OK, admittedly, this case has little to do with environmental law or civil procedure, but sometimes the facts are good enough to make a decision worth noting.

In Doyle v. New Hampshire Department of Resources and Economic Development, No. 2011-420 (Jan. 13, 2012), the New Hampshire Supreme Court struck down an Administrative Rule that required anyone “[h]olding or organized or special events which go beyond routine recreational activities” in state parks to apply, at least 30 days in advance, for a special-use permit.  Assuming, but not deciding, that Monadnock State Park was a traditional public forum, the Court held that the Rule violated the New Hampshire State Constitution’s free speech protections because it was not narrowly tailored to address the state’s asserted interest in preventing visitors from “unwelcome or unwarranted interference, annoyance or danger.”

So, with such a lofty principle as free speech rights at issue, you would expect that the plaintiff, Mr. Doyle, had been planning a political protest, or maybe a religious retreat, wouldn’t you?  But no.  This is what Mr. Doyle wanted to do:  dress up as Big Foot, and his friends as Yoda and a pirate and interview hikers who came upon them, as a follow up to a prior hoax “Bigfoot sighting” he staged involving park staff members which, I suspect, may have been somewhat embarrassing to the park management.  Yet, in the end, the force was not with the DRED,  and Chewie, Yoda, and friends are free to return to Mount Monadnock thanks to the New Hampshire Supreme Court.

For your viewing pleasure, here’s Mr. Doyle’s original visit to Mount Monadnock:

Share | Email| Print| Comments|  Topics: Public Lands