United States v. William James Bichsel

Because the indoor posting of applicable federal regulations was inconspicuous to visitors outside the United States courthouse in Tacoma (“the courthouse”), we must reach an issue of first impression: whether actual notice is sufficient to meet the conspicuous posting requirement of 40 U.S.C. § 1315 for the enforcement of 41 C.F.R. § 102-74.385 , failure to comply with the lawful order of a federal police officer. We hold that actual notice is fair and adequate notice, and affirm Father William Bichsel’s (“Father Bichsel”) conviction under the regulation.

I. BACKGROUND

Father Bichsel, a Jesuit priest, chained himself to the doors of the courthouse on March 19, 2003, in protest of the impending Iraq war. Father Bichsel came to the courthouse with nineteen members of the Catholic community, who engaged in a prayer vigil and represented Iraqi women holding children. Father Bichsel felt that he and his fellow protesters “were doing a citizens’ arrest of the United States government.”

Federal Protective Service (“FPS”) officer Richard Reilley (“Officer Reilley”), dressed in full uniform with a badge and the insignia of the FPS, approached Father Bichsel at approximately 6:30 a.m.…