MEMORANDUM OPINION AND ORDER
MATSCH, District Judge.
The plaintiffs filed a first amended complaint on August 31, 1987, seeking a preliminary injunction enjoining the defendants from preventing or impeding the plaintiffs from attending "Guest Day" at Peterson Air Force Base on September 12, 1987, to hand out leaflets concerning military power and to discuss those issues with the public. This court issued such an injunction on September 4, 1987, and an amended order on September 11, 1987.
The order of preliminary injunction, as amended, prevented interference with the plaintiffs in these activities only while they stayed within a specified area on the base, designated by the base commander, which area was required to be comparable to those occupied by others manning booths and tables for other purposes. The order required the plaintiffs to behave in a peaceful and orderly manner, and to keep the designated area clean. It authorized immediate removal of the plaintiffs for any violation of the terms and conditions specified in the order.
That injunctive order was based on this court's written findings of fact and conclusions of law, entered September 4, 1987 as a result of an evidentiary hearing held on September 2, 1987. All of the plaintiffs had been issued "bar letters" upon their removal from Peterson Air Force Base (Peterson AFB) on earlier occasions when the public was invited to attend Armed Forces Day celebrations with an "open house" comparable to the September 12, 1987 guest day. Those bar letters were issued as a result of their earlier efforts to distribute leaflets and discuss their viewpoint with the public. The bar letters permanently forbade the plaintiffs from re-entry to the base and threatened them with prosecution pursuant to 18 U.S.C. § 1382.
The plaintiffs seek to have those bar letters declared null and void as violative of the rights protected by the First Amendment to the United States Constitution. That claim is now before this court on cross motions for summary judgment pursuant to a stipulation of agreed facts, filed April 29, 1988, which include the following pertinent paragraphs:
3. It is customary for the military installations in the Colorado Springs, Colorado area to have annual Armed Forces Day celebrations. Such Celebrations were held on May 13, 1985 and May 17, 1986 at Peterson Air Force Base. The May, 1987 celebration was postponed to and held on September 12, 1987 at Peterson Air Force Base to coincide with the 40th birthday celebration of the U.S. Air Force.... These celebrations are authorized by and held pursuant to Air Force Regulation 190-1....
Such celebrations are widely publicized and promoted in the local media as available to and free for the local public to attend. At such celebrations the public roadway gates to Peterson Air Force Base are open to members of the public subject to compliance with the Peterson Air Force Base commander's orders.
4. A schedule of activities for the celebration on September 12, 1987 attached to the stipulation, indicates that the activities included air shows and demonstrations, a military working dog demonstration and a concert. In addition to those events the following activities took place at the Base on that day pursuant to these Defendants' permission:
a. Military contractors for the Air Force had exhibits staffed by civilian personnel which explained the operation and function of current weapons systems and equipment used by the Air Force. Literature was available to the public ...
b. Recruiting activities to attract enlistees into the Air Force of Air Force Reserve including printed information which was available to the public.
c. Recruiting activities to encourage persons to seek appointment as cadets to the Air Force Academy including printed information which was available to the public.
d. Recruiting activities to attract candidates for the Reserve Officers Training Corps including printed information which was available to the public.
e. Printed circulars advertising the Cheyenne, Wyoming Year Round Walk for 1987 and advertising the Historic Macgregor Ranch Walk on September 19 and 20, 1987, both of which circulars were available to the public....
f. A newspaper entitled the Space Observer dated Saturday September 12, 1987 which was available to the public....
g. An invitation to join the International Plastic Molders Society which was available to the public....
5. There is no schedule of events available for the events of May 13, 1985 and May 17, 1986. But the activities on those days and the literature available to the public would be very similar to the literature and activities detailed in paragraph 4 of this stipulation.
6. Plaintiffs Peter Sprunger-Froese, Susan Matarrese and Joan Brown attended the May 13, 1985, Armed Forces Day celebration at Peterson Air Force Base. At that time they leafletted and talked with other persons attending the celebration about information similar to the general content of exhibits K and L. Those exhibits are attached to this court's opinion as Appendices 1 and 2. Shortly after beginning such activities, these three plaintiffs were given a choice to desist the activity or leave the base. Upon their refusal, they were escorted off the Base by the Air Force Security Police. They were then given "bar letters" pursuant to 18 U.S.C. 1382....
7. All Plaintiffs attended the May 17, 1986, Armed Forces Day celebration at Peterson Air Force Base. At that time they attempted to leaflet and talk with other persons attending the celebration..... Plaintiffs Johnson, Sheetz and Parker were given the choice to desist the activity or leave the base. Upon their failure to do so they were detained by the Air Force Security Police acting under the control of these Defendants or their predecessors, escorted off the base and issued "bar letters" pursuant to 18 U.S.C. 1382.... Plaintiffs Sprunger-Froese, Mararrese and Brown were arrested, taken to base headquarters and cited into federal court for a violation of 18 U.S.C. 1382. Plaintiffs Johnson, Sheetz and Parker attempted to reenter the base shortly thereafter for the purpose of continuing their leafletting and explanations. They were immediately arrested, taken to base headquarters and cited in federal court with a violation of 18 U.S.C. 1382. All Plaintiffs pleaded not guilty to the charges as set forth in federal court. Those charges were dismissed on or about October 3, 1986, upon the motion of the United States Attorney.
8. Prior to filing this action, the Plaintiffs requested cancellation of the previously issued bar letters. When Defendants denied the request and so advised the Plaintiffs in writing, no further administrative remedy was available to Plaintiffs.
Peterson AFB is a closed base and normally civilians are not allowed to enter without authorization. Colonel James O. Palmer, Commander of Peterson AFB, explained that the "open house" days are designed to foster good relations with the surrounding civilian community. Air Force personnel display and demonstrate equipment and displays by defense contractors are permitted. According to Col. Palmer, "As a matter of long standing policy, the Department of the Air Force does not engage in any activities which might be interpreted as associating the Department with particular ideological or political causes, parties or candidates.... At Peterson, we have a consistent policy of not allowing the organized dissemination of material advocating political or ideological positions, or allowing solicitation of people to advocate causes. Requests have come in from various groups asking permission to circulate petitions for causes, or solicit support for causes but these have been denied." Affidavit of Palmer, submitted during the September 2, 1987 evidentiary hearing.
United States Air Force Chief of Staff, General Larry D. Welch, made the following declaration pursuant to 28 U.S.C. § 1746 on February 2, 1988:
3. "Open House" celebrations are an integral part of the overall Air Force mission, and help provide the vital link of public awareness that is so important to the federal military forces in a democracy;
4. That "Open House" celebrations are oriented toward base-community relations, and that funds expended for this purpose are specifically authorized and tightly budgeted to ensure that the public is well-informed concerning the military forces their tax dollars help to support;
5. That historically, the activities at an "Open House" celebration have centered around static displays of current and historic Air Force aircraft, displays and information concerning weapons carried on the aircraft, and "air shows" by various aerial demonstration units, such as the Thunderbirds;
6. That traditionally, these "Open House" events have invited the public to come to the base, observe the various displays and events, and ask questions of the hosting military unit about their role in the defense of our country;
7. That because of their military missions, even during an "Open House," military authorities are required to exercise a degree of control over their bases that has no counterpart in the public arena. This requirement is necessitated due to the fact that units must be responsive to the national command authority and other appropriate commanders at any moment, a requirement that remains uninterrupted throughout the "Open House" event;
8. That an "Open House" event was never intended to function as an open political forum for the discussion and debate of the important and sometimes divisive political questions of the day, whether related to the role of the military
...
