Monday, November 07, 2011

Supreme Court Refuses Review In Jehovah's Witness Challenge To Controlled Access Law

The Supreme Court today denied certiorari in Watchtower Bible and Tract Society of New York, Inc. v. Segardia de Jesus, (Docket No. 11-26, cert. denied 11-7-2011). (Order List). In the case, the 1st Circuit dismissed a facial challenge brought by the Jehovah's Witnesses to Puerto Rico's Controlled Access Law, but vacated the trial court's order denying injunctive and declaratory relief on an "as applied" challenge to the law. The challenged statute -- a crime control measure-- authorizes municipalities to grant permits to neighborhood homeowners' associations (urbanizations) so they can control vehicular and pedestrian access to the neighborhood. The Jehovah's Witnesses say this has prevented them from entering neighborhoods to engage in religious proselytizing. (See prior posting.)