Watchtower Bible And Tract Society of New York v. Municipality of Aguada
3:16-cv-01207
| D.P.R. | Feb 10, 2016Background
- Plaintiffs (Watchtower Bible and Tract Society and a Jehovah’s Witness congregation) sued 38 Puerto Rico municipalities under 42 U.S.C. § 1983, alleging violation of First Amendment free speech and free exercise rights by denying access to public streets inside gated communities.
- Plaintiffs sought declaratory relief, a preliminary injunction, and a temporary restraining order (TRO) to permit time-sensitive door-to-door religious ministry tied to an upcoming religious observance.
- The court found Plaintiffs likely to succeed on the merits based on First Circuit precedents recognizing Jehovah’s Witnesses’ right to access public streets in controlled-access communities, but declined to adopt an immediate island-wide remedial scheme identical to Watchtower Phase I via an emergency TRO.
- Because imminent irreparable harm from the upcoming religious event was identified, the court granted a narrowly tailored TRO: municipalities must allow access to a list of specific gated communities for one day (Feb 18, 2016) with municipal police or representatives present. Bond was waived.
- The court set a March 15, 2016 deadline: each municipal defendant must either (a) concede and implement the remedial scheme adopted in Watchtower Phase I or (b) answer or move to dismiss and proceed to litigate; failure to do either would be treated as concession leading to preliminary injunctive relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiffs likely to succeed on First Amendment merits | Plaintiffs: prior First Circuit rulings establish right to access public streets in gated communities for religious speech | Municipalities: (implicitly) contest breadth/implementation of remedial scheme and due process for municipalities/residents | Court: Likelihood of success favors Plaintiffs based on First Circuit precedent (Watchtower decisions) |
| Whether irreparable harm exists absent relief | Plaintiffs: time-sensitive religious observance makes harm imminent and irreparable | Municipalities: argue need for deliberative remedial implementation and public safety concerns | Court: Irreparable harm present but remedial scheme must be implemented carefully; limited one-day TRO granted |
| Appropriateness of issuing an island-wide TRO/preliminary injunction immediately | Plaintiffs: seek immediate broad TRO mirroring Watchtower Phase I relief | Municipalities: need time to implement plans, educate residents, and exercise due process | Court: Broad, immediate TRO denied as impracticable; limited, one-day TRO granted and preliminary injunction held in abeyance pending March 15 responses |
| Remedy and process for implementing Watchtower Phase I directives across dozens of municipalities | Plaintiffs: seek prompt application of Phase I remedial scheme to all named municipalities | Municipalities: require time to create action plans, enforce compliance, possibly litigate applicability | Court: Ordered service of Phase I directives, set March 15 deadline to either accept those directives or litigate; offered compliance period and warned of consequences for non-response |
Key Cases Cited
- González-Droz v. González-Colón, 573 F.3d 75 (1st Cir.) (TRO factors)
- Weinberger v. Romero-Barceló, 456 U.S. 305 (1982) (equitable discretion in injunctions affecting public interest)
- Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008) (preliminary injunction standards)
- Bl(a)ck Tea Soc’y v. City of Boston, 378 F.3d 8 (1st Cir.) (speech burdens and TRO impracticability)
- Elrod v. Burns, 427 U.S. 347 (1976) (governmental abridgment of speech causes irreparable injury)
- Watchtower Bible & Tract Soc’y of N.Y. v. Sagardía de Jesús, 634 F.3d 3 (1st Cir.) (control-access law as applied; access to urbanizations for Jehovah’s Witnesses)
- Watchtower Bible & Tract Soc’y of N.Y. v. Mun. of San Juan, 773 F.3d 1 (1st Cir.) (affirming remedial scheme on remand)
- Crowley v. Local No. 82, 679 F.2d 978 (1st Cir.) (district court discretion to waive bond)
- Brown v. Board of Education, 349 U.S. 294 (1955) (remedial implementation “with all deliberate speed")