The following is a transcript of a court case that took place on December 30, 1998. Mr. Bob Bartsch, the defendant in this case, did not display an Adventure Pass while demonstrating against the program in the Angeles National Forest and received two citations. The prosecutor chose to drop the charges, but two important statements were made by the judge: 1) if you are exercising your first amendment rights, you don't need a pass, and 2) the program is discretionary. Emphasis within the transcript is added.
United State District Court
Central District of California
Los Angeles, California
| UNITED STATES OF AMERICA, | Case No. F 187610/CC67 |
| Plaintiff | F 135975 |
| vs. | |
| ROBERT W. BARTSCH, | Los Angeles, California |
| Defendant | December 30, 1998 |
CVB HEARING
THE HONORABLE ROSALYN M. CHAPMAN, PRESIDING
UNITED STATES MAGISTRATE JUDGE
TRANSCRIPTION BY:
LUTZ & COMPANY, INC.
100 WEST LEMON
Suite 103
Monrovia, California 91016
(626) 303-1113
Proceedings recorded by electronic sound recording,
transcript
produced by Federally Approved transcription service.
| APPEARANCES: | |
| FOR THE PLAINTIFF: | ALEJANDRO MAYORKAS |
| United States Attorney | |
| DAVID SCHEPER | |
| Assistant United States Attorney | |
| Chief, Criminal Division | |
| JOSEPH JOHNS | |
| Assistant United States Attorney | |
| 312 North Spring St. | |
| Los Angeles, CA 90012 | |
| (213) 894-3359 | |
| FOR THE DEFENDANT: | ROBERT W. BARTSCH |
| In Pro Per | |
| 449 Vista Ave. | |
| Pasadena, CA 91107 | |
| (626) 795-2642 |
PROCEEDINGS BEGIN
(Court is Called to Order)
THE CLERK: 187610. USA versus Robert W. Bartsch.
THE COURT: Yes. You seem to have acted as a matter of principle in this case, Mr. Bartsch, is that right? What is this fee We're talking about here?
DEFENDANT BARTSCH: This is the adventure pass. Are you acquainted with the adventure pass?
THE COURT: No. What is it?
DEFENDANT BARTSCH: It is a pilot program which Congress has just recently extended to the year 2004 to determine the willingness of the public to comply with the program.
THE COURT: Well, you're not willing, but what's it a pass for?
DEFENDANT BARTSCH: The pass is a recreational fee to be in a national forest.
THE COURT: I see.
DEFENDANT BARTSCH: And as this, when I received this citation, I was basically handing out information against the adventure pass, also gathering signatures on a petition against the adventure pass. And I was parked right across the street from the ranger station where the adventure passes are being sold.
THE COURT: Okay. And your position is that public parks are public parks. You should be able to get into them for free.
DEFENDANT BARTSCH: That's correct. And I was not recreating. So why should I pay a recreational fee?
THE COURT: Ah. And you were exercising your first amendment rights. And I'm assuming that's why you're dismissing the charges, Mr. Johns?
MR. JOHNS: That's correct, Your Honor.
THE COURT: Yes.
DEFENDANT BARTSCH: Now, there are two citations involved. Are you aware of that? There's a --
THE COURT: No.
DEFENDANT BARTSCH: -- second one --
THE COURT: We have something --
DEFENDANT BARTSCH: -- here, also.
THE COURT: -- called F 187610. Is there antoher citation as well?
DEFENDANT BARTSCH: I have another citation with me here that is basically the same charge worded a little bit differently. It's a parking violation, but it's -- I have a photograph here, and the citation, if you'd care to look at it.
THE COURT: Yes. Why don't we have, why don't we take -- we're going to go off the record on your case and Mr. Johns is going to look at it, and we'll come back to it in a few minutes. It may not be on calendar for today, so that may be why we don't have a copy of it.
DEFENDANT BARTSCH: And also, I have one more request, which would be beneficial to the Court.
THE COURT: Mm-mm.
DEFENDANT BARTSCH: If you determine that I'm innocent in this situation --
THE COURT: Well, I'm not determining you're innocent.
DEFENDANT BARTSCH: Okay.
THE COURT: I'm not making a determination either one way or the other.
DEFENDANT BARTSCH: I see.
THE COURT: The Government has just decided not to prosecute this case. Now, a parking ticket's a different issue, and I can't say that they're necessarily the same considerations on the, anybody's side.
MR. JOHNS: Your Honor, I have already reviewed --
THE COURT: Oh, you have.
MR.JOHNS -- this parking ticket, along with the sign, and my position, if the Court wishes to take this matter on calendar would be to dismiss it, as well. It is, it is the same fundamental issue phrased in a different way.
THE COURT: What is the number of this violation?
MR. JOHNS: The citation?
THE COURT: Yes.
MR. JOHNS: Or the actual charge?
THE COURT: No. The violation citation notice number is --
MR. JOHNS: F 135975.
THE COURT: All Right. I'd like the clerk to make a note of that. And the charge is for violating what provision of law?
MR. JOHNS: 36 CFR 261.58(g). Parking a vehicle in violation of well marked, well posted instructions.
THE COURT: And you've determined that you don't intend to prosecute that, Mr. Johns?
MR. JOHNS: No, Your Honor. That sign says parked vehicles must display a forest adventure pass.
THE COURT: Ah.
MR. JOHNS: And the underlying conduct was the same.
THE COURT: All right. This is not on calendar for today, but we will put it on calendar now. I am instructing the clerk to do that. And in the interest of justice, the charges against you are dismissd on both F 187610 and F 135975.
DEFENDANT BARTSCH: Thank you very much, Your Honor.
THE COURT: You're welcome.
DEFENDANT BARTSCH: May -- I have one more thing to say, which might be beneficial to the Court. Is it possible you could write me a, some sort of a statement as to my rights in this issue, so I will not have to come back to court again on the same thing?
THE COURT: I am sure that the Government understands that you have a first amendment right to express your views, and you do not need a pass to do that.
DEFENDANT BARTSCH: Yes.
THE COURT: And Mr Johns is advised to inform his office generally of that fact so that if you are cited again for the same offense, unless of course that pass becomes mandatory, rather than discretionary, at some point, then the charges will be dismissed. If that fee and pass become mandatory, then of course we may have a different issue.
MR. JOHNS: Your Honor, is it your desire that I sent an office-wide e-mail advising --
THE COURT: Yes, I think that's a very --
MR. JOHNS: -- AUSAs in my office --
THE COURT: -- good idea.
MR. JOHNS: -- with respect to Mr. Bartsch?
THE COURT: Whoever is doing CVB duty. Because I -- how long are you going to do this? Do you have any idea? Are you going to, over the next few months?
DEFENDANT BARTSCH: I don't know. The program has been extended to 2004.
THE COURT: So you may do it for the next five years, is that right?
DEFENDANT BARTSCH: I would like to have that perogative --
THE COURT: All right.
DEFENDANT BARTSCH: -- yes.
THE COURT: Then I think perhaps an interoffice mail of some kind in writing might be the best way to do it --
MR. JOHNS: May I suggest --
THE COURT: -- Mr. Johns.
MR. JOHNS: -- that I notify the chief of the complaints unit?
THE COURT: That would be very good.
MR. JOHNS: Thank you.
THE COURT: And he or she can advise whoever is handling civilian violation bureau duty. Anything else?
DEFENDANT BARTSCH: That's it. Thank you very much.
THE COURT: Thank you. Have a nice New Year's.
DEFENDANT BARTSCH: I can leave the court now?
THE COURT: Yes, you're free to go.
DEFENDANT BARTSCH: Thank you very much.
THE COURT: Will the clerk call the next case, please?
PROCEEDINGS CONCLUDED