INTERN. SOC. FOR KRISHNA CONSCIOUSNESS v. Bowen
| Decision Date | 05 September 1978 |
| Docket Number | No. IP 77-521-C.,IP 77-521-C. |
| Citation | 456 F. Supp. 437 |
| Parties | INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., et al. v. Otis R. BOWEN, Governor of the State of Indiana, et al. |
| Court | U.S. District Court — Southern District of Indiana |
Richard D. Boyle of Stanton, Boyle, Hyatt & Reuben, Indianapolis, Ind., Barry A. Fisher, Beverly Hills, Cal., for plaintiffs.
J. Gordon Gibbs, Jr., Asst. Atty. Gen. of Ind., Indianapolis, Ind., for defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This is a civil rights suit for declaratory and injunctive relief, pursuant to 42 U.S.C. § 1983 (1976) and 28 U.S.C. §§ 2201 and 2202 (1976), brought by the International Society for Krishna Consciousness, Inc. and one of its devotees, concerning the constitutionality of the Indiana State Fair Regulation restricting to a rented booth plaintiffs' sought first amendment expression of freely circulating in those portions of the Indiana State Fairgrounds open to the public, proselytizing, distributing religious literature and gifts such as flowers, and soliciting donations to support their church.
The Court's jurisdiction is grounded upon 28 U.S.C. § 1343(3), (4) (1976).
This suit was filed on August 25, 1977, and on that date, after hearing oral argument, the Court granted plaintiffs' application for a temporary restraining order which remained in effect during the duration of the 1977 Indiana State Fair.
On March 15, 1978, the parties filed cross motions for summary judgment accompanied by stipulations, affidavits and briefs and submitted the case to the Court as a question of law.
On August 18, 1978, the Court on plaintiffs' verified motion for immediate ruling on cross motions for summary judgment or, in the alternative, reinstatement of injunctive relief, issued additional injunctive relief for the duration of the 1978 Indiana State Fair.
The Court has allowed ample time for the parties to submit any and all memoranda and affidavits and the cross motions for summary judgment are ripe for decision as a matter of law.
Pursuant to Fed.R.Civ.P. 56 the Court hereby GRANTS plaintiffs' motion for summary judgment, and pursuant to Fed.R. Civ.P. 52 the Court's findings of fact, based upon the stipulations of the parties, and the Court's conclusions of law are as follows.
1. Plaintiff International Society for Krishna Consciousness, Inc. and its members (collectively referred to hereinafter as "ISKCON"), is a duly organized not-for-profit corporation, incorporated under the laws of the State of New York and with various temples located throughout the United States and the world. The plaintiffs, through their members (referred to as "Devotees"), seek to educate the general public as to their religious beliefs by conversing with the general public and disseminating their religious beliefs, literature and information in public forums throughout the world in the age-old form of missionary evangelism. Stipulation No. 1.
2. The International Society for Krishna Consciousness, Inc. ("ISKCON") is not a cult but rather is an international religious society which espouses the religious and missionary beliefs of Hinduism as expressed by the Hindu denomination, Krishna Consciousness. Krishna Consciousness is the branch of Hinduism which believes in the absolute supremacy of a single God or Deity (in Sanscrit: "Krishna"). The antecedents of this monotheistic fundamentalist Hindu religion are ancient and pre-date Christianity. Stipulation No. 12.
3. Hinduism as expressed by Krishna Consciousness imposes on its members the duty to perform an evangelical religious ritual known as "Sankirtan" which consists of going out into public places and disseminating and selling religious literature and soliciting contributions to support Krishna Consciousness. Sankirtan is directed to spreading religious truth as it is known to Krishna Consciousness, attracting new members and supporting ISKCON's religious activities. Donations and book sales are the very lifeblood and principle means of support of this religious movement. Stipulation No. 13.
4. Defendant Otis R. Bowen is the Governor of the State of Indiana and is charged with the duty and responsibility of appointing five (5) members of and to the Indiana State Fair Board (hereinafter "Board") and is an ex officio member of said Board with power to vote on all questions acted upon by said Board, pursuant to Ind. Code § 15-1-1-2 (1978). Stipulation No. 3.
5. Defendant Robert D. Orr is the Lieutenant Governor of the State of Indiana and by virtue of his office is the Commissioner of Agriculture and is thereby also an ex officio member of said Board with power to vote on all questions acted upon by said Board, pursuant to Ind. Code § 15-1-1-2 (1978). Stipulation No. 4.
6. Defendant Estel L. Callahan is the Secretary-Manager of the Board and in such capacity acts as a full-time paid employee and agent of the Board with authority and responsibility to carry out the policies and directives of the Board. Stipulation No. 6.
7. Defendants Dr. Howard G. Diesslin, John L. Fox, R. J. Panke, O. K. Anderson, Walter H. Barbour, Linville I. Bryant, Frederick J. Bumb, Beryl J. Brimme, Kenneth W. Harris, Gladys L. McCormick, R. Ross McKee, Robert E. McKee, Donald E. Smith, Dwight A. Smoker, Paul G. Thurston, and Lola Yoder, individually and in their official capacities as members of the Board, are charged, under Ind. Code § 15-1-1-2, generally with responsibility for administration of the Indiana State Fairgrounds and are charged specifically with the entire control of Indiana State Fairs, including but not limited to the administration of space allocation and the responsibility for policy information. Stipulation No. 7.
8. Plaintiffs sought permission to distribute literature and to solicit and accept contributions at the 1977 Indiana State Fair by means of correspondence to and from appropriate state officials and their legal counsel, which correspondence indicated, in pertinent part:
Emphasis in original. Stipulation No. 14.
9. On July 8, 1977, the defendants advised the plaintiffs that they could apply for booth space but that defendants' policy remained the same as regards to no wandering solicitation, vending or distribution of literature being permitted on the fairgrounds. The defendants provided the plaintiffs with a standard exhibitor's application on July 19, 1977. Stipulation No. 15.
10. Plaintiffs, through their attorney, on August 17, 1977, had a conference with the legal counsel for the Board at which time certain conditions were discussed and agreed to in an effort to avoid the necessity of litigation and in a good faith spirit of compromise. On the following day, however, August 18, 1977, plaintiffs were taken into custody by defendants and their agents, interrogated, had their funds confiscated with no offer of a receipt, and threatened with arrest in the event they persisted in their attempts to distribute their literature and solicit contributions in the public areas at the fairgrounds without confining their activities to a previously rented booth. Stipulation No. 19.
11. Defendants do not question the validity or sincerity of plaintiffs' religious beliefs or motives. Stipulation No. 22.
12. Plaintiffs further attempted, in good faith, through legal counsel, to negotiate conditions with the Board's legal counsel pursuant to which they could exercise their constitutional rights. The Board, however, determined to and did reaffirm its current policy by resolution passed unanimously on August 19, 1977, which reads as follows:
13. Plaintiffs were admitted to the Indiana State Fairgrounds pursuant to a temporary injunction during the last three days of the Fair, August 26-28. During that time defendants received several oral complaints concerning the conduct of the plaintiffs in the course of plaintiffs' distribution of literature, solicitation of and accepting donations. While only one fairgoer was willing to reduce his complaint to writing, several of the concessionaires were willing to do so and submitted same to the defendants complaining in writing concerning the alleged effect of the activities of the plaintiffs during the last three days of the Fair on the commercial activities of the concessionaires. Stipulation No. 24.
14. Approximately 1,333,570 citizens of the State of Indiana and of the United States of America attended the 1977 Indiana State Fair on the Indiana State Fairgrounds which is some 238 acres in size with some 53 permanent buildings located thereon. Stipulation No. 23.
15. Plaintiffs' first and fourteenth amendment rights, specifically the right to freedom of speech, the right to free exercise of religion and the right to peaceably assemble are implicit in the concept of...
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