Court Dismisses Free Exercise Challenge To Forest Service Permit Regulations

In Nenninger v. United States Forest Service, 2008 U.S. Dist. LEXIS 51212 (WD AR, July 3, 2008), an Arkansas federal district court dismissed a challenge to U.S. Forest Service regulations requiring a special permit for large noncommercial gatherings on Forest System lands. The permit application must be signed by an agent for the group. (36 C.F.R. Part 251, Subparts B and C, and 36 C.F.R. Part 261, Subpart A.) The regulations were challenged by a member of the Rainbow Family, a group that regularly gathers in undeveloped sites in National Forests to pray for peace and discuss environmental and other issues. Its annual gatherings near July 4 usually attract 20,000 participants. The court rejected First Amendment overbreadth, free exercise and RFRA challenges to the regulations. It held that the permit requirements are facially neutral laws of general application and do not substantially burden the practice of plaintiff's religion. The court also rejected selective prosecution claims and a number of other bases for relief.