Park Police turn blind eye to illegal sleepovers

It is against federal regulations to sleep in National Capital Parks like McPherson Square and Freedom Plaza, but the U.S. Park Police is turning a blind eye to the protesters sleeping there.

36 CFR 7.96(i) reads:

Camping. (1) Camping is defined as the use of park land for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Camping is permitted only in areas designated by the Superintendent, who may establish limitations of time allowed for camping in any public campground. Upon the posting of such limitations in the campground, no person shall camp for a period longer than that specified for the particular campground.

The National Park Service National Capitol Region Office has confirmed that McPherson Square has not been designated as a camping area. It is obvious to any nighttime or early-morning passer-by that the Occupy D.C. protesters are sleeping overnight in the tents pitched there. Yet the U.S. Park Police has done nothing to enforce the law.

The Freedom Plaza protesters may be on firmer ground. The Stop the Machine! protest group, referred to as the “October 6th coalition” by the National Park Service, had secured a permit to use Freedom Plaza on October 6th long before the Occupy movement began. After that group’s permit formally expired, the National Park Service entered into negotiations for an extension of their permit.

Earlier this week, NPS granted the October 6th group a permit extension for Freedom Plaza through December 31st. Protesters at Freedom Plaza must make room for other groups that already have permits to use Freedom Plaza, or have applications in the pipeline to get one. In addition, NPS agreed to allow tents on the plaza on the condition that they are open to inspection by Park Police on a 24-hour basis.

36 CFR 7.96(g) does seem to allow this discretion:

(vi) In connection with permitted demonstrations or special events, temporary structures may be erected for the purpose of symbolizing a message or meeting logistical needs such as first aid facilities, lost children areas or the provision of shelter for electrical and other sensitive equipment or displays. Temporary structures may not be used outside designated camping areas for living accommodation activities such as sleeping, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Temporary structures are permitted to the extent described above, provided prior notice has been given to the Regional Director, except that:
(A) Structures are not permitted on the White House sidewalk.
(B) All such temporary structures shall be erected in such a manner so as not to harm park resources unreasonably and shall be removed as soon as practicable after the conclusion of the permitted demonstration or special event.
(C) The Regional Director may impose reasonable restrictions upon the use of temporary structures in the interest of protecting the park areas involved, traffic and public safety considerations, and other legitimate park value concerns.
(D) Any structures utilized in a demonstration extending in duration beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and (B) of this section shall be capable of being removed upon 24 hours notice and the site restored, or, the structure shall be secured in such a fashion so as not to interfere unreasonably with use of the park area by other permittees authorized under this section.

It’s hard to see how much “prior notice” the October 6th group gave the Regional Director about their intention to set up camp in Freedom Plaza, but his office has agreed to allow the encampment. However, the National Park Service has confirmed that the permit for the use of Freedom Plaza does not extend to McPherson Square.

The U.S. Park Police did not respond to multiple requests for comment.

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