GREAT SMOKY MOUNTAINS NATIONAL PARK - At the top of the scenic road crossing this great national park sits Newfound Gap - a peaceful stopover offering spectacular vistas of the mountainous countryside below. But this setting is also witness to the containment
of a basic constitutional right, heralded by the wails of one man. His name is Vincent Fermier, a performance artist from Manhattan who screamed his way to notoriety in the clubs of Greenwich Village. But here, his performances are delegated to a much humbler stage:
next to the bear-proof trashcans at the end of the parking lot.
"It's very restrictive." says Fermier, who has made an art of expressing the gamut of emotions through screaming. "What I do is a study of human behavior, really. You can stir an emotion in another person by simply screaming at them - but you will get a totally
different reaction if you run towards them, or sneak up from behind. Being stuck by that garbage can robs people of that broadened experience."
The National Park Service recently designated "First Amendment Expression Areas" at the most popular spots on the park system. Violators can be fined or possibly arrested for expressing themselves beyond these designated areas without a permit. Free speech advocates
are preparing for a prolonged court fight over the issue. In the meantime, Fermier and others say these designated areas are being moved to increasingly objectionable locations.
"They moved this one to the garbage cans about three months ago." he said. "There's one a couple of miles down the road on a blind curve next to a 'Watch for Falling Rocks' sign. I've never seen anybody there. I hear there's one in the Everglades that's only accessible by airboat."
The Park Service insists that they are not corralling speakers and demonstrators, but rather providing better access for park guests. "The people coming here to enjoy the park have priority." said James Hoffner, Superintendent of the park. "We used to have the free speech area by the restrooms,
but we got a lot of complaints. This new location is away from the main foot traffic, but people don't have to go over there unless they want to. That's why the garbage cans are there."
The situation presents a peculiar dilemma for environmentalists. "We truly believe in free speech." said Sylvia Wretchner, local chapter president of the Green Mountain Society. "However, we must express our concern that some people may refrain from using the trash receptacles simply to avoid a
speaker or demonstrator, and choose to litter instead. It's basically the same reason we objected when the expression area was near the restrooms."
Fermier vows continue his performances despite the harsh conditions. "I'll be here until they close the road in December." he vowed. "Unless I get my gig back in the city."
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