Monday, July 11, 2011

Is 36 CFR 7.96 quaint?

1. The 36CFR 7.96 regulations were written in 1986 with occasional minor amendments. to achieve two goals:
  a. the safety and protection of the President
  b. preserve the aesthetic value of the national landmark

The safety regulations should all be stricken. Although 9/11 changed almost everything, it did not change 36CFR7.96. Pennsylvania Avenue closure is not acknowledged. The availability of modern technology that provides real levels of security to Federal buildings is not acknowledged or contemplated.
The aesthetic regulations should be stricken to the extent that they are aimed at demonstrations; that is, at constitutionally protected activity.
An esthetic interest may provide a rational basis for the regulations, and while a rational basis may be enough to regulate commerce, it is not enough to stifle dissent.
2. The regulations have not been lessened to reflect the significant impact they have had on demonstrations. Among those stopped from demonstrating are US Representative Louis Gutierrez, Lt. Erin Watada, Cindy Sheehan, James Hansen, Pocohontos, VFP, WAT.
3. The regulations have grammatical errors:
(g)(1)(iv)      15th is now called East Executive or Madison
(g)(2)(i)       "or will not" should probably be "and will not"
(g)(4)(i)(F)    "inaugual" should be "inaugural"
(g)(5)(ix)(A)(3) "less" should be "fewer"
4. The regulations are not enforced as written.
  a. The "central portion" has been expanded to the lampposts, to 100 feet from 60.
  b. Wood, allowed by the regulations, is forbidden in practice
  c. Vinyl, forbidden in the regulations, is allowed in practice
  d. Tripods are deemed "structures"

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