Judge Dave and the Rainbow People
Encyclopedia
Judge Dave and the Rainbow People is a book by US Federal Judge David B. Sentelle
about his involvement with the 1987 annual Rainbow Gathering
.
The gathering was held in North Carolina
where Sentelle was a U.S. District court judge. The State tried to prohibit the gathering because the Rainbow family
failed to acquire a permit for the event. Sentelle's book is a humorous first person narrative about the event.
North Carolina's permitting law was intended for large commercial events and primarily to ensure public safety. The Rainbows satisfied most of the safety requirements but, as an amorphous group with no leadership structure, were unable to comply with the bonding requirements. Additionally, the Rainbows had a long history of eschewing any permitting process as an infringement on their first amendment rights to assemble and practice their religion.
Judge Sentelle (and Garrick Beck, in a postscript) explained the conflict as having no easy solution; if Sentelle granted the state a restraining order
to shut down the gathering, the Rainbows' first amendment rights would be violated. On the other hand, if the Judge allowed it to proceed it would undermine the State's permitting law, which was intended for public safety at large commercial events. Furthermore, the Pullman doctrine prohibited federal judges from invalidating state laws except in case of emergency, which was the pretense under which the case landed in his court.
Sentelle solved the conflict by getting the two groups to agree to a consent judgment, whereby the court wouldn't have to invalidate the state law, and whereby the Rainbows wouldn't need a permit, as long as they met the safety and environmental requirements as detailed in the agreement.
The book includes several humorous trips by the court to the gathering, including a jury view and some later inspections. Sentelle recounts the discomfort he felt at being videotaped while chatting with a pretty nude female hippie
, and the effect it might have on his upcoming confirmation hearings to the United States Court of Appeals
. He also talks of an elephant
roaming around the North Carolina forest and an almost mythical Shanti Sena
(Rainbow peace keeper) who seemed to appear out of thin air anytime there was trouble.
Sentelle also documents the complicated relationship between the Rainbows and Law Enforcement officers, who generally didn't interfere with the gathering, except in cases of blatant misbehavior. There were undercover agents at the event, but they would turn a blind eye to minor infractions, like recreational drug use, looking instead for dangerous situations or criminals who might be at the gathering. When a wanted
person was observed the undercover agents would communicate the identity to uniformed agents, who would then ask the Shanti Sena to produce the person. This method avoided public confrontation between the Rainbows and Law Enforcement. The Shanti Sena produced all the criminals the authorities identified, including one who was allegedly delivered in an unconscious condition.
Throughout the book Sentelle portrays the Rainbows management in a positive light: all kitchens had proper sanitation; the first aid station was staffed with nurses and physicians, latrine
s were to Marine
specifications (minus the privacy screens); water supply and disposal was environmentally sound, and the group completed a comprehensive cleanup and restoration after the gathering. Cases of dysentery
, however, caused by shigellosis
appeared in some attendees, who apparently failed to boil the water per instructions at the water supplies. In some ways the site was left better than before the gathering, as the rainbows hauled pre-existing garbage out of the forest. Other areas were damaged by soil compaction and the forest service required heavy equipment to aerate the soil.
David B. Sentelle
Judge David Bryan Sentelle is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit.- Early life and education :...
about his involvement with the 1987 annual Rainbow Gathering
Rainbow Gathering
Rainbow Gatherings are temporary intentional communities, typically held in outdoor settings, and espousing and practicing ideals of peace, love, harmony, freedom and community, as a consciously expressed alternative to mainstream popular culture, consumerism, capitalism and mass media.Rainbow...
.
The gathering was held in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
where Sentelle was a U.S. District court judge. The State tried to prohibit the gathering because the Rainbow family
Rainbow Family
The Rainbow Family of Living Light is a loosely affiliated group of individuals committed to principles of non-violence and egalitarianism. They put on events known as Rainbow Gatherings....
failed to acquire a permit for the event. Sentelle's book is a humorous first person narrative about the event.
North Carolina's permitting law was intended for large commercial events and primarily to ensure public safety. The Rainbows satisfied most of the safety requirements but, as an amorphous group with no leadership structure, were unable to comply with the bonding requirements. Additionally, the Rainbows had a long history of eschewing any permitting process as an infringement on their first amendment rights to assemble and practice their religion.
Judge Sentelle (and Garrick Beck, in a postscript) explained the conflict as having no easy solution; if Sentelle granted the state a restraining order
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
to shut down the gathering, the Rainbows' first amendment rights would be violated. On the other hand, if the Judge allowed it to proceed it would undermine the State's permitting law, which was intended for public safety at large commercial events. Furthermore, the Pullman doctrine prohibited federal judges from invalidating state laws except in case of emergency, which was the pretense under which the case landed in his court.
Sentelle solved the conflict by getting the two groups to agree to a consent judgment, whereby the court wouldn't have to invalidate the state law, and whereby the Rainbows wouldn't need a permit, as long as they met the safety and environmental requirements as detailed in the agreement.
The book includes several humorous trips by the court to the gathering, including a jury view and some later inspections. Sentelle recounts the discomfort he felt at being videotaped while chatting with a pretty nude female hippie
Hippie
The hippie subculture was originally a youth movement that arose in the United States during the mid-1960s and spread to other countries around the world. The etymology of the term 'hippie' is from hipster, and was initially used to describe beatniks who had moved into San Francisco's...
, and the effect it might have on his upcoming confirmation hearings to the United States Court of Appeals
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. He also talks of an elephant
Elephant
Elephants are large land mammals in two extant genera of the family Elephantidae: Elephas and Loxodonta, with the third genus Mammuthus extinct...
roaming around the North Carolina forest and an almost mythical Shanti Sena
Shanti Sena
The Shanti Sena or "Peace army" was made up of Gandhi's followers in India. Its non-violent methods have been adopted by other movements such as the World Peace Brigade, Nonviolent Peaceforce, Swaraj Peeth and the Rainbow Family of Living Light....
(Rainbow peace keeper) who seemed to appear out of thin air anytime there was trouble.
Sentelle also documents the complicated relationship between the Rainbows and Law Enforcement officers, who generally didn't interfere with the gathering, except in cases of blatant misbehavior. There were undercover agents at the event, but they would turn a blind eye to minor infractions, like recreational drug use, looking instead for dangerous situations or criminals who might be at the gathering. When a wanted
On the Lam
"On the Lam" is a song by Kele Okereke, lead singer and rhythm guitarist of the band Bloc Party, released as the third single from his debut solo album The Boxer. The music video was released on October 8, 2010, with the digital EP being released on October 25....
person was observed the undercover agents would communicate the identity to uniformed agents, who would then ask the Shanti Sena to produce the person. This method avoided public confrontation between the Rainbows and Law Enforcement. The Shanti Sena produced all the criminals the authorities identified, including one who was allegedly delivered in an unconscious condition.
Throughout the book Sentelle portrays the Rainbows management in a positive light: all kitchens had proper sanitation; the first aid station was staffed with nurses and physicians, latrine
Latrine
A latrine is a communal facility containing one or more commonly many toilets which may be simple pit toilets or in the case of the United States Armed Forces any toilet including modern flush toilets...
s were to Marine
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
specifications (minus the privacy screens); water supply and disposal was environmentally sound, and the group completed a comprehensive cleanup and restoration after the gathering. Cases of dysentery
Dysentery
Dysentery is an inflammatory disorder of the intestine, especially of the colon, that results in severe diarrhea containing mucus and/or blood in the faeces with fever and abdominal pain. If left untreated, dysentery can be fatal.There are differences between dysentery and normal bloody diarrhoea...
, however, caused by shigellosis
Shigellosis
Shigellosis, also known as bacillary dysentery or Marlow Syndrome, in its most severe manifestation, is a foodborne illness caused by infection by bacteria of the genus Shigella. Shigellosis rarely occurs in animals other than humans and other primates like monkeys and chimpanzees...
appeared in some attendees, who apparently failed to boil the water per instructions at the water supplies. In some ways the site was left better than before the gathering, as the rainbows hauled pre-existing garbage out of the forest. Other areas were damaged by soil compaction and the forest service required heavy equipment to aerate the soil.