United States v. Barry Adams

After a trial held before a Magistrate Judge, Barry Adams was convicted of using and occupying National Forest System land as part of a group of seventy-five or more persons without special-use authorization when such authorization is required, in violation of 36 C.F.R. § 261.10 (k). His misdemeanor conviction was affirmed by the district court. Adams now appeals, arguing that the conviction violated his First Amendment rights. We affirm.

I.

Adams is a participant in the Rainbow Family, “a loosely structured group of people who gather at least once a year on National Forest System land to pray for peace and discuss political and environmental issues.” United States v. Linick, 195 F.3d 538, 540 (9th Cir.1999). In July 2000, the Rainbow Family held a gathering in the Beaverhead National Forest in Montana.

Several months prior to this gathering, Adams contacted Forest Service Special Agent William Fox, the Incident Commander of the Forest Service National Team charged with managing Rainbow Family Gatherings. Adams informed Fox that he was organizing the 2000 gathering. Fox told Adams that Adams would need a noncommercial “group use” permit if the number of persons at the gathering…