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Pursuant to 36 C.F.R. § 1.5, the National Park Service (NPS) is imposing a temporary closure of certain areas within National Mall and Memorial Parks, specifically the Chamber of the Lincoln Memorial and the areas encompassing the sides and rear of the Chamber of the Lincoln Memorial. These areas will be closed for a period of time between 8:00 am and 3:00pm on Sunday, January 23, 2022. On January 23, 2022, the National Park Service has permitted the large-scale 1st Amendment demonstration “Defeat the Mandates” to take place on the steps and plaza area of the Lincoln Memorial. This temporary closure of the Chamber and areas immediately adjacent is based upon a determination that such action is necessary for the maintenance of public safety. This event is expected to attract over 20,000 individuals to the steps and plaza of the Lincoln Memorial. The United States Park Police (USPP) has particular security concerns related to the event. These security concerns can be greatly alleviated by implementing a temporary closure of the Lincoln Memorial Chamber and adjacent areas as needed during the event. The speakers for the permitted event will be located on the last platform on the Lincoln Memorial steps, in front of the Lincoln Memorial Chamber with event spectators on lower levels. The proposed closure is just adjacent and behind the area permitted for this event. Specifically, the Chamber of the Lincoln Memorial and the areas encompassing the sides and rear of the Chamber of the Lincoln Memorial will be closed. These closed areas will be marked by bike rack. The USPP will seek to limit the closure period within the chamber area to a minimum, based on the safety and security situation. The NPS and USPP have designated an area in Constitution Gardens, northeast of this 1st Amendment event, for any individuals or groups wishing to voice their 1st Amendment views towards this event. This area is in view and sound of the permitted event. This temporary and partial closure is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern.” Indeed, other nearby park areas will remain open to the public. The closure will not adversely affect the park's natural, aesthetic, or cultural values; nor require significant modification to the resource management objections; nor is it of a highly controversial nature. Accordingly, the National Park Service determines that publication as rulemaking in the Federal Register, is unwarranted per 36 C.F.R. § l.5(c). This is consistent with hundreds of earlier partial and temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. Picciotto v. United States. No. 99-2113 (D.D.C.); Picciotto v. United States, No. 94-1935 (D.D.C.); Picciotto v. Lulan, No. 90-1261 (D.D.C.); Picciotto v. Hodel, No. 87-3290 (D.D.C.); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), affld in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995). Pursuant to 36 C.F.R.§ 1.7, notice of this temporary and partial closure will be made through fencing and posting USPP personnel at conspicuous locations in the affected park area. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request. Jeffrey P. Reinbold, Superintendent National Mall and Memorial Parks January 21, 2022 |
Last updated: January 21, 2022