United States v. Kalb

OPINION

COHILL, Senior District Judge.

Introduction

The three defendants above-named were each charged by Information with a misdemeanor for violation of 36 C.F.R. § 261.10(k): “Use or occupancy of National Forest lands without authorization when such authorization is required.” 1

The regulations considered here govern the noncommercial assembly of 75 or more persons in a national forest. The defendants argue that the regulations are either unconstitutional or simply don’t apply to them as individuals.

We conducted a two day bench trial, and directed the parties to file proposed Findings of Fact…