The opinion of the court was delivered by: WALSH
LEONARD P. WALSH, District Judge.
This matter comes before the Court on applications for a temporary restraining order and for the convening of a three-judge court. Plaintiffs, an organization of women, and individual members of the organization, ask the court to restrain the enforcement of 40 U.S.C. § 193a et seq., by the defendants.
Plaintiffs alleged it is their intention to march upon the United States Capitol grounds on the opening day of Congress, January 15, 1968, and then to assemble to wait congressional re-action to petitions they propose to present to the Speaker of the House and to Senator Mansfield if he is available.
Plaintiffs allege the Chief of the United States Capitol Police has notified them that if they carry out this intention, such action will be violative of 9 D.C. Code § 124 and 40 U.S.C. § 193g, and that arrests will follow. They petition the Court to enjoin any such arrests, that is, to enjoin the Capitol Police from execution of the Acts of Congress which prohibit processions or assemblages on the United States Capitol grounds and the criminal prosecution for violations of these statutes.
Plaintiffs allege they intend to assemble and petition at the Capitol in a peaceful and dignified manner; that they have sought the cooperation of the Capitol Police so that they might carry out their plans without interfering with other business at the Capitol, and, at the same time, without being interfered with by the Police; that a conference was held with the Chief of the Capitol Police, who advised them the matter would be presented to the Capitol Police Board; that the Board denied permission for them to carry out their plans to assemble and petition the Congress en masse.
Plaintiffs contend that the provisions of the respective Acts, on their face, violate their First and Fifth Amendment rights, and that these provisions impose unconstitutional discretion in officials of the Legislative Branch of the Government.
40 U.S.C. § 193g provides:
"It is forbidden to parade, stand, or move in processions or assemblages in said United States Capitol Grounds, or to display therein any flags, banner or device designed or adapted to bring into public notice any party, organization, or movement, except as hereinafter provided in sections 193j and 193k of this title."
Sections 193j and 193k provide for suspension of the provisions of Section 193g at the discretion of the President of the Senate and the Speaker of the House of Representatives, acting concurrently; and if one of them is not in Washington the other may do so; and if both are absent the Capitol Police Board may act; and further, the Capitol Police Board is authorized to grant the Commissioners of the District of Columbia authority to permit the use of Louisiana Avenue for any purposes prohibited by section 193g.
Sections 124, 128 and 129 of Title 9, D.C.Code are identical to the provisions set forth above.
This Court finds that the petitioners' proposed constitutional challenges to the above statutory sections are plainly unsubstantial, and the Court, therefore, dismisses the application for the convening of a three-judge Court under 28 U.S.C. § 2282. Ex Parte Poresky, 290 U.S. 30, 32, 54 S. Ct. 3, 78 L. Ed. 152 (1934). Accord, Turner v. City of Memphis, 369 U.S. 350, 82 S. Ct. 805, 7 L. Ed. 2d 762 (1962).
The prohibition contained in Section 193g and the provisions for suspension in sections 193j and 193k are clear and non-discriminatory on their face, and as such, are a ...