Certiorari Denied In Scientology Arbitration Case and Falun Gong Leafleting Case

Today's 48-page Order List from the U.S. Supreme Court on its opening day of the term includes the denial of review in two cases of interest:

Church of Scientology v. Bixler (Docket No. 22-60, cert. denied 10/3/2022): In the case, a California state appellate court held that former Church of Scientology members were not bound by their agreement to submit all disputes with the Church to the Church's Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the Church. (See prior posting.)

Zhang Jingrong v. Chinese Anti-Cult World Alliance, Inc. (Docket No. 21-1429, cert. denied 10/3/2022) and Chinese Anti-Cult World Alliance, Inc. v. Zhang Jinrong (Docket No. 21-1556, cert. denied 10/3/2022)- In the case the 2nd Circuit Court of Appeals held that five tables on the sidewalk in Flushing, Queens, New York where Falun Gong adherents passed out flyers and displayed posters were not a "place of religious worship" under the Freedom of Access To Clinics Entrances Act that prohibits intentionally injuring, intimidating, or interfering with anyone who is exercising 1st Amendment religious freedom rights “at a place of religious worship.” In addition, the cross-petition for review raised the issue of the validity of the statute under the commerce clause. (See prior posting.)

Cert. Filed In Scientology Arbitration Case

A petition for certiorari (full text) was filed last week in Church of Scientology International v. Bixler, (cert. file 7/19/2022). In the case, a California state appellate court held that former Church of Scientology members were not bound by their agreement to submit all disputes with the Church to the Church's Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the Church. (See prior posting.) Law & Crime reports on the filing.

Scientology Sued By Plaintiffs Alleging Years Of Abuse As Children

Suit was filed in a Florida federal district court last week under the Trafficking Victims Protection Reauthorization Act against the Church of Scientology by three plaintiffs who allege that they were abused by Scientology as children.  The 90-page complaint (full text) in Baxter v. Miscavige, (MD FL, filed 4/28/2022), alleges in part:

As children, all three Plaintiffs grew up in, and were raised by Scientology. This was not a peaceful or loving environment; instead, it was a world filled with abuse, violence, intimidation, and fear. Defendants considered Plaintiffs to be possessions, void of any rights, whose sole purpose was to serve Defendants. Plaintiffs were placed on a ship they could not leave and routinely punished by being humiliated, interrogated, and imprisoned, for the sole purpose of ensuring Plaintiffs would continue to perform back breaking free labor for the Defendants.

Wonkette reports on the lawsuit.

Former Scientology Members No Longer Bound By Arbitration Agreement

In Bixler v. Superior Court for the State of California, (CA App., Jan. 19, 2022), a California state appellate court, reversing the trial court, held that former Church of Scientology members were not bound by their agreement to submit all disputes with the Church to the Church's Religious Arbitration system when the dispute involves conduct that occurred after plaintiffs left the Church. Plaintiffs reported to the police that "That 70’s Show" star Danny Masterson, who was also a Scientology member, had raped them. In retaliation for their reporting, plaintiffs claim that the Church encouraged its members to engage in an elaborate harassment campaign using the Church's so-called Fair Game tactics. The court summarized its holding:

Individuals have a First Amendment right to leave a religion. We hold that once petitioners had terminated their affiliation with the Church, they were not bound to its dispute resolution procedures to resolve the claims at issue here, which are based on alleged tortious conduct occurring after their separation from the Church and do not implicate resolution of ecclesiastical issues.

New York Post reports on the decision.

First Ever Scientology Arbitration Award Upheld By 11th Circuit

In Garcia v. Church of Scientology Flag Service Organization, Inc., (11th Cir., Nov. 2, 2021), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, affirmed a district court decision refusing to vacate a arbitration award made under arbitration agreements between the Church of Scientology and two of its former members. After Luis and Maria Garcia were expelled from the Church as "suppressive members", they unsuccessfully sought refunds of their donations and payments. They then sued in federal court seeking $400,000 in damages. The district court compelled arbitration, and the arbitrators awarded the Garcia's only $18,495 in refunds in the first arbitration in the history of the Church of Scientology. The Garcia's unsuccessfully challenged the validity of the arbitration agreement and the conduct of the arbitrators.

On appeal to the 11th Circuit, the majority rejected the argument that the arbitration agreements were procedurally unconscionable because they did not adequately disclose the procedures that would govern the arbitration. The agreements provided that the arbitration would be “conducted in accordance with Scientology principles” by arbitrators who were “Scientologists in good standing with the Mother Church.” They also rejected the claim of substantive unconscionability.  The Garcia's argued that Scientology doctrine prevented a fair hearing for suppressive members.  The Church disagreed.  The court concluded that the 1st Amendment prevents civil courts from resolving disputes about church doctrine.

Judge Rosenbaum dissented, contending in part:

[T]he arbitration agreement is not a valid agreement to arbitrate. Rather, in requiring the Garcias to agree to be governed at arbitration by rules that did not exist and would be devised by the Church and evolve while the arbitration proceeded, the arbitration agreement was as one-sided and unconscionable as an arbitration agreement can be.

News Service of Florida reports on the decision.

Russia Labels Church of Scientology As "Undesirable" Organization

As reported by the Moscow Times, last Friday the General Prosecutor's Office of the Russian Federation designated the Church of Scientology as non-governmental organizations that are "undesirable" in the territory of the Russian Federation. (Press Release in Russian). The designation applies to both the World Institute of Scientology Enterprises and the Church of Spiritual Technology (L. Ron Hubbard Library). According to the Moscow Times:

Under the law, participants in “undesirable” groups' activities can be punished by up to four years in prison and organizers can receive up to six years.

Since 2007, the Russian government has taken various moves against the Moscow and St. Petersburg branches of Scientology.

Stalking Suit Against Church of Scientology and Actor Must Go To Arbitration

Variety  and Vanity Fair report on an Order issued on Dec. 27 by a Los Angeles Superior Court trial judge in a civil suit brought by several women against actor Danny Masterson and the Church of Scientology. The court held that the suit must be arbitrated through the Church of Scientology because of an existing arbitration between the parties. As summarized by Vanity Fair:

The suit was initially filed in August 2019 by Chrissie Carnell Bixler; her husband, Cedric Bixler-Zavala; Marie Bobette Riales; and two Jane Does. It claims that agents working for the church stalked and intimidated them after they reported assault allegations against Masterson [a member of the Church of Scientology] to the police....

Carnell Bixler claims in the lawsuit that Masterson sexually assaulted her multiple times while they were dating in 2001 and 2002. After she reported the assault to the police, her husband alleges in the suit, “agents of the defendants” poisoned their dogs, assaulted them with cars, and made harassing phone calls.... The judge’s ruling will not apply to plaintiff Bobette Riales as she was not a member of the Church of Scientology.

Former Scientology Adherent Sues Claiming False Imprisonment, Human Trafficking and More

A lawsuit was filed on Tuesday in a California state trial court against the Church of Scientology and its leader David Miscavige by a woman who was born to Scientologist parents and escaped the organization only as an adult.  The complaint (full text) in Doe v. Church of Scientology International, (Los Angeles Super. Ct., filed 6/18/2019), alleges causes of action for false imprisonment, kidnapping, stalking, defamation, invasion of privacy, infliction of emotional distress, human trafficking, violations of California's labor laws, and fraud. The complaint alleges in part:

The Church of Scientology presents a façade to the outside world to disguise what in reality is nothing more than a cult built on mind control and destruction of the independence and self-control of those drawn into its sphere. Scientology and its leaders use religious rhetoric to lure trusting and unsuspecting individuals seeking to better themselves into its corporations. Once in CSI, members are isolated from the outside world, their access to information is heavily monitored and controlled, and they are subject to physical, verbal, psychological, emotional and/or sexual abuse and/or assault. Their assets are also targeted by CSI, which calibrates its member services according to the wealth of each member.

NBC News reports on the lawsuit.

Church of Scientology Settles Lawsuit

AP reports that the Church of Scientology yesterday settled a lawsuit that had been brought against it in California state court by former church member Laura Ann DeCrescenzo.  Plaintiff, who began to volunteer for the Church at age 6 or 7 and later became a member of its elite Sea Org, alleges that she was forced to work long hours before she was a teen and was forced to have an abortion at age 17.  (See prior posting.) The terms of the settlement are confidential.

Former Employees Sue Claiming They Were Required To Participate In Scientology Traininig

According to yesterday's Madison County Herald Bulletin, Paul and Chelsea Wysong who are former employees of the Anderson, Ohio-based Continental Design Co. filed a religious discrimination lawsuit in state court in Darke County, Ohio last week.  Plaintiffs charged that company CEO Judy Nagengast required them to participate in Scientology religious practices, such as audits and training. They were told to attend Scientology courses in California, Indiana and Florida. Nagengast denies the allegations and said she plans a counter-suit.

Lawyers Battle Over Upcoming Series On Scientology

On Nov. 29, the A&E Network will premiere the series "Leah Remini: Scientology and the Aftermath."  Since August the Church of Scientology has been sending letters to A&E and its parent ABC attempting to prevent the series from being aired. This week The Underground Bunker published 4 letters-- two from Leah Remini’s attorney Douglas E. Mirell, and replies from Scientology attorney Gary S. Soter summarizing them as follows:

In the exchange, Mirell calls Pouw’s many letters to A&E libelous and defamatory, accusing the church of maliciously trying to harm Remini’s reputation and interfere with her contract with A&E. Mirell demands that Scientology retract the letters and pay Remini $1.5 million as compensation. Soter, in his two replies, said the church would pay nothing and it stood by what it said about Remini.

Suit Claims Employer Required Watching of Scientology Based Videos

Yesterday's Las Vegas Review-Journal reported on an employment discrimination lawsuit filed April 26 against Real Water, a water bottling company owned by a member of the Nevada legislature.  Former "brand ambassador" Grecia Echevarria-Hernandez, a Catholic, alleged that company owner Brent Jones required her to watch self-improvement courses based on Scientology in order to qualify for raises or promotion.  She refused to do so.  Eventually she was fired. She claims this was because of her differing religious views.

One Suit Against Scientology Proceeds As Leader Threatens Another (Unrelated) Lawsuit

In Los Angeles yesterday, a California state trial court judge refused to dismiss a suit brought against the Church of Scientology International and its Religion Technology Center by former church member Laura Ann DeCrescenzo.  According to MyNews L.A., plaintiff, who began to volunteer for the Church at age 6 or 7 and later became a member of its elite Sea Org, alleges that she was forced to work long hours before she was a teen and was forced to have an abortion at age 17.  The suit also sets out claims of false imprisonment, intentional infliction of emotional distress, unfair business practices and wage-and-hour violations.

Meanwhile, lawyers for Scientology's leader David Miscavige are threatening to file suit against the publisher of a book coauthored by Miscavige's own father titled Ruthless: Scientology, My Son David Miscavige, and Me. According to the Christian Examiner, the book is scheduled to be released in the United Kingdom next week. A demand letter from Miscavige's lawyers says that the book contains false, malicious, misleading and highly defamatory statements.

Russian Court Says Scientology Does Not Qualify As A Religious Organization

In Russia, the Moscow City Court yesterday in affirming a lower court decision backed the Ministry of Justice's efforts to close down the Church of Scientology.  According to AFP, the court ruled that since the Church has registered its name as a trademark in the United States, it cannot call itself a religious organization. The Church says it will appeal to Russia's Supreme Court.

Scientology Cannot Get Dismissal of Harassment Suit Under Texas Anti-SLAPP Statute

In Sloat v. Rathbun, (TX App., Nov. 6, 2015), a Texas appellate court held that the Church of Scientology and its officials cannot invoke the Texas Citizens Participation Act (TCPA) to obtain dismissal of a lawsuit against them alleging intentional infliction of emotional distress, invasion of privacy and tortious interference with contract. TCPA is designed to allow rapid dismissal of unmeritorious lawsuits challenging individuals' exercise of their rights of speech, petition or association.  Here plaintiff, the wife of a former high ranking Scientology official who spoke out against Scientology, claims that the Scientology defendants subjected her to relentless abuse, harassment and surveillance.  The court held that defendants have not shown that the alleged activities relate to the exercise of free speech or the rights of association or petition:

[With one exception]  the Scientology Defendants do not directly address the specific conduct Rathbun complains of, which includes following her while she went to and from work, shopping, out to dinner with friends, and walking her dog. Nor do they explain how alleged visits to Rathbun’s family members, friends, and coworkers during which they allegedly gave warnings about Rathbun’s personal safety while married to Marty Rathbun, constitute conduct covered by the TCPA. Moreover, other than deny having done so, the Scientology Defendants do not address Rathbun’s allegations that they sent a sex toy to her at work and sent flowers with a “romantic” message purportedly from her to a female co-worker.

Courthouse News Service reports on the decision.

Dutch Appeals Court Denies Scientology Tax Exempt Status

In the Netherlands last Wednesday, a Dutch appellate court held that the Church of Scientology has not carried the burden of showing that it qualifies as a tax exempt public benefit organization.  The full text in Dutch of the Oct. 21 decision by the Court of the Hague is available online. As explained by The Underground Bunker, under Dutch law, an organization must show that 50% of its activities have a public benefit in order to obtain tax exempt status. The Dutch Supreme Court had remanded Scientology's case to the appellate court to determine if this criterion was met.  The appeals court concluded that over half of Scientology's activity in Amsterdam involved auditing and training courses offered at high prices. This suggests that private commercial interests were being served more than the public interest.

Suit Claims Drug Treatment Center Uses Scientology Rituals

Yesterday's Santa Cruz Sentinel reports on a lawsuit filed last month in a California federal district court against Narconon drug rehabilitation centers (and related entities) alleging that they falsely represent their success rate and are used to recruit people into the Church of Scientology. The class action complaint (full text) in Burgoon v. Narconon of Northern California, (ND CA, filed 3.25/2015), alleges false advertising, deceptive trade practices, negligent misrepresentations and breach of contract.  Among the key allegations in the complaint is:

Defendants represented, through their advertising and other express representations, that the drug rehabilitation services they offered were “secular” and not associated with any religion when, in fact, their treatment program required the Plaintiff and Class Members to study Scientology and engage in Scientology religious rituals as “treatment.”

A similar lawsuit was filed in Michigan in January against a Narconon Center there. (See prior posting.)

Ex-Scientologists Must Submit Fraud Claims To Internal Arbitration

A Florida federal district court last Friday ruled that two former members of the Church of Scientology who are suing for return of over $400,000 in donations and deposits for services they made to the Church are bound by the arbitration clause in some 40 Enrollment Applications they signed.  In Garcia v. Church of Scientology Flag Service Organization, Inc., (MD FL, March 13, 2015), plaintiffs claimed they were fraudulently induced into contributing substantial sums and that they paid some $69,000 in deposits toward services that were never provided. (See prior posting.) The court held that neutral principles of Florida law can be applied to determine the enforceability of the arbitration clause without impermissibly deciding religious doctrine.

The court rejected plaintiffs' claim that the arbitration clauses that relegated plaintiffs' to the Church's internal arbitration procedures are procedurally unconscionable. It held that even though the Church did not have detailed arbitration rules, the procedures in the Enrollment Applications are minimally adequate. It also concluded that the clauses are broad enough to cover all disputes, not just those related to the Enrollment Applications.

Finally the court held that the First Amendment precludes it from considering plaintiffs' claim that they cannot receive a fair hearing because they have been declared "suppressive" by the Church, and Scientologists in good standing are prohibited by Church doctrine from communicating with suppressive individuals. The court said:

As compelling as Plaintiffs' argument might otherwise be, the First Amendment prohibits consideration of this contention, since it necessarily would require an analysis and interpretation of Scientology doctrine. That would constitute a prohibited intrusion into religious doctrine, discipline, faith, and ecclesiastical rule, custom or law by the court....

Tampa Bay Times and The Underground Bunker report on the decision.

Sundance Film Festival Features Documentaries on Controversial Religious Groups

This year's Sundance Film Festival began on Jan. 22 and runs until Feb. 1 in Park City, Utah.  Among the Documentary Premieres are two films that deal with controversial religious groups:

• Going Clear: Scientology and the Prison of Belief (reviewed by AP )
• Prophet's Prey (reviewed by Variety)

Suit Alleges That Drug Treatment Center Is Front For Scientology Indoctrination

MLive reports that a lawsuit was filed in a Michigan federal district court on Wednesday against Narconon Freedom Center in Albion, Michigan, alleging that the Center's drug rehabilitation program is used "to introduce Scientology and L. Ron Hubbard's 'technology' to unwitting patients." The suit, seeking $75,000 in damages, was brought by Lauren Prevec, a former patient at the Center.