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Pursuant to 36 C.F.R. § 1.5, the National Park Service is imposing a temporary closure of the Washington Monument tour operations as a result of disruption to operations caused by a First Amendment Demonstration in the Northeast Quadrant of the Washington Monument. The United States Secret Service (USSS) requested a temporary closure of the Washington Monument on October 6, 2024 from 11:45 am – 1:30 pm, to establish a security perimeter for a USSS protectee, that the NPS approved in a separate record of determination. Specifically, the areas as delineated on the attached map and as further delineated by bike rack, will be closed to the public from approximately 9:00 a.m. through 5:00 p.m. on Monday, October 6, 2024, . Please note that these areas do not curtail or change the existing closure or temporary public limitations of the Northeast Quadrant of the Washington Monument from 7:00 pm on Sunday, October 6, 2024, until 6:30 am on Tuesday, October 8, 2024. The USSS security request disrupts normal tour operations of the Washington Monument during their requested closure, which would cause major disruptions to NPS park operations throughout the day that are greater than NPS operational capacity. Enforcing the closure only at the times requested by the Secret Service cannot be accommodated by the NPS, and as a result, a closure from 9:00 a.m. through 5:00 p.m. is the least restrictive measure that can suffice. This closure is not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern” because of its limited period and geographic scope, since other portions of the Washington Monument grounds will remain open to the public. As such, the closure does not constitute an impairment to park resources and values and will not adversely affect the Washington Monument’s natural, aesthetic or cultural values. It does not require significant modification to the park’s resource management objectives. It is also not of a highly controversial nature because other portions of the Washington Monument Grounds will remain open for those groups and/or organizations seeking to demonstrate or hold special events on other portions of Washington Monument Grounds. Accordingly, pursuant to 36 C.F.R. § 1.5(b), publication as rulemaking in the Federal Register is unwarranted. This is consistent with hundreds of past temporary park closures or public use limitation, the legal opinion of the Office of the Solicitor, and past judicial adjudications. Picciotto v. United States, No. 99-2113 (D.D.C.) (park closure); Picciotto v. United States, No. 94-1935 (D.D.C.)(park closure); Picciotto v. Lujan, No. 90-1261 (D.D.C.)(park closure); Picciotto v. Hodel, No. 87-3290 (D.D.C.)(park closure); Mahoney v. Norton, No.02-1715 (D.D.C.), plaintiffs’ emergency motion for injunction pending appeal denied Mahoney v. Norton, No.02-5275 (D.C.Cir.)(per curiam)(public use limitation). Pursuant to 36 C.F.R. § 1.7, notice of the temporary closure will be made through media advisories, fencing, and posting at conspicuous locations at the affected parks. Violation is prohibited. /s/ Jeffrey P. Reinbold Superintendent, National Mall and Memorial Parks |
Last updated: October 7, 2024