Activist alleges harassment by Forest Service
January 21, 1998
It was a young Sam Stearns who faithfully adhered to the principles of Smoky Bear’s message of forest fire prevention, but it’s an older Sam Stearns who claims that some of Smoky’s closest friends have harassed him and dampened the efforts of several logging protesters.
Stearns said that eight years ago he was a disciple of the U.S. Forest Service. Seeking part-time work with the Forest Service, he saw first hand what timbering did to the Shawnee National Forest.
I remember seeing these guys logging, and I realized that this shouldn’t be happening here, Stearns said. I asked if there was anything that could be done so the trees could stay and they told me, It’s already a done deal. There’s nothing you can do.’ Stearns is now the public education coordinator for the Friends of Bell Smith Springs and opposes all logging activities in Bell Smith Springs.
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More than 3,400 acres of forest await logging while a court-ordered injunction remains in effect. The logging of non-native pines from Bell Smith Springs met with strong public opposition from SIUC students and local environmentalists who worked ardently to halt the logging.
Through efforts to educate the public on what he calls felonious timber sales by the Forest Service in the Bell Smith Springs area, Stearns earned two citations, which he claims stifled his First Amendment rights.
Stearns appeared in federal court Jan. 12 on charges issued by Shawnee National Forest officers on July 22 and Aug. 17.
Both citations were issued for posting signs without authority in violation of a federal regulation which prohibits the commercial distribution of any printed material without a special use authorization permit from the U.S. Forest Service.
Stearns and others handed out informational flyers to the public and thumbtacked some flyers to trees. He said the most flyers ever distributed on a busy day was a few hundred.
On Dec. 29, the U.S. District Court in Benton dismissed one of the charges issued to Stearns in August. The posting of signs without authority was not deemed illegal, according to federal regulation. The court then amended the other charge to include entering a closed area of the forest.
Stearns said the officer who issued him both tickets was not present at the time of the alleged violations. He said the Shawnee National Forest law enforcement officers engaged in scare tactics.
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If I were doing something illegal [the court] could have followed through with [prosecuting my actions] in federal court, Stearns said.
Stearns further maintained that illegal automobile searches and road blocks retarded environmentalists’ decisions to actively participate in disseminating information.
Jim Shull, Shawnee National Forest law enforcement officer, declined to comment, citing that policy requires a public relations official to issue comments.
Monica Ross, public relations officer for the Shawnee National Forest, declined to comment about automobile searches in public parking lots in the forest and the implementation of road blocks.
There isn’t a standard operating procedure on handling protesters, Ross said. [The situation] depends on things like how many protesters will be involved and if there will be dangers to the public.
Ross said she has never known of any officer harassing or using scare tactics to hinder the activities of logging protesters. Ross said she could not comment on Stearns’ case because it was not decided.
In his ongoing legal battle, Stearns motioned for a bill of particulars, which was granted by the court on Jan. 14. His motion requires U.S. Forest Service attorneys to cite exactly where and when he was in the closed area of the forest by Jan. 24.
I was never in a closed area, Stearns said. The attorneys will find absolutely no basis to charge me with anything. This is harassment.
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