¶ Defendants are environmental activists who, on August 31, 1982, in order to protest river pollution, rappelled down Terrapin Point at Niagara Falls to a ledge on a gorge wall where, despite being importuned by Niagara Frontier State Park Police to climb up, they remained overnight. After 24 hours, they ascended, unaided. In the interim, the Niagara Frontier Rescue Team had been mobilized for the purpose of effectuating a rescue if the occasion arose. That the point...
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