Friday, September 23, 2005

Jehovah's Witnesses Lose Facial Challenge To Puerto Rico Controlled Access Law

In an opinion that has recently become available, the federal district court in Puerto Rico last month rejected a facial constitutional attack by Jehovah's Witnesses to the Commonwealth's Controlled Access Law. In Watchtower Bible and Tract Society of New York v. Ramos, 2005 U.S. Dist. LEXIS 20652 (USDC PR, Aug. 9, 2005), the law that permits residential associations to close off neighborhoods in order to prevent crime was upheld against a series of First Amendment claims. Jehovah's Witnesses believe that they have a Bible-based duty to tell others about the contents of the Bible, and do this by going door-to-door in residential neighborhoods. The court rejected plaintiffs' facial challenge that claimed the law violated their speech, press, associational and religious exercise rights, as well as Fourth Amendment and right to travel claims. However, the court allowed plaintiffs' to present further evidence on their claims that the law was unconstitutional "as applied" to them.