OPERATION CLAMBAKE: SCIENTOLOGY COURT FILES

Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)




                 CHURCH OF SCIENTOLOGY OF CALIFORNIA, Plaintiff,
                                       v.
                           Gabriel CAZARES, Defendant.
                               No. 76-86 Civ. T-K.
          United States District Court, M. D. Florida, Tampa Division.
                               Aug. 15, 1978.[FN*]

      FN* Actually signed by Judge Krentzman on August 4, 1978 but filed later.
  Religious corporation brought action against mayor of city asserting that
 mayor had prohibited it from practicing its religion and had made numerous
 false and defamatory statements against it. Defendant made motion for summary
 judgment.  The District Court, Krentzman, J., held that: (1) since there were
 no rights that could not be asserted by an individual or member of religious
 corporation and there was no need for corporation to protect rights of any of
 its members, corporation had no standing to assert First Amendment rights of
 freedom of religion in civil rights action, and (2) alleged defamatory
 statements, constituting merely conclusions or opinions which expressed ideas
 which mayor had concerning religious corporation, a "public figure," could not
 be basis for defamation action.
  Motion granted.

 [1] CONSTITUTIONAL LAW
 Where there were no rights that could not be asserted by an individual or
 member of religious corporation and there was no need for corporation to
 protect rights of any of its members, religious corporation had no standing to
 assert First Amendment rights of freedom of religion in civil rights action.
 42 U.S.C.A. s 1983;  U.S.C.A.Const. Amend. 1.

 [2] CIVIL RIGHTS
 Defamation action brought by religious corporation against mayor of city was
 not appropriate under Civil Rights Act.  42 U.S.C.A. s 1983.

 [3] LIBEL AND SLANDER
 For purposes of defamation action, religious corporation was a "public
 figure" concerning public events which surrounded corporation's purchase,
 occupation and use of hotel.
 See publication Words and Phrases for other judicial constructions and
 definitions.

 [4] LIBEL AND SLANDER
 Alleged defamatory statements, constituting merely conclusions or opinions
 which expressed ideas which defendant had concerning public figure, could not
 form basis for defamation action.
  *420 Tobias C. Tolzmann, Honolulu, Hawaii, John R. Parkhill, Tampa, Fla.,
 for plaintiff.
  Thomas A. Bustin, City Atty., Clearwater, Fla., John T. Allen, Jr., St.
 Petersburg, Fla., Charles W. Pittman, Tampa, Fla., for defendant.
            OPINION GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

  KRENTZMAN, District Judge.
                              STATEMENT OF THE CASE
  This cause is before the Court on defendant's motion for summary judgment and
 partial summary judgment upon the issues framed in Plaintiff's Third Amended
 Complaint.  The complaint is framed in two counts.  Count I is an action under
 42 U.S.C.A. s 1983 alleging that defendant under color of state law deprived
 the plaintiff of its civil rights by prohibiting the Church of Scientology of
 California from practicing its First Amendment privilege of freedom of
 religion. The second count is a common-law defamation action [FN1] with
 jurisdiction *421 being based upon diversity of citizenship under 28
 U.S.C.A. s 1332.

      FN1. Prior complaints filed in this case have asserted that the defamation
     action was part of Count I and brought as part of a civil rights action.
     Plaintiff's counsel has argued to this effect in prior hearings before the
     Court.  Because the Court finds that defamation actions are not actionable
     under 42 U.S.C.A. s 1983, Count II is therefore treated by the Court as
     sounding in common-law defamation with jurisdiction based upon diversity of
     citizenship.

  The events out of which this controversy arose occurred during the months of
 October 1975 through March of 1976 when the plaintiff, Church of Scientology of
 California, acquired ownership of the Fort Harrison Hotel in downtown
 Clearwater, Florida.  In October of 1975, the hotel was purchased by a
 corporation known as Southern Land and Development and Leasing Corporation.
 Because the hotel was a city landmark and was centrally located in the downtown
 area, speculation arose in the press as to what Southern Land and Development
 and Leasing Corporation was and to what use the company would make of the Fort
 Harrison Hotel.  Documents were filed in Clearwater City Hall indicating the
 hotel would be used as a training facility for a large religious organization.
 Initially, personnel of Southern Land and Development and Leasing Corporation
 indicated that this organization was known as United Churches of Florida, Inc.
  As church organizational employees moved into the hotel, a substantial public
 controversy arose as to the type of church which would use the facility.
 Substantial coverage was given to this public event by all news media with
 extensive coverage by the press.  On January 28, 1976, the plaintiff, Church of
 Scientology of California, announced that it was directly connected with
 Southern Land and Development and Leasing Corporation and United Churches of
 Florida and in fact would be utilizing the hotel for functions of the Church of
 Scientology of California.
  During the progress of the news developments, the defendant, Gabriel Cazares,
 as Mayor of the City of Clearwater, spoke out on numerous occasions on the
 controversy of who had actually purchased the hotel and what was it to be used
 for.  When it was revealed that the true owner of the hotel was the Church of
 Scientology of California, the defendant become one of its most outspoken
 critics.
  On February 6, 1976, the Church of Scientology of California filed complaint
 in this Court asserting that defendant had prohibited it from practicing its
 religion and had made numerous false and defamatory statements against the
 Church of Scientology of California.  After various motions and rulings by the
 Court, the pleadings were settled and issues in the case framed by Plaintiff's
 Third Amended Complaint.  Extensive discovery has been taken on these issues.
                             THE CIVIL RIGHTS ACTION
  The Third Amended Complaint alleges that plaintiff is a non-profit religious
 organization exclusively engaged in the practice of a religious faith within
 the meaning of the First Amendment to the United States Constitution.  It
 asserts that the defendant utilizing the power of his office as Mayor of the
 City of Clearwater, Florida, prohibited plaintiff from exercising the right of
 freedom of religion by: making false and defamatory remarks, thereby turning
 the community against plaintiff; inducing clergymen of other faiths to shun
 association with plaintiff; inducing officials of the City of Clearwater and
 officials of state government to undertake discriminatory and harassing actions
 and investigations of plaintiff; inducing civic organizations and other
 entities to shun association with plaintiff and join public condemnation and
 ridicule of plaintiff; inducing the news media to refrain from publishing
 accurate information and/or favorable comments concerning plaintiff and publish
 only adverse comments and false and derogatory information concerning
 plaintiff.
  The initial inquiry upon motion for summary judgment is whether the plaintiff
 has standing under the First Amendment to the United States Constitution to
 claim that as a corporation it has the right to bring a *422 direct action
 under the Civil Rights Act, 42 U.S.C.A. s 1983, for actions allegedly depriving
 it of its right of freedom of religion.
  Traditionally, it has been held that First Amendment rights are personal
 rights accruing to individuals.  Hague v. Committee of Industrial
 Organization, 307 U.S. 496, 59 S.Ct. 954, 83 L.Ed. 1423 (1939).  42 U.S.C.A.
 s 1983 refers to "persons." Decisions under this act have held that
 corporations in some circumstances come within the classification of a "person"
 under the Civil Rights Act.  Allee v. Medrano, 416 U.S. 802, 94 S.Ct. 2191,
 40 L.Ed.2d 566 (1974).  The question here is whether the plaintiff as a
 religious corporation is Directly entitled to protection of the right of
 freedom of religion under the Civil Rights Act.
  There have been cases where, because of the particular facts of the case, a
 corporation has been held to have sufficient standing to seek protection of the
 civil rights of its members.  In National Association for the Advancement of
 Colored People v. State of Alabama, 357 U.S. 449, 78 S.Ct. 1163, 2 L.Ed.2d
 1488 (1958) the "NAACP" brought suit to enjoin the State of Alabama from
 obtaining the names of "NAACP" members in Alabama State Court.  The Alabama
 court held that the "NAACP" did not have standing to bring the suit and held
 the corporation in contempt for noncompliance with an order requiring it to
 produce records revealing the names of its members. After the Supreme Court of
 Alabama denied certiorari, the "NAACP" sought certiorari in the Supreme Court
 of the United States.  The Court granted the writ holding that the Association
 had standing to bring the action and protect its members' right to freedom of
 association, since to hold otherwise would mean that if the individual members
 were required to bring suit themselves, the whole reason for the suit would be
 lost since they would have to make their identity known in bringing the
 litigation.
  The Court has examined the record in this case carefully and has found no
 genuine issue of material fact to exist as to Count I.  The Court finds only
 matters of law to be determined.  There are two possible theories under which a
 civil rights action can be brought. One is a direct action by the corporation
 itself while the other is a suit to protect the rights of the corporation's
 members.  Under the circumstances of this case as disclosed by all of the
 facts, it is the judgment of the Court that plaintiff as a corporation does not
 have standing to assert First Amendment rights of freedom of religion in a
 civil rights action.  The issue raised by the pleadings only involves the first
 of the two possible theories under which civil rights actions may be brought,
 i. e., a direct suit for the protection of the corporation's own rights.  No
 class action has been raised by the pleadings, and therefore, no class action
 is before the Court.
  [1] The record reveals that neither of the two theories are applicable
 here.  There are no rights that cannot be asserted by an individual or member
 of the Church of Scientology of California and there is no need for a
 corporation in this instance to protect the rights of any of its members.  The
 unusual circumstances under which a corporation may sue to protect the rights
 of its members simply does not exist in this case.  Based upon the entire
 record, there is no deprivation of the First Amendment right of either the
 Church or its members.
  Accordingly, the Court grants defendant's motion for summary judgment as to
 Count I.  The question of awarding to defendant a reasonable attorney's fee
 under Title 42, U.S.C.A. s 1988 is reserved for further determination by the
 Court.
                              THE DEFAMATION ACTION
  Count II of Plaintiff's Third Amended Complaint claims that the defendant
 maliciously published false and defamatory statements about plaintiff on two
 occasions during the public controversy surrounding the purchase of the Fort
 Harrison Hotel by the plaintiff.  First, plaintiff claims that during February
 of 1976, defendant in an interview by the press stated that plaintiff
 practiced "ruthless tactics," engaged in "questionable schemes" and was
 disposed to undertake "assaults on business, religious and governmental
 institutions" and to "subject *423 Clearwater citizens to untoward actions
 too bizarre to contemplate" which "would result in a chilling setback to the
 democratic process with possible national ramifications."  These statements
 were allegedly reported in the local press.
  Second, that in March of 1976, defendant stated to a reporter which was later
 reported in the press that "Scientologists are bringing to the City a helter-
 skelter world and philosophy," full well appreciating that in so doing the
 term "helter-skelter" had by reason of a best-selling book and television movie
 by the same title come into public understanding as descriptive of the policy
 of a generation of racial strife and indiscriminate mass murder allegedly
 espoused by the infamous and widely publicized Charles Manson, and intending
 thereby to convey to the public that plaintiff was dedicated to promotion of a
 generation of racial strife and indiscriminate mass murder.
  [2] Initially, the Court finds that this defamation action is not
 appropriate under Title 42, U.S.C.A. s 1983.  Azar v. Conley, 456 F.2d
 1388 (6th Cir. 1972); Hopkins v. Wasson, 329 F.2d 67 (6th Cir. 1964);
 People Cab Co. v. Bloom, 472 F.2d 163 (10th Cir. 1972).  Therefore, this
 defamation action is brought under state law with the Court having jurisdiction
 by reason of diversity of citizenship under 28 U.S.C.A. s 1332.
  The case of Olan Mills, Inc. of Tenn. v. Enterprise Publishing Co., 210
 F.2d 895 (5th Cir. 1954) held that defamatory language must be plead with
 sufficient particularity to allow the Court to perform its function of
 screening defamatory allegations before they proceed to jury trial. The Court
 in performing this function has determined that there is no genuine issue of
 material fact that the statements allegedly made by defendant are not
 actionable under state or federal law.
  [3] The Church of Scientology is a public figure within the doctrine of
 New York Times Company v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d
 686 (1964) concerning the public events which surrounded the Church's purchase,
 occupation and use of the Fort Harrison Hotel.  This public event occupied the
 newspapers in the community for several weeks.
  Under the doctrine of New York Times v. Sullivan, supra, persons are
 granted the right to speak out about public figures and public events.  It is
 in effect a qualified privilege in which recovery must be based upon a
 defamatory statement of fact shown to be untrue and made with actual malice.
 Indeed, there must be a showing of some predetermined reason for malice.
  The applicable law of Florida in regard to defamation is codified in Palm
 Beach Newspaper, Inc. v. Early, 334 So.2d 50 (Fla. 4th D.C.A.1976), cert. den.
 Early v. Palm Beach Newspaper, Inc., 354 So.2d 351 (1977), in which the
 Fourth District Court of Appeals held that the principle of New York Times
 v. Sullivan, supra, applies to defamatory actions in Florida:
   "This case is governed squarely by New York Times Company v. Sullivan, 376
 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964) and its progeny.  In the New
 York Times case, the court defined a constitutional privilege intended to free
 criticism of public officials from the restraints imposed by the common law of
 defamation:
   'The constitutional guarantees require, we think, a federal rule that
 prohibits a public official from recovering damages for a defamatory falsehood
 relating to his official conduct unless he proves that the statement was made
 with "actual malice" that is, with knowledge that it was false or with reckless
 disregard of whether it was false or not.'
   "376 U.S. at 279-80, 84 S.Ct. at 726."
   "The Gertz case, supra, also made clear that the defamatory falsehood
 referred to in the New York Times standard refers to a statement of fact as
 opposed to pure comment or opinion:
   'We begin with the common ground.  Under the First Amendment there is no such
 thing as a false idea.  However pernicious an opinion may seem, we depend for
 its correction not on the *424 conscience of judges and juries but on the
 competition of other ideas.  But there is no constitutional value in false
 statements of fact.'  (418 U.S. 339-40, 94 S.Ct. at 3007).' "
   "Suffice it to say that while most of the articles and cartoons can fairly be
 described as slanted, mean, vicious, and substantially below the level of
 objectivity that one would expect of responsible journalism, there is no
 evidence called to our attention which clearly and convincingly demonstrates
 that a single one of the articles was a false statement of fact made with
 actual malice as defined in the New York Times case.  * * *"
  [4] The Court has examined the newspaper articles which contain the alleged
 defamatory statements of the defendant.  When read in their proper context, the
 statements made constitute merely conclusions or opinions which express ideas
 which defendant had concerning a public figure.  The defendant is entitled
 under the public figure doctrine to express his ideas or opinions as long as he
 does not maliciously make a false statement of fact.  The entire record and in
 particular the articles themselves show that the defendant made no malicious,
 false statement concerning the plaintiff.  Therefore, the Court grants
 plaintiff's motion for summary judgment as to Count II in its entirety.
  The Court having found that defendant's motion for summary judgment should be
 granted as to both counts of Plaintiff's Third Amended Complaint therefore
 finds that this cause should be dismissed in its entirety.  A final judgment
 will be entered accordingly.

End of file...