Rainbow Valley complaint - March 1996

Gideon Israel
Rainbow Valley
P.O. Box 242
Little Rock, WA 98556
March 7, 1996

Judge Strophy
Thurston County Superior Court
Thurston County Courthouse
Olympia, WA 98502

Re: 89-2-1044-2

Judge Strophy, I felt I must write you because there is no where else to go.

It has come to my attention that certain County Officials are no longer working in good faith to resolve issues affecting Rainbow Valley. I became aware of this just last week, through a February 26th letter from my Attorney, Shawn Newman, who is representing me in District Court on a Noise Ordinance ticket (see submittals).

During discovery, Shawn became aware of the October 9, 1995, County Commissioners meeting, and listened to the complete audio tape transcript of the Monday public meeting, which included comments concerning myself and Rainbow Valley. Ray Hanson, on the record, states that I'm currently involved in ADR, and then continues on about additional "emphasis" and ideas on how to get rid of Gideon Israel.

Dick Nichols, the elected County Commissioner, suggests the need for an "Anarchic Militia" to form, and calls on Thurston County to "launch an all out frontal assault on this outfit," using every legal and other means, etc. (tape enclosed).

The Commissioners ordered a meeting which was held November 28, 1995, at Steve Palmer's Residence, which included 20 people, plus Jane Futterman, Don Krupp, and Rob Lund, from Thurston County.

Jane mentioned the ADR negotiations at this meeting (see submittals).

I have decided to contact you pro se concerning Prosecutorial Misconduct and Selective Enforcement; i.e. using criminal charges to advance your legal position in a civil suit! (see submittals).

Judge, I'm concerned for the well being and safety of my family who live here at Rainbow Valley and my own safety. I appeal to you, Judge Strophy, for immediate judicial relief in this matter. They are trying to make me out as an "uncivilized" person who is in "resistive non-compliance" in order to supercede your Court Directives of co-operation. They are substantially burdening the free exercise of my religious beliefs. In your statements to me at the ADR appearance, when I said, "all I am asking for is a place in this Country to be," Your Honor, you gave me assurances that this "is no problem" (see submittals).

Just like I told you, the Thurston County officials are taking my life's work and falsely telling the public that I am a Criminal and that Peace Gatherings are illegal. The right for me to exercise my religious beliefs are threatened and I again appeal to you for immediate judicial relief under the Religious Freedom Restoration Act of 1993. By the behavior of the Thurston County officials, they seem to think they are above the law. [see submittals: including, Religious Freedom Restoration Act, Sec. 3(c), Judicial Relief; and taped comments from Oct. 9, 1995, re. Honorable Paula Casey and Ninth Circuit, San Francisco. -- See also, Ninth Circuit decision--Rastafarian Ruling (2/2/96), U.S. App. LEXIS 1458 case No. 94-30073, et al.]

Please note that the District Court Noise ticket was issued on November 27, 1995, the day before this meeting at Palmer's house, 70 days after the alleged violation on September 16-17. The ticket was not issued because I violated the law, it was issued to satisfy the few members of the public, who attended the County Commissioners meeting and signed a Petition against Peace Gatherings at Rainbow Valley.

Also note, if the Court wills, the fact that thousands of people Peaceably Assemble at Rainbow Valley to exercise their right of free expression, while only very few individuals/citizens are adversely affected by this Peaceable Assembly. It is in the governmental interest, for such Peaceable Assemblies to take place, and that there be places where Soapbox opportunities can take place. [see Recent Supreme Court decisions concerning Right to Free Expression--i.e., the Soapbox Decision, Irish War League v. Gay, Lesbian Alliance, June 1995.]

I pray to the Court to listen to the submitted audio tapes, from County Commissioners meeting of October 9, 1995, and to consider all relevant information submitted in this pro se brief, based on the fact that the ongoing ADR process was mentioned "on the record" at the County Commissioners meeting and again by Jane Futterman, County Prosecutor at the meeting on November 28, 1995, at Steve Palmer's house (see submittals).

Judge, please listen to the "submitted" audio tape. I have placed the audio tape of County Commissioners meeting of October 9, 1995 to the place where Ray Hansen speaks , then Don Krupp, and you can also hear Commissioners Oberquel, Wilson, and Nichols speak --You will recognize their voices. Wilson states she talked with Sheriffs about taking my land for a "wildlife refuge."

Oberquel scoffs at the Federal Court System. They talk disrespectfully about the Honorable Judge Casey and her stance on Rainbow Valley Peace Gatherings as Free Exercise of religious liberties. They openly conspire and/or collude to deny and violate my civil liberties, and those of the people of Rainbow Valley and those who attend Peace Gatherings at Rainbow Valley.

One such group of Individuals, Wounded Earth Environmental Project, which utilizes the Soapbox Facilities of Rainbow Valley to foster Earth Restoration Faire, first weekend in August, would be deprived of their "Soapbox" opportunity if Rainbow Valley Peace Gatherings are stopped by these improperly applied generally applicable laws (see submittals).

Another upcoming event is Hemp Education Day, which is to take place on the steps of the Capitol Dome in Olympia, on Monday, August 5th, 1996. Rainbow Valley and Peace Movement Norwhwest are the sponsors of Hemp Education Day. Barry Adams, of Garnet Range, Montana, and Myself, wrote letters requesting use of the Capitol steps and have received permission to do so at the Capitol. Earth Restoration Faire, August 1-4 at Rainbow Valley, will be the Staging Event for Hemp Education Day.

Rainbow Valley is the year around staging area and headquarters for Peace Movement Northwest, whose purpose is to the End the Marijuana/hemp war aginst our recognizable minority group of common creed -- the Peace and Love Culture. Barry and myself have been outspoken advocates of marijuana as our sacrament and medicine for our healing. -- as part of our free exercise of our religious liberties. We/I consider the marijuana laws to be generally applicable laws that have a chilling effect on our Right to practice our style of Peace Gatherings. We firmly stand on the Establishment Clause and the Religious Freedom Restoration Act. We are encouraging an end to the war on People of our Common Creed. Government has the opportunity to have Peace with Honor in the Drug War against marijuana/hemp.

The Thurston County officials et. al., know they are using "generally applicable laws" to stop Free Expression and Redress of Grievance on the "SoapBox" at Rainbow Valley. We are working within the system, to End Marijuana Prohibition.

Judge Strophy, you are a fair man. You have given me assurances that things would be worked out in our ADR process. I am in willful compliance of the law, in attending and negotiating in the ADR process. I attended ADR in hopes of attaining "judicial relief." I would like to continue "in chambers" to work it out, so that Peace Gatherings can be held at Rainbow Valley, with the sanction and good will of the County et. al..

In many times, through the years, I have tried to work it out with various Governmental officials and bodies, for the right to exercise my religious beliefs in Peace Gatherings. At times I have applied for and received "permits" for Peace Gatherings (see submittals).

I pray to the Court to hear my petition and accept the validity of my claim under the Religious Freedom Restoration Act. My Peace Gatherings have been recognized by you (see ADR transcript), and now the concerns I have expressed to you "in chambers" have been realized in public. It has never been my intention to violate the Law; I am guided by my personal belief in Peace Gatherings, and a particular Style of Peace Gathering, i.e. making a "Joyful Noise" unto the Lord (see submittals).

I pray and petition the Court to accept all gathered submittals (attached) as relevant to the ADR process, relevant to your Court directives, relevant to my understanding of the County's legal position.

I pray to the Court for whatever appropriate "immediate judicial relief" that will remove the "substantial burden on my free exercise of my religious liberties" and protect my free exercise of my religious beliefs, in this Style of Peace Gatherings and Peaceable Religious Assembly.

I pray to the Court for immediate judicial relief, to order that the governments and other public officials, use the "least restrictive means" of applying the law to these Peace Gatherings and to myself, which is being worked out in the ADR process, in your Court.

I pray for immediate judicial relief from the Court, to enjoin the various Public Officials et. al. from using "emphasis" on myself, Peace Gatherings at Rainbow Valley, and people who Peaceably Assemble at Rainbow Valley; to ensure that people who Peaceably Assemble at Rainbow Valley, Rainbow Valley people, and myself, can have safe "ingress and egress" to and from the Peaceable Assembly Grounds at Rainbow Valley.

I pray for immediate judicial relief to enjoin the Public officials et. al. from destroying any notes, tapes (audio or video), documents, etc.; of meetings or gatherings, or assemblies, official and unofficial, between various public officials of Thurston County and citizens; and between Thurston County officials among themselves and/or with State or Federal officials; concerning myself, Rainbow Valley, Peace Gatherings, Peace Movement Northwest, Hemp Education Day, Earth Restoration Faire, etc.; so that I, as pro se defendent, in ADR process, can have to examine and understand the true nature of the Official Thurston County position. Particularly, I ask the Court to protect all documents related to the word "emphasis" , since it seems to be a "codeword" for selective enforcment procedures against myself, Rainbow Valley and the People who Peaceably Assemble at Rainbow Valley.

Judge, what is to be done with Jane Futterman, who has broken my trust so much, and the Prosecutors office?

Judge, are these public officials in contempt of your Court?

I am more concerned about the safety of my people and visitors to my land, and my own safety, each day that passes.

I further ask and pray for these public officials, Sheriffs, Prosecutors, Commissioners, Public Works personnel, et. al., and all those acting in concert with them to be individually and collectively enjoined from harassing, infringing, intimidating, colluding, conspiring, etc., to create a chilling effect on these Peaceable Gatherings at Rainbow Valley, on the people who attend Peace Gatherings at Rainbow Valley, on the People of Rainbow Valley, on myself, or on our Rights to the Free Exercise of shared religious values, beliefs, expression, speech, liberties.

I pray also to the Court to enjoin Thurston County officials et. al.. from misrepresenting facts to the public about Rainbow Valley, Peace Gatherings, and myself.

I pray and petition the Court to realize the substantial burden that has been placed on me financially, and to give me appropriate judicial relief for my legal expenses, and the duress the Thurston County officials et. al. have placed on my life. I pray and petition the court to reimburse me for all my legal expenses, and for all the duress and public humiliation that has unjustly been placed upon me, Rainbow Valley people, and persons who peaceably assemble at Rainbow Valley.

I further pray and petition the Court that these same be also enjoined from misrepresenting me and my life's work of living the teachings and lifestyle of Jesus Christ, who is my Lord and Savior. It is Christ himself that is giving me direction to do Peace Gatherings at Rainbow Valley. I have been in wilfull compliance of the ADR process with you presiding, so this is an unwarranted assault, on me and Rainbow Valley and Peace Gatherings.

I pray and petition to the Court for immediate judicial relief.

Thank you, I am pro se
Gideon Israel

Enclosures: Submittals and Tape

Gideon Israel..............March 7, 1996

Submittals:

I pray and petition the Court to admit the following submittals as relevant:

Public Record of County Commissioners Meeting; October 9, 1995; Audio Tape.
U.S. Code, Title 18 at 241-247 (pg. 187-88); Chapter 13, "Civil Rights."
September 16, 1991; Dismissal letter from Honorable Judge Paula Casey, to Gideon Israel, Cause No. 90-2-01492-1.
October 19, 1995; Letter to Gideon Israel from Bernardean Broadous, Thurston County Prosecuting Attorney, and Jane Futterman, Deputy Prosecuting Attorney.
November 29, 1995; Letter from Bernardean Broadous, Thurston County Prosecuting Attorney and Jane Futterman, Deputy Prosecuting Attorney.
Letter from Shawn Newman, Attorney at Law, to Mr. Robert A. Lund, Deputy Prosecuting Attorney (February 26, 1996); re: State v. Israel--Discovery.
Letter from Shawn Newman, Attorney at Law, to Mr. Robert A. Lund, Deputy Prosecuting Attorney (March 4, 1996); re: State v. Israel, March 4, 1996 Meeting.
Police Report on Noise Ordinance Ticket (September 17, 1995), case #: 95 32213-09 (2 pgs.); "Thurston County Sheriff's Office Field Investigation Report," signed by Officer Leischner 1D55.
Noise Ordinance ticket, #C 003340, issued November 27, 1995.
Verbatim Report of Proceedings, Superior Court of Washington, County of Thurston, no. 89-2-1044-2; Settlement Conference (65 pages: please note pages: 6, 21-22,28-29, 35, 42-43, 61-65).
Religious Freedom Restoration Act of 1993; Public Law 103-141 (H.R. 1308; signed November 16, 1993).
Rainbow Valley Flyers in public circulation as of 10/1/95: (a) Hemp Education Day Letter to Madeline Binkley from Gideon Israel, Peace Movement Northwest; concerning use of Capitol steps for Hemp Education Day, from Gideon Israel, Peace Movement Northwest; (b) Summer 1996 Schedule Flyer (Dark Green with Hemp Leaf); announcing Hemp Education Day and Earth Restoration Faire Flyer.
Rainbow Valley Flyer in public circulation by 11/15/95: 1996 Schedule Flyer (light green, with Hemp leaves); announcing 1996 Schedule with statement about Hemp Education Day. Rainbow Valley Flyer 12/28/95: Announcing 1996 Schedule and Hemp Education Day (Blue and White with Hemp leaves); Hemp Education Day is in bold letters, and Earth Restoration Faire.
Letters concerning Hemp Education Day: (a) Letter to Madeline Binkley (9/15/95); (b) Letter to Sandy DeShaw, Campus relations Coordinator (11/13/95), from Barry Adams and Gideon Israel; (c) Letter from Sandy DeShaw to Gideon Israel, Peace Movement Northwest (11/20/95); (d) Season's Greetings Letter from Gideon Israel (Christmas 1995).