Watchtower Bible And Tract Society of New York et al v. Municipality of Aguada et al

Filing 14

OPINION, ORDER AND TEMPORARY RESTRAINING ORDER: Granting in part and Denying in part 2 Motion for Temporary Restraining Order; Holding in Abeyance 2 Motion for Preliminary Injunction, until March 15, 2016, whereupon Defendant Municipalities must SHOW CAUSE. Granting 7 Motion to Appear PHV; Granting 8 Motion to Appear PHV. Signed by Judge Gustavo A. Gelpi on 2/10/2016. (MET)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF PUERTO RICO

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WATCHTOWER BIBLE TRACT
SOCIETY OF NEW YORK, INC., et al.,
Plaintiffs,
CASE NO. 16-1207 (GAG)
v.
MUNICIPALITY OF AGUADA, et al.,
Defendants.

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OPINION, ORDER AND TEMPORARY RESTRAINING ORDER

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On February 4, 2016, Watchtower Bible And Tract Society of New York and

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Congregación Cristiana de los Testigos de Jehová (collectively “Plaintiffs”) filed suit against the

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following Municipalities: Aguada, Aguas Buenas, Añasco, Arecibo, Barceloneta, Cabo Rojo,

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Camuy, Canóvanas, Carolina, Cataño, Cayey, Cidra, Coamo, Corozal, Fajardo, Florida, Guánica,

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Guayama, Hatillo, Hormigueros, Humacao, Isabela, Juana Díaz, Loíza, Luquillo, Manatí,

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Mayagüez, Naguabo, Patillas, Río Grande, Salinas, San Germán, San Lorenzo, Toa Alta, Toa Baja,

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Vega Alta, Villalba and Yabucoa (hereinafter “Defendant Municipalities”),1 alleging violations of

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their right to free speech and free exercise of religion, under the First and Fourteenth Amendments

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of the Constitution of the United States, pursuant to 42 U.S.C. § 1983. (Docket No. 1.) Plaintiffs

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request that the Court issue a declaratory judgment and grant a temporary restraining order

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The various Defendant-Municipalities herein comprise a majority of the remaining municipal entities
in the Commonwealth of Puerto Rico, not named in the complaint in Case No. 04-1452, which included as
defendants the municipalities of Bayamón, Caguas, Dorado, Gurabo, Guaynabo, Ponce, Trujillo Alto, San Juan,
Santa Isabel, Vega Baja and Yauco.
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(“TRO”), as well as preliminary and permanent injunctive relief mandating that the named

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defendants comply with the terms of the permanent injunctive relief issued in Watchtower Bible

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and Tract Soc’y of New York v. Mun. of Santa Isabel, Case No. 04-1452 (“Watchtower Phase I”).

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After careful consideration, the Court GRANTS in part and DENIES in part Plaintiffs’

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Request for Temporary Restraining Order at Docket No. 2. Plaintiffs’ Request for Preliminary

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Injunction is hereby HELD IN ABEYANCE until March 15, 2016 for the reasons and directives

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set forth below.

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I.

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A TRO is an extraordinary remedy that should not be granted unless the movant proves the

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following elements: “(1) the plaintiff’s likelihood of success on the merits; (2) the potential for

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irreparable harm in the absence of an injunction; (3) issuing an injunction will burden the

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defendants less than denying an injunction would burden the plaintiffs; and (4) the effect, if any,

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on the public interest.” See González-Droz v. González-Colón, 573 F.3d 75, 79 (1st Cir. 2009).

Standard of Review

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The Supreme Court has recognized that “[t]he award of an interlocutory injunction by

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courts of equity has never been regarded as strictly a matter of right, even though irreparable injury

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may otherwise result to the plaintiff,” and that where an injunction will adversely affect a public

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interest for whose impairment, even temporarily, an injunction bond cannot compensate, the court

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may withhold relief until a final determination of the rights of the parties, though the postponement

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may be burdensome to the plaintiff.” Weinberger v. Romero-Barceló, 456 U.S. 305, 312-13

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(1982) (internal quotations omitted).

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II.

Legal Analysis

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“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter

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v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). “In each case, courts must balance the

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competing claims of injury and must consider the effect on each party of the granting or

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withholding of the requested relief.” Id. (internal quotations omitted).

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1. Likelihood of success on the merits

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This factor weighs in favor of Plaintiffs given the doctrine of stare decisis (i.e., First

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Circuit Opinions in Watchtower Bible and Tract Soc’y of New York v. Sagardía de Jesús, et al.,

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634 F.3d 3 (1st Cir. 2011) (finding Puerto Rico’s control access law constitutional as applied and

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recognizing that Jehovah’s Witnesses are allowed to enter urbanizations to engage in

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constitutionally protected activity), reh’g denied, 638 F.3d 8, cert. denied, 132 S. Ct. 549 (2011);

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and Watchtower Bible and Tract Soc’y of New York v. Mun. of San Juan, 773 F.3d 1 (1st Cir.

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2014) (affirming the District Court’s remedial scheme crafted on remand) cert. denied, 135 S. Ct.

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2395 (2015)).

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Witnesses’ right to free speech and exercise of religion on public property, and finds that Plaintiffs

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are likely to succeed on the merits.

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2. Irreparable Harm

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Plaintiffs claim they risk irreparable harm absent injunctive relief in light of their upcoming

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religious activity, an annual worldwide campaign to invite their neighbors to attend the Memorial

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of Christ’s death, an activity catalogued as the most sacred event of their religious practice.

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(Docket No. 2 at 24.) Thus, Plaintiffs argue that in view of the upcoming religious activity,

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imminent and irreparable harm will result if Jehovah’s Witnesses are not allowed to engage in their

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time-sensitive religious speech in public streets. Id. at 25. “A burden on protected speech always

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causes some degree of irreparable harm.” Bl(a)ck Tea Soc’y v. City of Boston, 378 F.3d 8, 15 (1st

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Cir. 2004) (citing Elrod v. Burns, 427 U.S. 347, 373-74 (1976)). Notwithstanding the above, the

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Court notes that this very harm is present, and will continue to be present, absent a comprehensive

The Court also considers the fundamental constitutional rights involved, the

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remedial scheme that is fully incorporated from start to finish, as with the original Defendant

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Municipalities in Watchtower Phase I.

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3. Public Interest

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“[A] determination of the public interest necessarily encompasses the practical effects of

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granting or denying preliminary injunctive relief.” Bl(a)ck Tea Soc’y, 378 F.3d at 15. There is

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significant public interest in that Jehovah’s Witnesses engage in free speech and exercise religious

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faith in all public areas. As the Court has mentioned in the past, this is the same First Amendment

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right Catholics exercise when they partake in Via Crucis processions in public streets during Holy

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Week, (see Case No. 04-1452, Docket No. 1512), and politicians who go door-to-door greeting

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constituents while campaigning for primaries and general elections, as will occur in the upcoming

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months. See id. at Docket No. 1074.

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4. No other adequate remedy at law

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There is no other remedy at law. Plaintiffs do not seek monetary damages. The singular

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relief sought is injunctive relief granting them access to public streets within gated communities.

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5. Weighing of the equities

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At first, the Court’s remedial scheme in this case may seem as simple as ordering relief

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identical to that in Watchtower Phase I. The task at hand, however, is much more complex. This

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case is not simply about adopting overnight the orders of the First Circuit and this Court. It is

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about implementing an already-established remedial scheme in dozens of municipalities across the

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island —a challenge that took considerable time for the Court to create and implement in

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Watchtower Phase I. (See e.g. Case No. 04-1452, Docket Nos. 1083 & 1118 (Court monitoring

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enforcement and compliance by Defendant Municipalities)).

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The scheme’s implementation was not all in a day’s work; instead, it took months to get a

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majority of the Municipal Defendants in compliance. The remedial scheme has indeed worked

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effectively, but success did not occur overnight. As the Plaintiffs well know, a municipality has to

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enact an action plan, and enforce the same, opening gates to non-complying urbanizations.

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Granted, in Watchtower Phase I the Court did impose strict deadlines, yet attaining compliance

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was an uphill battle. Eventually, sanctions were imposed for each day of non-compliance. Id. at

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1264. In fashioning the remedial scheme, the undersigned conducted an in-depth study and

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ultimately crafted a scheme that met Plaintiffs’ requests and guaranteed their constitutional rights.

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In doing so, the Court weighed in on lists of each municipalities’ gated communities, both manned

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and unmanned; ordered Municipalities to direct and ensure all manned communities grant

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Jehovah’s Witnesses unfettered access; ordered the Defendant Municipalities to direct and ensure

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all unmanned communities provide beepers and keys to Jehovah’s Witnesses; and most

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importantly, afforded Defendant Municipalities adequate opportunity to educate its citizenry.

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In addition, a significant amount of time and effort was devoted to handling issues that

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arose with some municipalities and urbanizations that were hesitant to comply with the Court’s

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orders.2 Mindful of the public opposition triggered by the case, and in an effort to educate the

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public on the subject of Plaintiffs’ constitutional rights, the undersigned embarked on a more

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informative approach when issuing its Orders. In an Order dated May 6, 2013, the undersigned

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outlined the procedural history and applicable law regarding the rights of Jehovah’s Witnesses to

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access public streets in Puerto Rico. (See Case No. 04-1452, Docket No. 1074.) In said Order, the

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Court addressed many of the public’s concerns regarding the Court’s Orders granting the

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Even at the present, the Court is still addressing issues in Watchtower Phase I. Next Wednesday the
undersigned, while sitting in Ponce, will hear summary judgment oral arguments as to whether the streets of
Estancias del Golf Club in the Municipality of Ponce are public or wholly private. See Case No. 04-1452,
Docket No. 1692.
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Witnesses public access to gated communities.

The Court gave a detailed explanation of

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Jehovah’s Witnesses’ right to free speech and free exercise of religion under the First Amendment.

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Id. The Court also addressed concerns of public safety.

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The Court has not granted unfettered access to violent criminals, nor should any
knowledgeable or reputable person spread such fear. The gates were erected as a
means to reduce crime on the island. Since the enactment of the Control Access
Law, crime has not substantially abated on the island. The Court is not aware of a
single instance in which any Jehovah’s Witness has been charged or convicted of a
crime while expressing his or her religious beliefs. The Jehovah’s Witnesses enjoy
the same First Amendment rights as all residents of Puerto Rico. If access to public
streets can be denied to them, then access can be denied to anyone. For example, an
aspiring politician will be barred from going door-to-door seeking endorsements.
Likewise, the press could also be prevented from entering a gated community to
cover the reactions of residents to a court ruling, as that in this case. More so,
during Easter, Catholics could similarly be barred from participating in a Via Crucis
on public streets.

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Watchtower, 2013 WL 1908307, at *3 (D.P.R. May 6, 2013). The Court also noted that “the

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Commonwealth of Puerto Rico, as part of the greatest Democracy of our time, guarantees every

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one of its citizens’ religious, political, social and other precious freedoms. Even today, many

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nations of the world inadequately protect, or worse, fail to protect, these rights that we often take

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for granted.” Id. at 4. The Court went further, reflecting on the public disagreement caused by the

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Watchtower litigation and reminded and cautioned that this historical litigation “demonstrates this

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Nation’s deep history of protecting civil liberties. Any antipathy by individual residents of gated

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communities towards Jehovah’s Witnesses or members of any other religious faith should yield to

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common sense and respect for the Rule of Law, product of the United States and Puerto Rico

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Constitutions.” Id. (emphasis in original).

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As in Watchtower Phase I, the parties, individual urbanizations and the Court will have to

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focus on multiple non-compliance issues, requests for contempt and other actions. However, the

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initial Order the Court issues today with specific directives, will avoid confusion by allowing the

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parties to focus on the issues relevant for permanent injunctive relief, and separating those
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municipalities that are willing to comply with the law from those who are not willing or want to

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exercise their right to litigate the matter further. It is the Court’s perception that in the case of the

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Defendant Municipalities in Watchtower Phase I, time to carefully implement all Court orders has

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been Plaintiffs’ greatest ally. Religious intolerance has subdued via the use of the federal court.

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The public has realized that, like every citizen, Jehovah’s Witnesses enjoy the same constitutional

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rights, and the Witnesses enjoy their door-to-door apostolate. When a given urbanization does not

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comply, the federal court does not hesitate to give the parties their day in Court.

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As in Brown v. Board of Education, Plaintiffs’ First Amendment rights to free speech and

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free exercise of religion shall be afforded with “all deliberate speed.” 349 U.S. 294, 301 (1955).

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The Court intends to address all matters accordingly. But all deliberate speed requires this Court

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to implement a constitutional remedial scheme in the most effective manner, not simply in the

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quickest manner, which may later prove futile.

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By weighting all the factors described above, the Court finds that Plaintiffs’ TRO request is

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not the appropriate vehicle to implement such a comprehensive remedial scheme as this matter

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warrants, as implemented in Watchtower Phase I. Similarly, issuing a preliminary injunction

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within such a brief period will, in the Court’s experience, work against the implementation of such

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a scheme. See Bl(a)ck Tea Soc’y, 378 F.3d at 15 (affirming the District Court’s denial of TRO

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request for injunctive relief on First Amendment protected speech ground and recognizing

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“impracticability of eleventh-hour injunctive relief.”). Consequently, Plaintiffs’ TRO as requested

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is denied.

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Notwithstanding the above, because actionable and irreparable harm is imminent given the

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Witnesses’ upcoming holiday, the Court hereby grants Plaintiffs a TRO in a limited fashion,

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specifically tailored to address and tend to their protected religious-speech, while at the same time

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guaranteeing the Municipal Defendants’ right to due process. The Court, in an effort of balancing

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the parties’ respective rights, will order the Defendant Municipalities to grant Jehovah’s Witnesses

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access to the urbanizations listed in Plaintiffs’ request for TRO. This access will be granted for

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one day.

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physically present at the entrance of each gated community to ensure Jehovah’s Witnesses are

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allowed access and can engage in their door-to-door ministry. In the alternative, the municipal

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personnel may, prior to February 27, 2016, inform in person each of the named gated communities

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that on said date and times they must allow the entry of Jehovah’s Witnesses.

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Municipal police and/or representative(s) of each municipal government shall be

For the reasons explained above, Plaintiffs’ request for TRO is hereby GRANTED in part
and DENIED in part as follows:
III.

Temporary Restraining Order and Directives

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Since it appears that Plaintiffs will suffer immediate and irreparable injury before this

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litigation moves forward, the Court hereby issues the following Temporary Restraining Order and

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thus ORDERS that:

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1. For the purpose of safeguarding Jehovah’s Witnesses’ protected speech, pending the

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preliminary injunction and until further orders of the Court, Defendant

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Municipalities, their officers and any other persons in active concert and

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participation with them are hereby ordered to provide and ensure that Jehovah’s

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Witnesses have access to the controlled access urbanizations listed below, on

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Saturday, February 27, 2016 from 8:00A.M. to 5:00P.M. Municipal police and/or

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representative(s) of each municipal government shall be physically present at the

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entrance of their gated communities to ensure Jehovah’s Witnesses are allowed

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access and can engage in their door-to-door ministry.

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In the alternative, the

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municipal personnel may, prior to February 27, 2016, inform in person each of the

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named gated communities that on said date and times they must allow the entry of

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Jehovah’s Witnesses.3
2. The instant TRO is granted as to the following gated communities (listed by

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Municipality):

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1) Aguada: Las Casonas (also known as Las Casonas de Aguada), and Las

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Villas Sotomayor (also known as Villas de Sotomayor).

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2) Aguas Buenas: Brisas de Palmasolas (also known as Brisas de Palma Sola or

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Palmasola) and Estancias del Río.

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3) Añasco: Hacienda Libertad, Los Arboles and Paseo del Valle.

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4) Arecibo: Brisas del Mar, Calle Flamingo, Ciudad Atlantis, Colinas de

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Palmarito, Costas del Mar, Estancias Balseiro (also known as Balseiro),

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Haciendas del Mar, Haciendas Monte Verde, Jardines de Betania, Jardines

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del Junco, Los Corales, Los Pinos II, Paseo de los Ángeles, Paseo Esmeralda

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(also known as Paseo La Esmeralda), Paseo Los Húcares, Paseo Los Robles,

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Paseos de la Reina, Reparto Diocesano, Valle Escondido, Villa Lucía, Villa

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Mena, Villas del Remanso, and Vistamar Estates I & II (also known as

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Vistamar Estates).
5) Barceloneta: Brisas del Monte (also known as Monte Brisas) and Cimarrona

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Court.

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As a cautionary note, the Court reminds all parties that the present order only applies to the named
Defendant Municipalities in Case No. 16-1207. The permanent injunctive relief afforded to Plaintiffs in Case
No. 04-1452 is neither altered nor affected by the Court’s ruling. As of this moment, the cases have not been
consolidated therefore they are still separate litigations.
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6) Cabo Rojo: Alturas del Mar, Bello Horizonte, Boquerón Country Club,

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Campo Mar, Estancias de Monte Grande, Estancias de Plan Bonito, Estancias

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Esperidiona y Los Prados (also known as Estancias Esperidiona or Estancias

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de Esperidiona), Estancias Reales de Cabo Rojo (also known as Estancias

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Reales), Hacienda Bonita, Hacienda de la Baume (also known as Hacienda

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de Baume), Haciendas de Cabo Rojo, Joyuda Coast, La Nereidas, Mansiones

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de Cabo Rojo, Mirador del Sol (also known as Mirador del Sol Sector

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Parabuayon), Monika del Mar, Paraíso de Boquerón, Paseo del Duque,

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Paseos de Plan Bonito, Puerta del Combate (also known as Puertas del

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Combate Estates), Quintas de Cabo Rojo, Quintas de Miradero de Cabo Rojo

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(also known as Quintas de Miradero), Reparto Oliveras, Terrazas de

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Boquerón, Veredas del Mar, Villas de Plan Bonito, and Mansiones.

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7) Camuy: Altamonte (also known as Alto Monte), Alturas del Maestro,

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Haciendas Camuy (also known as Haciendas de Camuy), Paseo Las Flores,

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and Hacienda La Sabana.

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8) Canóvanas: Estancias del Río Canóvanas (also known as Estancias del Río),

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Haciendas de Canóvanas (also known as Hacienda de Canóvanas), Las

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Magas, Las Quintas de Altamira Canóvanas (also known as Las Quintas de

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Altamira), Mansiones del Tesoro, and Las Haciendas (also known as Las

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Haciendas de Canóvanas).

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9) Carolina: Colinitas de Cacao, Los Arboles, Quintas de Campeche, Remanso
Taino, Villas del Sol and Hacienda Real.
10) Cataño: Mansiones del Parque (also known as Mansiones).

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11) Cayey: Colinas de Cayey, Colinas View, El Remanso, Hacienda Vistas del
Plata, and Vista Sur Planation & Country Club.
12) Cidra: Brisas de Monticello, Haciendas de Treasure Island, Treasure Island
Gardens (also known as Jardines de Treasure Island), and Bosque Real.

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13) Coamo: Hacienda Miraflores de Coamo (also known as Miraflores), La

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Arboleda, Provincias del Río I (also known as Provincias I), and Provincias

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del Río II (also known as Provincias II).

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14) Corozal: Los Próceres de Corozal (also known as Los Próceres), Vistas del
Río I, Vistas del Río II, and Vistas del Río III.

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15) Fajardo: Mansiones Punta del Este (also known as Mansiones del Este).

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16) Florida: Altos de Florida, Haciendas de Florida, and Reparto Diana.

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17) Guánica: Playa del Sur.

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18) Guayama: Chalets de Brisas del Mar, Hacienda Los Recreos, Reparto La

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Sabana (also known as La Sabana), San Martín (also known as Villas de San

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Martín), Vistamar (also known as Vista Mar), and Camino de la Princesa.

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19) Hatillo: Camino Las Palmas, Colinas de Hatillo, Costa Norte, Estancias de

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Carrizales, Estancias de Palma Gorda (also known as Estancias Palma

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Gorda), Hillside Estates, Mansiones San Antonio, Montemar, Monte Verde,

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Paseo Las Palmas, Paso del Campo (also known as Paseo del Campo), Royal

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View, Valle Verde, Verde Luz, and Villa Gertrudis.

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20) Hormigueros: Mansiones La Monserrate (also known as Mansion de

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Monserrate), Paseo La Ceiba (also known as La Ceiba), Paseo Los

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Peregrinos, and Haciendas Constancia.

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21) Humacao: El Retiro.

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22) Isabela: Llanos de Isabela, Mirador del Cielo, Reparto Durán (also known as

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Rpto. Durán), Sol y Mar, Villas de España (also known as Villas España),

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and Villas de Karen (also known as Villas Karen).

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23) Juana Díaz: Estancias del Río, Hacienda de Casa Blanca, Lago Horizonte

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(also known as Lago Horizonte I), Las Quintas (also known as Las Quintas

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de Jacaguas), Valle Esmeralda, Colinas del Prado and Villas del Prado.

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24) Loíza: Loíza Estates.

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25) Luquillo: Hacienda Paloma II, Luquillo Hills, River Edge Hills, Paisaje del

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Lago and Paisaje del Río.

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26) Manatí: Estancias de Santa Maria, Estancias de Valle Verde, Los Rosales I

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(also known as Los Rosales 1), Los Rosales II (also known as Los Rosales

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2), Quintas Mariana, Reparto Rosello, Santa Teresa, Valle Encantado, Villa

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Forestal, Estancias de Manatí and Porto Fino.

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27) Mayagüez: Colinas de Alturas de Mayagüez (also known as Colinas de

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Alturas), Cumbres de Miradero (also known as Cumbre Miradero or Parque

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Forestal-Cumbres de Miradero), Estancias de San Benito (also known as San

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Benito), Jardines de Guanajibo, Mansiones de España, Parque La Ceiba (also

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known as Parque de la Ceiba), Quintas de Santa María (also known as

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Quintas de Santa María-Extensión), Senderos del Valle, Sonsire Chalets (also

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known as Sunsire Chalets), Villa Capitán (also known as Villa del Capitán),

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Villa Sonsire (also known as Villa Sunsire or Balcones de Villa Sonsire),

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Vista del Mar, and Quintas de Monte Río Mayagüez (also known as Quintas

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de Monte Río).

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28) Naguabo: Hacienda Grande de Naguabo (also known as Hacienda Grande)
and Jardín del Este (also known as Jardines del Este).

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29) Patillas: Solymar Patillas (also known as Solimar).

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30) Río Grande: El Verde Homes, Estancias del Verde, Hacienda Jiménez,

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Hacienda Las Garzas Río Grande (also known as Hacienda Las Garzas),

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Lindo Mar, Montecillo, Villa Cambalache II-A (also known as Villas de

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Cambalache II), Villas del Mar Coco Beach (also known as Coco Beach),

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and Villas del Rey (also known as Hacienda del Rey).

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31) Salinas: Mansiones de Salinas, Marbella, and Solana.

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32) San Germán: Garden Hills.

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33) San Lorenzo: Mansiones de Monte Sereno (also known as Monte Sereno),

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Paseo de las Flores (also known as Paseo las Flores), Portal del Sol, and

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Villas del Hato.

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34) Toa Alta: Alturas de Montecasino, Brisas del Lago, Estancias de San

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Miguel, Hacienda El Pilar, Hacienda Paola, Hacienda Vista Real, Las Villas

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(also known as Villas), Preciosas Vistas del Lago, Quintas de Santa Ana,

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Reparto Valle Verde y Quintas de San Ramón, Terrazas del Toa y La

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Providencia, Terrazas del Toa III (also known as La Tercera Seccion de

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Terrazas del Toa y la La Providencia), Toa Linda, Valle del Paraíso, Veredas

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del Río I, Veredas del Río II, Villas Norel, Woodbridge Park, and Campos

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del Toa.

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35) Toa Baja: Alturas de Covadonga, Alturas Hacienda Dorada, Extensión

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Lagos de Plata (also known as Lagos de Plata), Mansiones del Lago, and

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Pabellones.

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36) Vega Alta: Alturas de Cerro Gordo I y II, Alturas de Cerro Gordo III y IV,

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Coconut Court, Estancias de San Nicolás, Golden Village, Isomar, Ocean

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Breeze, Palmas de Cerrogordo (also known as Las Palmas de Cerro Gordo),

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Residencias del Palmar, The Clusters, and Grand Palm II (also known as also

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known as Grand Palm).

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37) Villalba: Estancias de Santa Rosa.
38) Yabucoa: Valles de Yabucoa.

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3. Because this case involves Plaintiffs’ First Amendment rights and enforcement of

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orders that have already been adjudicated in Plaintiffs’ favor, the Court in its

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discretion waives the posting of a bond. See Crowley v. Local No. 82, Furniture &

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Piano Moving, 679 F.2d 978, 1000 (1st Cir. 1982), rev’d on other grounds, 467 U.S.

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526 (1984) (First Circuit recognition that district court has discretion to waive

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security bond requirement in “suits to enforce important federal rights or public

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interests.”).

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4. Pursuant to Federal Rule of Civil Procedure 65(b), on two days’ notice to Plaintiffs,
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Defendants may appear and request the dissolution or modification of this TRO.
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5. This TRO will expire on Saturday, February 27, 2016, 5:01 P.M., unless within
such time this Order is extended for good cause and/or Defendants consent to an
extension.

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Civil No. 16-1207 (GAG)

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6. Plaintiffs shall serve personally upon all Defendants no later than Friday, February

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12, 2016, 5:00 P.M. a copy of their Verified Motion for a Temporary Restraining

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Order and Preliminary Injunction, as well as the instant Order.

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thereafter notify the Court via informative motion.

Plaintiffs shall

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IV.

Initial Directives

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The named Defendant-Municipalities in this case shall, on or before March 15, 2016,

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SHOW CAUSE as to why they should not be ordered to comply with the constitutional remedy

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fashioned by the United States Court of Appeals for the First Circuit in Watchtower Bible and

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Tract Soc’y of New York v. Sagardía de Jesús, et al., 634 F.3d 3 (1st Cir. 2011) (finding Puerto

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Rico’s control access law constitutional as applied and recognizing that Jehovah’s witnesses are

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allowed to enter urbanizations to engage in constitutionally protected activity), reh’g denied, 638

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F.3d 8, cert. denied, 132 S. Ct. 549 (2011); Watchtower Bible and Tract Soc’y of New York v.

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Mun. of San Juan, 773 F.3d 1 (1st Cir. 2014) (affirming the District Court’s remedial scheme

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crafted on remand) cert. denied, 135 S. Ct. 2395 (2015), and the District Court in Case No. 04-145

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(Docket Nos. 710 (granting declaratory injunctive relief on remand); 718 (entering judgment); 904

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(reiterating First Circuit’s recognition of Plaintiffs’ constitutionally protected right to engage in

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door-to-door ministry); 978 (amended partial judgment as to unmanned urbanizations); 1074

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(Order summarizing the law and court Orders regarding the right of Jehovah’s Witnesses to access

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public streets in gated communities in Puerto Rico, 2013 WL 1908307 (D.P.R. May 6, 2013));

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1173 (Certification of private roads issue to Puerto Rico Supreme Court, 2013 WL 2554879

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(D.P.R. 2013)); 1264 (imposing sanctions against Municipalities for non-compliance); 1478

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(second amended partial judgment on remand)).

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“Watchtower Phase I Directives.”

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These shall be collectively referred to as

Civil No. 16-1207 (GAG)

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Plaintiffs are hereby ordered to serve all Defendants with process, along with copy of

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this Order, as well as the Watchtower Phase I Directives no later than Friday, February 12,

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2016. The Municipal Defendants, on or before March 15, 2016, shall indicate to the Court that

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they concede to and accept that Watchtower Phase I Directives shall apply to them, or that they

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will proceed to litigate the case. The rulings of the First Circuit and this Court pertain to one legal

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issue, namely the Jehovah’s Witnesses’ right to engage in activity protected by the First

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Amendment in public streets located within controlled access communities throughout the various

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municipalities. The First Circuit’s mandate constitutes the applicable constitutional federal “law of

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the land.” It is the controlling law in the District of Puerto Rico, thus, under the doctrine of stare

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decisis, the controlling law must be applied, absent convincing argument to the contrary – quite

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possibly a herculean task.

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On one hand, the Municipalities that agree with the federal appellate and District Court

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mandates shall be afforded a fair opportunity for constitutional compliance as were the Defendant

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Municipalities in Watchtower Phase I. They will be given time to confer with Plaintiffs, making

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reasonable effort to reach agreements as to the terms of each municipality’s action plan. There is

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no reason why this cannot be accomplished within reasonable time.

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imposition of any attorney’s fees, which, as the Municipalities in Watchtower Phase I, can affect

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their respective coffers.

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individually. Defendant Municipalities that are in agreement shall so inform the Court on or

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before March 15, 2016.

This will also avoid

Any issues particular to a given urbanization, shall be addressed

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On the other hand, Municipalities that do not agree with the federal appellate and District

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Court mandates and directives shall answer the complaint and/or move to dismiss the same on or

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before March 15, 2016.

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Civil No. 16-1207 (GAG)

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No extensions to the above March 15, 2016 deadline will be allowed. Any Municipal

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Defendant that does not respond as to either alternative will be considered as having conceded to

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the first alternative and, accordingly preliminary injunctive relief will issue. Compliance with

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these deadlines and directives is imperative, given that now dozens of Municipalities are involved,

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as well as the necessity of Plaintiffs to immediately exercise their First Amendment right to

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religious expression.

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The Court wants to make one thing very clear: the Plaintiffs’ request for TRO has not been

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granted only in part because it lacks merit. To the contrary, the Court is mindful of Plaintiffs’

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likelihood of success. However, the Court understands that, by virtue of the present directives,

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municipalities that want to voluntarily come into compliance with the law of the land can readily

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do so, and those that choose to litigate the matter may. In other words, giving the Municipal

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Defendants thirty days to comply will best serve the public interest by allowing for a uniform

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remedy for all. It will also allow the Court to best use its limited time and resources, given the

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extremely high volume of criminal cases on its docket.

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consolidate this case with Watchtower I. The order shall issue at an appropriate moment.

The Court intends to eventually

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The Court further notes that federal court intervention, now involving a majority of the

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island’s municipalities, could be significantly reduced or even avoided, should the

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Commonwealth’s Legislature enact a comprehensive piece of law addressing the issues resolved

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by the First Circuit and District Court in Watchtower Phase I. Such legislation would put an end to

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this litigation, which ultimately is shouldered by tax payers.

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In addition, Counsel Paul Polidoro and Keturah A. Dunne’s requests to appear pro hac vice

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at Docket Nos. 7 & 8, respectively, are hereby GRANTED. Because the Court will eventually

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consolidate both cases, and because Mr. Polidoro is already appearing pro hac vice in Watchtower

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Civil No. 16-1207 (GAG)

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I, he will not be required to pay the mandatory fee for this case, which is de facto an amended

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complaint adding additional defendants of Plaintiffs’ complaint in Watchtower I. The Clerk of

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Court shall return any such fee paid by Mr. Polidoro in the above-captioned case.

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The Plaintiffs, if not satisfied with this order, may seek reconsideration and propose

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realistic alternatives. However, the thirty days period given to Defendants, plus an additional

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period of sixty days to subsequently implement the Watchtower I scheme will carry the day for all.

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V.

Conclusion

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Accordingly, Plaintiffs’ Request for TRO at Docket No. 2 is GRANTED in part and

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DENIED in part, as detailed in this Order. Plaintiffs’ Request for Preliminary Injunction is

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HELD IN ABEYANCE until March 15, 2016, whereupon Defendant Municipalities must

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SHOW CAUSE.

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SO ORDERED.

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In San Juan, Puerto Rico this 10th day of February, 2016.

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s/ Gustavo A. Gelpí

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GUSTAVO A. GELPI

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United States District Judge

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