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Pursuant to 36 C.F.R. § 1.5, the National Park Service is imposing a temporary closure of certainpark areas, as detailed in the attached map, beginning at approximately 4:00 a.m., and continuingthrough approximately 4:30 p.m. Specifically the northern half of the Ellipse and its side panels,roadways and sidewalks, E Street and its adjacent north and south sidewalks from 15th Street to17th Street, N.W., State Place, Sherman Park, and the park surrounding the First Division will beclosed beginning at approximately 4:00 a.m. on Wednesday, January 6, 2021, and continuingthrough 4:30 p.m. on Wednesday, January 6, 2021. In addition, the National Park Service is closing Constitution Avenue NW from 15th Street to 17thStreet, N.W., as well as 15th Street N.W. and 17th Street N.W. between Constitution Avenue N.W.at approximately 4:00 a.m. on Wednesday, January 6, 2021, and continuing through approximately4:30 p.m. on Wednesday, January 6, 2021. The National Park Service is also imposing a public use limitation and will not allow into the generalpublic and public ticketed areas: • Aerosols • Ammunition • Animals other than service/guide animals • Backpacks and bags exceeding size restrictions (18" by 13" by 7") • Bicycles • Balloons • Body Armor • Coolers • Drones and other unmanned aircraft systems • Explosives • Firearms • Flammable liquids • Glass, thermal, or metal containers • Laser pointers • Mace I Pepper spray • Packages • Recreational motorized mobility devices • Selfie Sticks • Signs exceeding size restrictions (20' x 3' x 1/4") • Structures • Supports for signs and placards • Toy guns • Weapons of any kind • Any other items determined to be potential safety hazards The public use limitation come at the request of the United States Secret Service, in consultation withthe United States Park Police, to help ensure public safety during event, that is expected to bring theattendance of the President, assorted dignitaries, as well as ticketed and non-ticketed members of thepublic who will enter and be screened by the Secret Service at various entrances. A copy of the mapof the park areas to be closed is attached and incorporated by reference. This partial and temporary park closure and public use limitation does not constitute an impairmentto park resources and values and is not of a nature, magnitude and duration that will result in asignificant alteration in the public use pattern. To adequately address security and public safetyconcerns and ensure a safe and efficient passage into the event, less restrictive measures will notsuffice. Further, it will not adversely affect the park's natural, aesthetic or cultural values and is notof a highly controversial nature. Indeed, pursuant to long-standing Park Service regulations neitherdemonstrations nor special events are allowed in some of these park areas, although ample nearbypark areas remain open and available. Accordingly, pursuant to 36 C.F.R. § 1.5(b), publication as rulemaking in the Federal Register isunwarranted. This is consistent with hundreds of past partial and temporary park closures or publicuse limitations, the legal opinion of the Office of the Solicitor, and past judicial adjudications. See e.g.,Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiffs emergency motion forinjunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (percuriam) (public use limitation); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999)(closure); Picciotto v. United States, No. 94-1935 (D.D.C. September 9, l994) (closure); Picciotto v.Lujan, No. 90-1261 (D.D.C. May 30, l990) (closure); Picciotto v. Hodel, No. 87-3290 (D.D.C. January26, l988) (closure); Spiegel v. Babbitt, 855 F.Supp. 402 (D.D.C. 1994), affd in part and vacated withinstruction to dismiss in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), cert. denied 516 U.S. I 046 (1996)(public use limitation). Pursuant to 36 C.F.R. § 1.7, notice of the public closure will be made by fencing and signage and noticeof the public use limitation will be on the tickets and entrance way signage. Pursuant to 36 C.F.R. §l.5(c), this Record of Determination is available to the public upon request. John Stanwich NPS Liaison to the White House National Capital Region Jeffrey P. Reinbold Superintendent National Mall and Memorial Parks January 6, 2021 |
Last updated: January 6, 2021