ABNEY v. UNITED STATES

Nos. 79-561, 80-1282 and 80-1287.

451 A.2d 78 (1982)

Stacey ABNEY, Appellant, v. UNITED STATES & District of Columbia, Appellees. UNITED STATES, Appellant, v. Stacey ABNEY, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Stacey ABNEY, Appellee.

District of Columbia Court of Appeals.

Argued July 7, 1981.

Decided September 22, 1982.


Attorney(s) appearing for the Case

Lawrence A. Mintz and Dale C. Andrews, Washington, D. C., for appellant in No. 79-561.

Anthony C. DiGioia, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed, and William D. Nussbaum, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellees in No. 79-561. Benjamin B. Sendor, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee in No. 79-561.

Judith W. Rogers, Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Richard W. Barton, Deputy Corp. Counsel, Washington, D. C., at the time of argument, and Richard B. Nettler, Asst. Corp. Counsel, Washington, D. C., entered an appearance for the District of Columbia in Nos. 79-561 and 80-1287.

David N. Saperstein, New York City, filed an amicus curiae brief for The American Civil Liberties Union Fund of the National Capital Area in No. 79-561.

Regina C. McGranery, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the briefs were filed, John A. Terry, Asst. U. S. Atty., Washington, D. C., at the time the briefs were filed, David E. Sellinger and Anthony C. DiGioia, Asst. U. S. Attys., Washington, D. C., were on the briefs, for appellant in No. 80-1282.

George H. Kendall, Washington, D. C., appointed by this court, for appellee in Nos. 80-1282 and 80-1287.

Before KELLY, KERN and MACK, Associate Judges.


No. 79-561 Argued October 23, 1980.

Nos. 80-1282, 80-1287 Argued July 7, 1981.

MACK, Associate Judge:

Appellant Abney challenges his convictions for sleeping or lying on an improved portion of the Capitol grounds in violation of Art. 10, § 47(b)(2) of the Traffic Regulations for the United States Capitol Grounds (hereinafter 47(b)(2)) which provides, in pertinent part:

(b) In order to insure that the movement of all vehicular and other...

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