school tax ect. Our schools dont get to be as good because of them not paying like it was before they took generations of history from our land. I love my country as a vet but our goverment sucks. PLEASE vote for anyone but these crooks we have now.Our country is in a mess now and your vote will make it change. Please vote!

  9. april said

    The rumor about prostitution in rainbow gatherings is a stupid thing to say, there is no exchange of moneys in a gathering…therefore no prostitution.
    Scott…do u even hear yourself? Education…get one. You obviously need some psychiatric assistance also, only someone with something very wrong would say such hateful things about a group of people that has and probably never will do anything to harm. Shame on you.
    Hank…I am a law student…and no you cannot do a citizens arrest on an officer…it’s likely to get you hurt. Please take your complaint to the local departments and ask for grievance paperwork for grievances against officers. If they tell you they don’t exist, inform them that, as a citizen you have a right to make a compaint and or grievance against anyone who has violated your constitutional rights, and they must take it the same as a police report, not only can you do that but if you speak to a civil defense lawyer (they will not charge til you win) you can sue the officer or the station itself. If you can prove your constitutional rights were in fact violated. Good Luck.

  10. Videotape the police said

    there is a guy in new york who chases the cops with a video camera and catches them for all sorts of ridiculous violations.this guy is funny.

    http://www.youtube.com/profile?user=JimmyJustice4753

  11. Chere'e said

    Scott,
    and others who are ridicously heartless. There is nothing wrong with iving in a free world and exspecially hippies. WORLD PEACE live love and laugh often. Sorry some of you are so bitter in the heart you forgot how to do any of these. One day you will wish that you did. Peace out Rainbow Fest See you soon. I look forward to going:)

    Chere’e

  12. Brutus said

    Scott there is A LOT of HATE in your response. And that is EXACTLY what us “Dirty fucking Hippies” are not about! Even though my first response to your comments were to blast you, that gets us no closer to a solution to your hate so my next response is to LOVE you! Also Scott if you asked the USFS about how us fucking stupid hippies left the forest after we left you’d find out us dirty fucking hippies leave the forest in better shape the when we got there. We reseed the grass,plant trees, and haul out any and ALL trash. So Scott your facts are wrong wrong wrong. As a Family Believer I invite you to a Reginal or the next National and check it out for yourself. DON’T HATE SCOTT!!!!!

  13. Jacquilyn said

    Obviously the USFS Incident Command Team of Law Enforcement Officers and Scott both need to wash their dirty brains!

  14. dizzy said

    hey oh, I was @ the arkansas 2007 gathering. had a great time and a lot of good people ah… refreshing love and family. nothings perfect, but living with our environment as we have is s shame a trajedy and still a shame. stands to reason “we can only love ourselves as much, as we treat that which sustains us. the rainbow family is the best ground to foster, instill, and show by example… that there is NO ONE on less than ourselves theres a love chapter in the bible called the “love” chapters, 1 corinthians, chapter 13, verse 4. community means love kids !!!

  15. harold said

    Regarding these wonderful rainbow people, right now go to the Buffalo River by Harrison Arkansas. Thanks to them crapping everywhere, except for a toilet, the whole river has been shut down due to fecal matter in river. In all my years living here, never has there been more destruction.

  16. jeremiasx said

    Harold: That is a BALD FACED LIE sir. I LIVE HERE. I WORK THE BUFFALO. I went SWIMMING AT PRUITT last weekend! DOH! Sucks when a local shuts down your bullshit, huh?

  17. dizzy said

    harold, there is always going to be an impact onany environment where large people gather…you going tell me that new york city is a better example…

  18. Linda said

    Hi all,i waited 10 years to go to a Gathering. And i finally made it to the 2007 Arkansa one! It was the most Amazing thing i have ever expirenced in my entire life! I litreally felt the Earth move,there is no other way i can dicribe it. I am hopeing to make to next years National (wish me luck,brothers and sisters)! I have never been so moved before,and OMG! The drummers and music! Words cannot discribe either. Scotty….you need to come back to Mother Earth! Lovin You Brothers & Sisters* Welcome Home!

  19. Idetrorce said

    very interesting, but I don’t agree with you
    Idetrorce

  20. Anonymous said

    Hey, the whole thing was a witch hunt. I hate the impact the Rainbows had and despise the way the Forrest Service(LEO’s) acted. My suggestion, Rainbows, pay for porta potties and Forrest Service, Leave this peaceful group the fuck alone!

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