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1st Circuit: Puerto Rican bar association cannot compel members to buy insurance, must pay damages

By Alliance Alert

Brown v. Colegio, No. 08-2432 (1st Cir. July 23, 2010) "This court held that the First Amendment allowed Colegio to compel its members to purchase life insurance only if this was germane to the purposes that justify compelling membership in an integrated bar association ... the district court then held that the life insurance program was not germane and was therefore unconstitutional, awarded Romero damages--the amount of his dues attributable to the life insurance program since he had initially objected--and entered an injunction "prohibit[ing] [Colegio] from collecting . . . that portion of his future annual dues attributable to the Colegio's mandatory group life insurance program. ... After Romero, Colegio did not fully advise its members that they no longer had to buy insurance, threw obstacles in front of those trying to opt out, and delayed refunds. In fact it moved to disbar one member who refused to pay the portion of his dues attributable to the program. ... We affirm the district court's declaration of liability and its grant of injunctive relief but vacate its judgment insofar as it determines the amount of damages, and remand to allow notice to be given to class members including their right to opt out of the class."

Full post as published by Constitutionally Correct on July 26, 2010 (boomark / email).