INTERN. SOCIETY FOR KRISHNA CONSCIOUSNESS, INC. v. Evans

• Decision Date: 25 August 1977
• Docket Number: No. C-2-77-632.,C-2-77-632.
• Citation: 440 F. Supp. 414
• Parties: INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., et al., Plaintiffs, v. John F. EVANS, General Manager, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

440 F. Supp. 414

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., et al., Plaintiffs, v. John F. EVANS, General Manager, et al., Defendants.

No. C-2-77-632.

United States District Court, S. D. Ohio, E. D.

August 25, 1977.

COPYRIGHT MATERIAL OMITTED

Carl Fry, Columbus, Ohio, for plaintiffs.

William J. Brown, Atty. Gen., State of Ohio, Columbus, Ohio by Gary E. Brown, Asst. Atty. Gen., Columbus, Ohio, for defendants John F. Evans and J. Ronald Castell; by Rodney Teague, Asst. Atty. Gen., Columbus, Ohio, for defendant John M. Stackhouse.

OPINION AND ORDER

JOSEPH P. KINNEARY, District Judge.

This matter is before the Court on plaintiffs' motion for a preliminary injunction. An initial motion for a temporary restraining order was denied by this Court and the matter set down for an expedited hearing on August 23, 1977. At the hearing the parties stipulated that the trial on the merits could be advanced and consolidated with the hearing on the application for preliminary relief, as permitted by Rule 65(a)(2), Federal Rules of Civil Procedure, and this Court so ordered. Based upon the evidence adduced at that hearing, on plaintiffs' verified complaint, and on stipulated facts submitted by the parties, this Court now makes the following findings of fact and conclusions of law.

Findings of Fact

1. Plaintiffs, both named the International Society for Krishna Consciousness, Inc., are separate religious corporations. One is incorporated under the laws of the State of New York and the other under the laws of the State of Ohio. They are bringing this action on behalf of themselves and their members.

2. Defendants are natural persons closely connected with the management and operation of the 1977 Ohio State Fair in Columbus, Ohio. John F. Evans is the General Manager of the Fair; J. Ronald Castell is the Chairman of the Ohio Expositions Commission; and John M. Stackhouse is the Director of the Ohio Department of Agriculture.

3. The Ohio Expositions Commission hereinafter Expo was created by statute for the purpose, essentially, of conducting the annual Ohio State Fair. In that capacity, it may enter into contracts, grant leases, and adopt necessary rules and regulations to assist in its conduct of the fair. It receives approximately $562,000.00 of its annual operating budget of some $5,000,000.00 from the General Assembly of the State of Ohio. The remainder of the operating budget of Expo is derived from admissions and rental of booth space. Defendant Stackhouse is an ex officio member of Expo.

4. Pursuant to statutory authority, the Ohio Department of Agriculture has adopted regulations for the conduct of county fairs. Expo has chosen to adhere to these regulations in its conduct of the Ohio State Fair but there is no evidence that they were adopted in any formal meeting or proceeding.

5. One of these regulations is Regulation 901-7-06, formerly known as Regulation AG-3-02.05, which provides:

Every concessionaire and agent shall work only in front of his own concession and shall not be over (4) feet from his concession while working at the fair.

6. Another regulation, number 901-7-22, formerly known as Regulation AG-3-02-21, provides:

No roving vendor or solicitor, acting from either a profit or nonprofit organization or on his own behalf, shall be permitted on the fairgrounds except within the immediate area of the grandstand or coliseum. All solicitations for either contributions or sale must be made from within the confines of a booth or display unless otherwise exempted by this regulation or AG-3-02.05 now XXX-XX-XX.

7. Although there is no evidence directly establishing this proposition, it may be inferred from materials accompanying plaintiffs' motion for a temporary restraining order that the practice of the Krishna Consciousness religion includes participation in the ritual known as "Sankirtan." Sankirtan is directed toward publicly disseminating the views of the Krishna Consciousness religion, attracting new members, and obtaining through individual contributions the funds necessary to support the society's religious activities.

8. Sankirtan is commonly practiced by approaching a member of the public and offering that person a small token gift, such as a flower or an incense stick. If further interest is shown, the person is offered a magazine or book and an attempt is made to explain the purposes of the Krishna Consciousness religion and to solicit a voluntary donation. If no contribution is made, the person is asked to return the magazine or book but no attempt is made to recover the token gift.

9. There was a conflict in testimony concerning the tendency of this encounter to remain peaceful when the passerby's reaction was ambivalent or negative. For purposes of this proceeding, this Court assumes that the devotees of the Krishna Consciousness religion are encouraged to conduct themselves peacefully during the exercise of Sankirtan and that most encounters are, in fact, peacefully carried out.

10. Sometime prior to June 24, 1977, contact was established between authorized representatives of the plaintiffs and of Expo. Plaintiffs indicated at that time their desire to practice Sankirtan at the Ohio State Fair.

11. In these negotiations the representatives of Expo advised plaintiffs that regulations prohibited roving solicitations and therefore unrestricted Sankirtan would be impossible. Plaintiffs were further advised that they could lease a booth for this purpose and practice Sankirtan with no restrictions other than that their solicitations take place within four feet of the booth. Such booths could be leased as long as booths remained available. Defendants did not at any time question the nature or purpose of the Krishna Consciousness religion or the ritual of Sankirtan. No attempt was made to require the submission of any matter to Expo for prior approval. Plaintiffs were offered a booth on the same terms and conditions as any other organization or prospective exhibitor.

12. In these negotiations, plaintiffs took the position that the exercise of Sankirtan required unrestricted access to areas of the fairgrounds open to the public. They subsequently indicated that they would be willing to lease booth space, but only on the condition that they be granted the right to engage in unrestricted Sankirtan. At no time did plaintiffs specifically request booth space at the fair.

13. Pending the outcome of this litigation, plaintiffs are voluntarily restraining from engaging in Sankirtan on the fairgrounds. Defendants are voluntarily reserving one booth for plaintiffs' use, should they decide to lease one, in one of the main exposition buildings on the fairgrounds. Defendant Stackhouse testified that a minimum of 300,000-500,000 persons would visit this building during the fair.

14. Defendants have indicated before this Court their unequivocal intent to avail themselves of whatever means are necessary, including criminal prosecution, to halt any exercise of roving solicitation on the fairgrounds. At the time of the hearing, defendants were unable to specify what form this preventive action would take.

15. The primary purposes of the Ohio State Fair are twofold: First, it constitutes the state's major annual agricultural and industrial exposition. Second, its broadly developed junior program offers educational activities, healthful competition, and recognition for the achievements of Ohio's youth.

16. In furtherance of these twin goals the fair annually offers in excess of 30,000 exhibitions with over 1000 exhibitors renting booth space for a plethora of commercial and noncommercial purposes.

17. More than two million persons attended the Ohio State Fair in 1976. The 1977 Fair is expected to aggregate somewhere between 2.4 and 2.7 million visitors. Exclusive of parking facilities, the fairgrounds encompass some 70 acres.

18. Within the fairgrounds there are in excess of fifty separate buildings housing exhibits, booth space, and storage and display facilities. The major buildings are visited by hundreds of thousands of people in the course of the twelve day fair.

19. The large number of visitors, buildings, and booths has resulted in severe congestion in certain thoroughfares at certain hours. Expo has therefore restricted or eliminated vehicular access to certain pedestrian areas during certain hours. In many locations only emergency vehicles are permitted access.

20. Some twenty percent of the organizations leasing booth space at the fair are leasing the space for other than commercial purposes. Among these groups are eight religious groups. There is no suggestion that any of these groups actually intended to practice their religion, however.

21. The regulations proscribing roving solicitation at county fairs were adopted by the Department of Agriculture over twenty years ago. The initial purpose for enacting them was to regulate the use of county fairs for soliciting signatures on political petitions and for conducting political campaign activities.

22. The regulations against roving solicitations were reconsidered by Expo at a special meeting convened on August 15 but the policy was reaffirmed by a vote of 10-0.

23. Defendants are and have at all times been willing to grant plaintiffs access to the fairgrounds as exhibitors on the condition they lease booth space and comply with applicable regulations. Defendants have at no time sought to prevent devotees of the Krishna Consciousness Religion from entering the fairgrounds as regular fairgoers.

Discussion

Plaintiffs in this proceeding are seeking declaratory and affirmative relief from this Court to enable them to proselytize their religious beliefs at the Ohio State Fair. The Ohio Expositions Commission, which by statute is charged with the operation of the fair, has informed them that applicable regulations prohibit such activity unless it is confined to a booth made available for rental and to the area immediately...