Church of Scientology of California v. Cazares

• Decision Date: 15 August 1978
• Docket Number: No. 76-86 Civ. T-K.,76-86 Civ. T-K.
• Citation: 455 F. Supp. 420
• Parties: CHURCH OF SCIENTOLOGY OF CALIFORNIA, Plaintiff, v. Gabriel CAZARES, Defendant.
• Court: U.S. District Court — Middle District of Florida

455 F. Supp. 420

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.

August 15, 1978.^*

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. § 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 commonlaw defamation action¹ with jurisdiction being based upon diversity of citizenship under 28 U.S.C.A. § 1332.

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 direct action under the Civil Rights Act, 42 U.S.C.A. § 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. § 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.

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. § 1988 is reserved for further determination by the Court.

THE...