Commander's Closed Base Declaration and Order
Peaceful Protest Activity Policy Letter
BY ORDER OF THE INSTALLATION COMMANDER:
PEACEFUL PROTEST ACTIVITY ON VANDENBERG AFB PROPERTY
Pursuant to 50 U.S.C., Section 797 and 32 C.F.R., part 809a, be advised that Vandenberg Air Force Base (VAFB) is a "closed" installation. Non-military and non-DOD personnel will not enter without authority granted by the United States or by the Installation Commander.
HWY 1, HWY 246/OCEAN AVENUE RIGHT-OF-WAY THROUGH VAFB PROPERTY
In light of a recent Ninth Circuit case, the following policy update is provided.
As described in easement documents, the United States, as exclusive owner of this property, has granted limited right-of-way easements through its base for use as highways. Such use and occupation of the lands of the United States for this purpose is subject to rules and regulations as the installation commander may prescribe from time to time in order to properly protect the interests of the United States.
Both the United States and the State of California have concurrent authority to prosecute those who violate criminal laws within this area. In 2004, pursuant to written agreement, County prosecution authorities agreed to prosecute State crimes committed by personnel within the areas of public roads which run through the base, with the exception of crimes related to public protests. The United States agreed to address and prosecute all such activities.
PEACEFUL PROTEST ACTIVITY RULES
The Installation Commander's interest in implementing these rules is for the protection and security of the persons and property of the United States that are under his control, authority, and responsibility. Such protection includes ensuring adequate procedures are in place to protect and secure such persons and property from attack from dangerous persons or threats that can be covert as well as overt. Allowing persons to gather on the property of a closed military installation requires increased vigilance to fulfill this responsibility and purpose. Despite these concerns, the Installation Commander has decided to grant permission for persons to gather for the purpose of peaceful protest in the area adjacent to the intersection of State Highway 1 and the Lompoc-Casmalia Road at the Main Gate (Santa Maria Gate) of VAFB. Such permission is limited and is subject to rules and regulations that the installation commander may impose. Adequate notice must be provided and such activity must be coordinated to ensure public safety and no mission impact.
By entering upon United States property (VAFB property) to peacefully protest, individuals consent to be transported if they refuse to obey these rules and refuse to leave of their own accord after being given the opportunity to comply.
Failure to adhere to the rules outlined here and failure to vacate United States (VAFB) property at the request of Security Forces (or other supporting security or law enforcement personnel) may result in any of the following: the withdrawal of permission to enter United States (VAFB) property; the issuance of a barment order; and/or the issuance of a citation for violating applicable criminal laws, including but not limited to, a violation of 50 U.S.C. § 797.
Notice and Planning:
All protest activities must be coordinated and scheduled with base Public Affairs at least two (2) weeks in advance to ensure the implementation of adequate safety measures, security measures, and to ensure the activities will not interfere or have an impact on military missions, an impact which may include allocation of personnel to monitor such activities. Any large protest activity the installation is unable to support due to mission impact may be denied. Additionally, large protest activity that will result in obstruction of highway traffic without possessing legally obtained permits or licenses will also be denied. Anyone failing to vacate installation property upon advisement from Security Forces (or any other supporting security or law enforcement personnel) may be removed from United States (VAFB) property and may be cited for applicable criminal laws. By entering United States property, individuals consent to be transported off such property if they are requested to leave and refuse to do so.
Contact Information for Scheduling and Coordination: Notify 30th Space Wing Public Affairs at (805) 606-3595 or by e-mail at email@example.com
at least two (2) weeks in advance with the date, time and expected number of participants. Public Affairs will then coordinate with all other base agencies, including Security Forces.
Authorized Location(s) of Activities/Access:
The painted green line and Highway 1/Lompoc-Casmalia Road mark the boundaries for peaceful protest activity.
There are 44 parking spaces at Vandenberg Middle School for use during coordinated and scheduled peaceful protests during weekends/outside school hours. Such spaces are otherwise unavailable during school hours unless you obtain permission from an authorized LUSD official, which must be in writing. Two of those spaces are designated for disabled person parking. Once the parking lot is full, no other vehicles will be allowed to park in that lot. Please note that this area is under the exclusive jurisdiction and is not included as an authorized protest demonstration area; regardless, for safety and security purposes, the installation commander is temporarily authorizing debarred persons access to this area solely for parking and walking to the peaceful demonstration activity area. The parking of vehicles on highways and roads adjacent to and transecting VAFB is strictly prohibited. Vehicles illegally parked or stopped upon Highway 1, Lompoc-Casmalia Road, Brown Road, or other roads may be towed by Security Forces or state or county authorities as authorized by law.
Amenities: VAFB will provide portable toilets for scheduled peaceful protests upon request depending upon the number of persons expected to be present and the duration of the protest. VAFB personnel will determine the authorized locations of these amenities.
· Obstruction of traffic is not authorized at any time
· Activities other than peaceful protests are not permitted and are specifically prohibited.
· No structures or equipment of any kind may be erected, constructed, or affixed, even temporarily, anywhere on United States property
· No weapons
· No fireworks
· No skates
· No bicycles
· No motorized recreational items
· No solicitation or distribution of any materials, including paper or objects
· No containers, including backpacks and coolers larger than 1 foot square (small Playmate-type coolers are allowed)
· Baby bags may be used when an infant or child under 3 years old is present, but are subject to search
· No masks. Exception: Masks may be worn when required by a medical doctor. The wearer must show the doctor's order in writing and provide the doctor's contact phone number for confirmation
· All locations on the installation, including the authorized peaceful protest area, are subject to search - checkpoints may be established
· Everyone must possess valid state or U.S. federal government-issued identification and present it upon request
· Barment from Vandenberg AFB:
If you are currently barred from Vandenberg AFB, there is no exception to the barment permitting you to attend peaceful protest activity on Vandenberg AFB property outside of the Hwy 1 easement, unless the installation commander elects to modify such restricted access.
If you are temporarily detained and cited for a criminal violation, be advised that the following procedures may be followed, depending upon the number of violators:
· You will be photographed and taken to a processing area
· A criminal records check will be conducted along with a check to determine if you have any outstanding warrants and if you have been previously barred from VAFB property
· You may receive an official letter barring you from entering Vandenberg Air Force Base
· If you are detained without valid ID, you may be detained until valid ID is presented
· If you present valid ID and are released, you will be escorted/transported off United States (VAFB) property
· If it is determined that you have an outstanding warrant, you will be turned over to the appropriate authorities responsible for executing the warrant, or you will be transported to a federal facility and detained until arraigned before a federal magistrate
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