David A. Smith v. District of Columbia

PRETTYMAN, Senior Circuit Judge:

These appellants were among a group of demonstrators who refused to move out of a corridor in the House wing of the Capitol building when ordered to do so by the Capitol police. We find here the same considerations which led to our conclusion in Feeley v. District of Columbia, 1 although the facts are different.

We believe the development of the problem will be clearer if we first examine the several statutory provisions involved.

Title 23, Section 101, of the D.C.Code provides:

“Prosecutions for violations of all police or municipal ordinances or regulations and…