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Jehovah's Witnesses Lose Challenge To Puerto Rico Controlled Access Laws

By Howard M. Friedman

In Watchtower Bible Tract Society of New York, Inc. v. Sanchez-Ramos, 2009 U.S. Dist. LEXIS 69837 (D PR, Aug. 10, 2009), a federal district court in Puerto Rico rejected an "as applied" constitutional challenge by Jehovah's Witnesses to a Puerto Rico law that permits neighborhoods to close off access to streets by using walls and gates. Controlled access communities often exclude Jehovah's Witnesses who wish to proselytize door-to-door. The court rejected plaintiffs' speech, press and free exercise of religion challenges, finding that the Controlled Access Laws are content neutral and narrowly tailored to further an important governmental interest in preventing crime. The laws also leave open other channels of communication, such as mail, e-mail, telephone and television. The court also rejected plaintiffs' freedom of association, unreasonable search and seizure, right to travel and due process claims. (See prior related posting.)

Full post as published by Religion Clause on August 14, 2009 (boomark / email).