Preliminary Report To The Clearwater City Commission
RE: THE POWER OF A MUNICIPALITY TO REGULATE ORGANIZATIONS CLAIMING TAX EXEMPT OR NON-PROFIT STATUS
SUBMITTED BY:
MICHAEL J. FLYNN, ESQUIRE THOMAS G. HOFFMAN, ESQUIRE THOMAS GREENE, ESQUIRE WILLIAM SHERID, ESQUIRE PAUL JENKINS, ESQUIRE *KEVIN SULLIVAN, ESQUIRE KEVIN FLYNN
* MEMBER OF THE FLORIDA BAR Master of Law Degree in Taxation
TABLE OF CONTENTS
I. INTRODUCTION 1
II. ISSUES PRESENTED AND CONCLUSIONS 5
A. 1. Municipal authority to regulate the solicitation of funds by an organization holding itself out to be a religion 5
2. Municipal authority to regulate unfair and deceptive practices by an organization holding itself out to be a religion 6
B. Municipal authority to tax organizations claiming tax exempt status 6
C. Municipal authority to limit expansion of purported "Church"facilities in the "Downtown Development Area" through zoning regulation 7
D. Muncipal authority to regulate the practice of psychology or psychotherapy 7
E. Municipal authority to regulate education 8
F. Municipal authority to regulate in areas of public health, safety, lodging, fire and building 8
G. Organizations operating in Clearwater in violation of law 9
III. APPLICABLE PRINCIPLES OF LAW 10
A. Municipal authority to regulate solicitation of funds by an organization holding itself out to be a religion 10
B. Muncipal authority to regulate unfair and deceptive practices 15
C. Municipal authority to tax organizations claiming tax exempt status 25
D. Municipal authority to limit expansion of purported "Church"facilities in the"Downtown Development Area" through zoning regulation 36
E. Municipal authority to regulate the practice of psychology and psychotherapy 39
F. Municipal authority to regulate education 45
G. Municipal authority to regulate in areas of public health, safety, lodging, fire and building 45
IV. FACTUAL DESCRIPTION, HISTORY AND ANALYSIS OF SCIENTOLOGY ... 47
A. General history and description of Scientology 47
1. The founder and promoter - Lafayette Ronald Hubbard 48
a. His background 48 b. Creation, operation and control of Scientology 61
2. Structure of Scientology 66
B. Factual account of Scientology policies, practices and business methods 68
1. Marketing and sales policie 68
2. The effect of Scientology practices on the mind and personality 75
3. Enforcement policies 85
a. Security check 85 b. Freeloader's debt 87 c. Disconnect 89 d. Blown student 91 e. Attack the attacker 92 f. Fair game 93 g. R-2-45 93
4. Commercial, profit-oriented activities of Scientology 96
C. Scientology and the courts 106
1. Lawsuits by the Scientologists against private Citizens 106
2. Lawsuits by private citizens against Scientologists113
3. Litigation between the Scientologists and government agencies 121
a. Tax litigation history of Scientology 121 b. Enforcement of criminal and regulatory laws 127
D. Scientology operations in Clearwater 130 1. General description 130
2. Scientology origins in Clear 131
3. Clearwater, the communications link for criminal activity 135
4. Clearwater "RPF"- physical and mental abuse of private individuals 139
5. Commercial activities of Scientology in Clearwate 143
V. APPLICATION OF MUNICIPAL LAW TO SCIENTOLOGY ACTIVITIES, POLICIES AND PURPOSES 147
A. Application of the proposed Charitable Solicitation Ordinance to the Church of Scientology 147
B. Application of proposed Consumer Protection Ordi- nance to operations of the Church of Scientology 166
C. Standards for Determining Tax-Exemption as applied to Scientology 183
VI. CONCLUSIONS AND RECOMMENDATIONS 191
I. INTRODUCTION
Within the framework of limited time and cost, this preliminary report is intended to provide the Clearwater City Commission initial research and review of legal ques- tions relating to the authority of the City, as a Florida municipality, to regulate organizations operating within the City and claiming tax-exempt status. The Report also provides the City Commission relevant and material facts concerning the operations of the Church of Scientology within the City. The Church of Scientology has been in- vestigated by this firm in connection with numerous law suits presently pending in many state and federal courts in the United States. The facts established by our inves- tigation support the position that Scientology is engaged in systematic, widespread violations of state and federal, civil and criminal laws.
Since the Report is preliminary in nature, it is designed to give the City Commission an initial grasp of the legal authority and factual basis to begin drafting regulatory mea- sures or to begin planning for the institution of appropriate legal proceedings. Any decision of the Commission to enact specific regulatory measures, or to pursue specific avenues of legal redress, should be based upon a more particularized analy- sis of the specific measures or procedures. The Report does, however, provide the basis, if the Commission so chooses, to proceed to the drafting, preparation and implementation stage. Although preliminary examples of proposed ordinances are con-
rained in the Report, it is recommended that a more thorough and exhaustive analysis, and a more detailed drafting pro- cess should be followed, before actual enactment of such or- dinances.
This Report is divided into three Sections. Section I contains a general legal analysis of applicable statutes and case precedents in seven primary areas of public domain. These areas are:
1. Solicitation of funds by purported "religious", "charitable", or "non-profit" organizations;
2. Unfair and deceptive practices by purported "charitable", "religious", or "non-profit" or- ganizations;
3. Taxation of organizations claiming tax-exempt status;
4. Zoning regulation of "Church facilities" in a "Downtown Development Area";
5. The unlicensed practice of psychology or psycho- therapy by a purported "religion";
· 6. Education 7. Public health, safety, lodging, fire and building.
The legal analysis of these areas is based upon Florida statutory and municipal codes, Florida case decisions, and where deemed appropriate state, federal and United States
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Supreme Court decisions and state and federal statutes. Since the Report required preparation within very limited time and cost constraints, the legal analysis is not inten- ded to be exhaustive in either citation of authority or fac- tual analysis. It is, however, a preliminary survey with recommendations and conclusions based upon the most appli- cable decisions and statutes.
Section II of the Report contains a general description and analysis of the creation, structure, policies and pur- poses of Scientology. The history of Scientology involve- ment in the Judicial process, consisting mostly of failure, abuse, delay, harassment and attack, is recited together with a detailed outline of Scientology's tax litigation his- tory. An historical outline of the background of Hubbard, the founder of the Organization, is included along with a description of his sales techniques and enforcement policies including "Disconnect", "Fair Game", and "R-2-45".
The "schizophrenic" nature of Scientology which exists between the i..~age it presents to the public that it prosely- tizes, and in most instances deceives, and its internal oper- ating goals and policies is also discussed. The doctrinal or belief structure of Scientology is presented in the per- spective of its confrontation with traditionally accepted mental health techniques and treatments. The commercial vis- a-vis religious motivation and operation of Scientology is briefly discussed. Finally, the actual operations of Scien-
% tology within Clearwater are set forth.
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Again, this Section of the Report is not intended to be either exhaustive or comprehensive in fact or analysis, but merely serves to highlight those areas which have become a matter of public concern and arguably fall within the domain of municipal review and regulation. The facts presented have been collected from thousands of documents, publications, and the eyewitness testimony of hundreds of individuals. The documents and publications are primarily internal materials of Scientology, many of which reveal a systematic pattern of criminal activity, harassment, abuse, breach of confidential- ity, fraud, extortion, suppression of free speech, and depri- vation of human rights and dignity.
Similarly, the eyewitness accounts of Scientology activi- ties and policies disclose and illustrate a sustained scheme of commercially motivated, anti-social, deceptive and fraudu- lent practices which compellingly warrant community review and regulation.
Section IIi of the Report provides a limited analysis of the applicable law contained in Section I as applied to the factual basis of Scientology policies and practices contained in Section II. The rational basis for the conclusions and recommendations made in the Report are to a limited extent set forth in this Section. A preliminary analysis of proposed ordinances and possible proceedings to regulate and prohibit specific policies injurious to the public welfare is presented in this Section.
The Report is summarized with final conclusions and recom- mendations including an opinion concerning the projected im-
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pact of enacting regulatory measures and anticipated litiga- tion.
~~]~ The various appendices to the Report contain miscellan- ..... eous materials in support of those portions of the Report
where references were deemed necessary. References are made to the appendices by numerical correlation of the material in the Report to the appropriate appendix. Thus, a footnote number such as I-3 refers to Appendix I, item 3.
II. ISSUES PRESENTED AND CONCLUSIONS
A. Issue 1:
Does the City of Clearwater have the legal authority to regulate the solicitation of funds or property by a purported religious organization where there is evidence of systematic, unfair, deceptive and fraudulent practices in the solicitation of said funds ?
Conclusion:
1. The City has the authority, under state and federal law, to enact an ordinance regulating the solicitation of funds by a purported religious organization through the en- actment of a narrowly drawn ordinance with specific regula- tory measures. The ordinance must meet the requirements of the recent United States Supreme Court case of Schaumburg v. Citizens, Etc. The Florida Court of Appeals has upheld a more broadly drawn ordinance enacted by the City of Jackson-
ville than that recommended by this Report. ) %
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2. The City has the authority, under state and federal law, to enact an ordinance regulating consumer fraud, which
ordinance is applicable to all organizations, including pur- ported religious corporations. The Florida Supreme Court has upheld the power of Pinellas County to enact a Consumer Protection Ordinance.
B. Issue 2:
Does the City have the power to tax an organization which holds itself out to be a religion, but which systematically engages in activities, practices and policies indicative of a commercial, profit-motivated enterprise~ and which activities fail to meet the re- quirements of the "operational test" for organiza- tions claiming tax-exempt status under Section 501(c) (3) of the Internal Revenue Code?
Conclusion
Although the City has limited taxing powers under Florida law, it should seek to have the County and State initiate ap- propriate action. Primary authority to tax a religious "front" organization lies within Pinellas County and the State. The County has the authority to impose real estate, personal property and occupational taxes. The State has the authority to impose sales, and miscellaneous taxes. The Church of Scientol- ogy has lost every major court test in both state and federal courts with respect to its qualfying for exemption under the "operational" test as applied by the Internal Revenue Bureau. The operational practices of Scientology in Clearwater dis- qualify it for exemption under both state and federal stan- dards. The City should conduct public hearings in connection with the proposed ordinances, as to the operational practices
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of Scientology within the City, and turn over its findings to
the appropriate state and county taxing authorities, for the I purpose of obtaining redress from those authorities.
C. Issue 3:
Does the City have the authority to enact a zoning regulation limiting expansion of purported "Church facilities" in the "Downtown Development Area"?
Conclusion
The City has the authority to enact a zoning regualtion limiting expansion of "Church facilities" in the "Downtown Development Area" provided that the regulation is reasonably related to legitimate public interests. The City should pre- pare a list of defined goals for the "Downtown Development Area" which reasonably warrants the enactment of the suggested regulation.
D. Issue 4:
Does the City have the power to enact an ordinance regulating the practice of psychology or psycho- therapy?
Conclusion
There is uncertainty under Florida law as to whether a municipality may enact such an ordinance. Florida repealed its statutes regulatin~ the practice of psychology. There are no existing precedents treating potential First Amend- ment problems in this area. Thus, municipal regulation is
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questionable at this time. Exigent circumstances, however, such as the unlicensed practice of medicine, suicide, or clear and flagrant psychological abuses, may warrant an effort to regulate. The founder of Scientology, L. Ronald Hubbard, has ~ ~ specifically stated that Scientology is a method of "psycho- therapy", and "the world's largest mental health organiza- tion". Foreign nations such as Australia have enacted regu- latory measures specifically in response to investigations concerning harmful psychological practices of Scientology.
E. Issue 5:
Does the City have the power to enact any regulatory measures governing education?
Conclusion
The time and cost restraints for this Report did not al- low sufficient time to adequately research this issue. How- ever, the presence of numerous small children within Scien- tology in Clearwater suggests that this issue should be fully explored, particularly where there is strong evidence that minors living within the City are not receiving minimal edu- cational requirements.
F. Issue 6:
Does the City have the power to enact regulatory measures coverning public lodging, public health and safety, fire and building codes.
Conclusion
Time and cost constraints for this Report did not allow
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sufficient time to adequately research this issue. However, there is evidence of overcrowding, beds in corridors and other violations of public safety type ordinances, within Scientology-operated buildings to warrant further investiga- tion and review.
G. Issue 7:
Has the Church of Scientology operated within Clear- water with activities, policies, practices and busi- ness methods which are in violation of local, state and federal law, and which activities and practices have caused, directly or indirectly death, physical, mental and emotional abuse and financial loss to in- dividuals within and without the City?
Conclusion
The Church of Scientology has engaged in a pattern of independent criminal activity, fraud, and deceptive sales practices, and vicious personal attack and abuse, all viola- tire of fundamental human rights. The City should seriously deliberate and consider taking appropriate action to protect individuals within its jurisdiction from policies and prac- tices causing loss o~ labor, money and property and deleteri- ously affecting the physical and mental health of those with- in the City. The City should conduct a public hearing as to fraudulent and criminal activities within the City and there- after, enact ordinances similar to those proposed, in order to prevent such"activity. The City should not undertake to regulate any of the doctrines, beliefs or religious activi- ties, if any, of Scientology. Scientology, on its face, em- braces a non-theistic, compilation o£ aoc~rlnai belief=, written by Lafayette R. Hubbard, which are arguably religious
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in the broadest legal definition adopted by the U.S. Courts. However, there is substantial evidence to warrant the con- clusion that Scientology (1) does not encompass belief in
a deity, which is one of the traditional tests for religion; J (2) does have a structure of authoritative precepts funda- mentally opposed to the laws and ethics of our society which precepts condone and encourage the commission of crimes and fraud; and (3) employs a "religious front" for the sole pur- pose of obtaining money and power. Despite these latter con- clusions, the City should not interfere with those beliefs and practices which arguably fall within the ambit of "re- ligious activity" in the broadest legal interpretation. The specific regulatory measures proposed would safeguard legiti- mate First Amendment free exercise of religion, while pro- tecting the community, and individuals from many of the fraudu- lent, deceptive and criminal practices of Scientology which appear to be widely employed within and without the City.
iII. APPLICABLE PRINCIPLES OF LAW
A. A FLORIDA MUNICIPALITY HAS THE POWER TO REGULATE TAX- EXEMPT ORGANIZATIONS SOLICITING MONEY OR PROPERTY //~
In most states and in many cities and towns in the Uni-
ted States, ordinances have been enacted which, in varying ways, regulate organizations which are or hold themselves out to be benevolent, civic, educational, fraternal, volun- tary health, philanthropic, humane, patriotic, or religious organizations. In most instances, regulation is accomplished by requiring registration, application for and issuance of permits before the organization is allowed to solicit money
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or property. The purpose of such an ordinance is generally considered to be that of protecting the public from fraud.
See Village of Schaumburg v. Citizens, Etc., 100 S. Ct. 826 (1980) and cases cited therein. The compelling interest of //~ the state or municipality to protect fraudulent practices by organizations operating under the pretext of a charity or a religion is universally recognized in the law. Village of Schaumbur~, supra; Cantwell v. Connecticut, 310 U.S. 296 at 206 (1940). League of Mercy Association, Inc., v. City of Jacksonville, 376So2d 892 (1972); Gospel Army v. City of Los Angeles, 163 P2d 704 (1945); see generally, Delgado, Reli- gious Totalism: Gentle and Ungentle Persuasion Under the First Amendment, 51 Southern California L. Rev. 1 (1977). Societal interests in protecting against such fraud are com- pelling because there are few fraudulent schemes more easily contrived and executed than those conducted under the aegis of charity or religion.
Florida has enacted a statute entitled "Solicitation of Charitable Funds", Section 496.01 et seq, of the Florida Code, which requires registration, payment of a fee, main- tenance and availability of financial records, prohibited acts, enforcement procedures and penalties. The statute has not yet been constitutionally tested, but the Department of State has been regulating "Charitable Organizations", as de- fined in the statute, pursuant to the provisions thereof. Under the Florida Regulatory Reform Act, the statute is currently being reviewed, and as originally drafted, the
statute is being repealed effective July !, 1982.
%
The Florida Statute provides that it does not
"preempt any more stringent county or municipal provision to restrict local units of government
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from adopting more stringent provisions, and, in such case, such provisions shall be complied with if the registrant desires to solicit within the geographic district of the local unit of govern- ance" (Emphasis supplied). F.S.A. 496.132
In fact, the City of Jacksonville has adopted such an ordinance, the First District Court of Appeals in Florida has upheld the ordinance, and the Florida Supreme Court has denied further appeal. League of Mercy, supra. In the League of Mercy case, the City of Jacksonville successfully shut down a commercial enterprise operating as a racket re- ligion with enforcement of its ordinance.
In England, an ordinance regulating the taxation of pur- portedly "religious" property through the use of a ~ermit was specifically upheld against the Church of Scientology. Although the ordinance involved taxation of property as op- posed to the regulation of charitable funds, there is analo- gous application of the principles in that case because a permit was required. In the case of R.v. Registrar General, 3 All ER 886 (1970), a local public official denied a permit to the Church of Scientology which would have exempted from taxation the "Saint Hill Manor", a Scientology-owned property. The English Court upheld the ordinance in that case and the power of the official to refuse the permit in finding that the Scientology property was not "a place of meeting for re-
ligious worship" as required by the ordinance. This case is discussed in Section IV C (3) of this Report.
We have carefully reviewed the Florida statute and the Jacksonville ordinance in light of most, if not all, of t~~ pertinent decisions of the United States Supreme Court as well as many of the decisions of other appellate courts
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throughout the United States treating the First Amendment problems of free exercise of religion.
Based upon our analysis of these decisions, and of many different ordinances, including the Florida statute and Jack- sonville ordinance, it is our opinion and recommendation that the City should enact an ordinance drafted with more "narrow specificity" than those enacted in most jurisdictions, inclu- ding Jacksonville. We have proposed such an ordinance in Section V (1) of this Report.
The proposed ordinance is recommended to the City based upon the conclusion that it is unwise to enact an ordinance with broad discretionary powers delegated to a public offi- cial to issue or not issue permits to "charitable organiza- tions" engaged in solicitation. Such ordinances may be des- cribed as "Permit Approval" ordinances as illustrated by the Jacksonville ordinance. Although the Florida Court of Appeals in the League of Mercy case, supra, upheld such an ordinance, and the Florida Supreme Court denied certiorari, the United States Supreme Court has traditionally struck down such ordinances as overly broad. Schneider v. State, 308 U.S. 147 (1979); Cantwell v. Connecticut, 310 U.S. 296 (1970); Jamison v. Texas, 318 U.S. 413; Murdock v. Pennsyl- vania, 319 U.S. 105 (1943); Martin v. Struthers, 319 U.S.
141 (1943); Thomas v. Collins, 323 U.S. 516 (1945); ~ynes v. Mayor of OradeI1, 425 U.S. 610 (1976); Village of Scnaumburg v. Citizens, Etc., 100 S. Ct., 826 (1980).
The result in the League of Mercy case suggests that en- actment of an ordinance similar to the Jacksonville one would
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be upheld by the Florida Supreme Court. However, there is
a significant probability of an appeal to the United States Supreme Court and a questionable risk as to the result, par- ticularly in light of the cases cited above. There are Jus- tices in the Court, such as Justice Rehnquist, who advocate states' rights, specifically the right of a municipality to regulate the solicitation of charitable organizations with a "permit approval" ordinance. (See his opinion in the Schaumbur~ case, supra.) The recent appointment of Justice O'Connor, a states' rights advocate, would bolster this view on the Court.
The Schaumburq case and previous cases cited above, and Heffron v. International Society for Krishna Consciousness 49 Law Week 4762 (1981) dealing with this issue, have consistently viewed the First Amendment principles of Free Speech and Free Exercise of Religion to be of such importance that ordinances such as that in the League case, must be drafted with very "narrow specificity" The Court in Schaumburq encouraged pro- scriptionsagainst fraudulent misrepresentation and detailed disclosure requirements in such ordinances as opposed to the broadly discretionary "permit approval" We have adopted this approach in the proposed ordinance. Compare U.S.v. Church of Scientoloqy, 520 F 2d 818 (9th Cir. 1975) ;Bourgeois v. Landrum 396 So 2d 1275 (1981) and Surinach v. Pesauera de Busquets, 604 F 2d 73 (1979).
The Florida "Solicitation of Funds" statute, Section 496.01, has both permit requirements and it has broad dis- clo~ure requirements requiring "charitable organizations" to provide financial records and relevant information to the Department of State. The statute contains various prohibited acts and provides for administrative proceedings for:
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"purposes of enforcing the provision... (of the stat- ute ) and in makinc investigations rela~in~ to an violation thereof, for purposes of investigation o~ charac- ter, competence or integrity of any organization, and for purposes of investigating practices and busi- ness methods thereof." Section 496. 021 (6)
Although the statute has never been constitutionally tested, one of its sections (Section 496.1118]) appears to be in violation of the Schaumbur~ case. Portions of the statute could be enacted by the City of Clearwater which would, based on existing precedent, pass constitutional mus- ter, and also provide significant local regulatory authority. This power would include identification of those soliciting funds, maintenance and availability of the organization's records, and public hearings to determine whether the organi- zation is violating the criminal law or engaged in fraudulent practices, with attendant penalties. The Supreme Court in Cantwell, supra, and Schaumburg, supra, suggested that such measures are constitutionally valid.
We have incorporated narrowly drawn measures of this type in the proposed ordinance set forth in Section V (1).
B. MUNICIPAL AUTHORITY TO ENACT A CONSUMER PROTECTION
ORDINANCE
The Federal Government, most states and many municipali- ties have enacted what have been commonly referred to as "con- sumer protection" laws. Although there is a limited body of case decisions interpreting these laws because of their rela- tively recent crigin, the underlying rationale for such laws
is to prevent fraud and to provide for governmental action against such ~\r~
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The Federal Trade Commission Act, 15 U.S.C §45, serves
as the model for many of the state and municipal laws. Both the federal act and state statutes are designed to prohibit false and misleading representations in the sale of goods or services, preventing unfair competition and prohibiting the use of a "bait and switch" scheme to lure unwitting consu- mers into higher-priced transactions. See generally 89 A.L.R. 3rd 399 and 449 (1979).
In 1973, Florida enacted a "deceptive and Uniform Trade Practices" act which is modeled upon the Federal Trade Com- mission Act. F.S.A. 501.201 et seq. Florida refers to its
act as the "Little FTC Act". In the case of Department of Legal Affairs v. Rogers, 329 So2d 257 (1976), the Florida ~~ Appellate Court held that the "Little FTC Act" properly pro-
scribed unfair methods of competition and unfair or deceptive acts or practices; that "great weight" should be given to in- terpretations of the Federal Trade Commission Act; and that the "Little FTC Act" did not constitute an unlawful delega- / tion of legislative authority to the administrative agency enforcing the act according to federal trade law standards.
The "Little FTC Act" gives to the State Attorney and the Department of Legal Affairs the authority to enforce the act through various remedies set forth in the act. These reme- dies include the power to obtain a declaratory judgement, in- junctive relief, to recover actual damages on behalf of vic- tims, and the power to hold administrative hearings to inves- tigate violations of the Act.
The "Little FTC Act" specifically provides that the Act "is supplemental to and makes no attempt to preem~t, local
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consumer protection ordinances not inconsistent with 5he Act. F.S.A. 501.213 (2). (.Emphasis supplied) The Florida Supreme Court in the case of Pinellas County, Etc. v. Castle, 392 So 2d1292 (.1981) specifically held that Pinellas County was constitutionally authorized to enact its own consumer protection law and that the changes made by the Pinellas consumer protection law did not violate due process. Thus, it appears that under the provisions of the "Little FTC Act" and by case decision of Florida's highest court, the City of Clearwater could properly enact a consumer protection ordi- nance designed to prohibit fraud and unfair competition.
The fact that a local consumer protection ordinance might
be applicable to the acts or conduct of a non-profit, chari- table or religious organization, as well as to any other in- ~/,/~, dividual or entity, does not render the ordinance unconstitu-
tional. The law certainly does not give special protection
to a religious organization committing crimes, torts or de- ceptive practices, which consumer protection laws are designed j to prevent. See U.S.v. Ballard, 322 U.S. 78 (1944) discussed infra.
A consumer protection law such as that proposed in Section
V of this Report, has been made applicable to a religion. In
the case of F.E.L. Publications v. National Conference of
Catholic Bishons, ~66 F. Supp. 1034 (1978), a Federal District Court in Illinois held that the Illinois deceptive trade prac- tices act applied to alleged unfair competition and deceptive acts by a conference of Catholic bishops. The court in that case rejected the bishops' claim of First Amendment protection for the alleged wrongful acts holding that the case did not involve an intra-church dispute, but whether the copywright,
t
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unfair competition and consumer protection law were violated.
In numerous lower court cases, some of which are still ~~ ) in litigation or on appeal, the Church of Scientology has
moved to di~gniss claims brought by individuals alleging vio- lation of consumer protection laws, as well as fraud, the unlicensed practice of medicine, intentional infliction of emotional distress, violations of minimum wage laws, viola- tions of racketeering laws, and other miscellaneous claimed wrongs. In all of those civil cases, in a variety of court proceedings involving criminal indictments and convictions, the Church Of scientology has attempted to dismiss the case or proceeding on the grounds of freedom of religion. The courts have almost unanimously rejected this defense. The cases set forth in Section IV (C) of this Report outline most of these cases.
App~te or reported case decisions involving the rela- tionship between a purported religious organization, the right of the state to protect its citizens from crime or fraud and the free exercise clause of the First Amendment have been rendered by many American courts.
The protection provided by the First Amendment to the
U.S. Constitution to organizations claiming religious status is not absolute. Where representations are involved, a party is immune to liability only if his representations are (1) religious in character and (2) made in good faith. Where
actions at= ~v~i~cd , a party always remains subject to ju-
dicial review to achieve sufficiently important state ob-
jectives, and cannot cloak himself with the First Amendment
/
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to commit otherwise tortious acts.
Fraudulent Misrepresentations
The U.S. Constitution gives every person the absolute right to believe what he or she wants, but does not create a license to do or say anything in the name of religion. In Cantwell v. Connecticut, 310 U.S. 296, 303-4, the Supreme Court stated:
"The Amendment embraces two concepts, --- freedom to believe and freedom to act. The first is ab- solute but, in the nature of things, the second cannot be."
In Cantwell the Court struck down a state criminal statute ,!
barring the solicitation of money by a religious organization without the prior approval of the Secretary of a state agency. The Court, however, made it very clear that its decision did not apply to fraudulent practices:
Nothing we have said is intended even remotely to implythat under the cloak of religion persons may, with impunity, commit frauds upon the public...the state is...free to regulate the time and manner of solicitation generally, in the interest of public safety, peace, comfort, or convenience.
In U.S.v. Ballard, 322 U.S. 78 (1944) the Supreme Court specifically dealt with the issue of a First Amendment "re- ligion" defense in a fraud case. In Ballard the "i Am" move- ment was charged with mail fraud for soliciting funds through false representations. The defense was that the representa- tions were religious in nature and therefore immune from in- quiry. The Federal District Court had ruled with the acqui- escence of all cc'cn=~-_! t~~ ~he representations were religious in nature and that the standard to be applied in instructions to the jury was not the truth or falsity of the assertions
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made by the defendants but:
"Did these defendants honestly and in good faith be- lieve those things?" C322 U.S. at 81)
On review the Supreme Court approved and adopted this "good faith" standard. The Court stated:
"...We conclude that the District Court ruled pro- perly when it withheld from the jury all questions concerning the truth or falsity of the religious beliefs or doctrines of respondents." (322 U.S.at 88)
The Court approved the following jury instructions:
"You are not to be concerned with the religious be- lief of the defendants, or any of them. The jury will be called upon to pass on the question of whe- ther or not the defendants honestly and in good faith believed the representations which are set forth in the indictment, and honestly and in good faith believed that the benefits which they represented would flow from their belief to those who embraced and followed their teachings, or whether these representations were mere pretense without honest belief on the part of the defendants or any of them, and, were the representations made for the purposes of procuring money, and were the mails used for this purpose." (322 U.S. at 82)
This "good faith" standard has stood for thirty-five years and been applied in a variety of contexts, notably selective service litigation. See U.S. v. See~er, 380 U.S. t63 (1964). The rule means simply that where a religious defense is in- terposed, the jury may not look into the truth or falsity of a religious belief but only the question of whether the be- lief is sincerely held. Conversely, a defendant raising a "religion" defense may be required to show that he holds his beliefs sincerely and not as a mere pretext for some other purpose.
In Ballard, as noted, there was no factual controversy
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whether the representations were religious in nature. It is clear, however, that before a defendant can interpose a "re- ligion" defense he must establish that his representations were religious and not secular. U.S.v. Carruthers, 152 F2d
512 (7th Cir., 1946). Carruthers was also a mail fraud case. The decision stresses the importance of distinguishing between religious and secular representations. The defendant's repre- sentations included both secular and religious promises. He claimed to be a Doctor of Medicine and Divinity and to have studied in Tibet and England. He administered to both religious and physical needs of the Foundation's "students" and made numerous representations in both categories. The Court of Appeals, in affirming the conviction, held that a jury could properly determine into which category the representations belonged, secular or religious. If the represenations were of a religious nature, the "good fait~" test of Ballard would apply; if they were secular the jury would judge them by ordinary common law standards of fraud. The jury instruc- tions in Carrut_hers stated, in part:
You are further instructed that representations of the defendants, or any of them, concerning or relating to the subject of breathing, silence, and positions of persons during sleep, if you believe that t~hey are matters within the field of religion, as taught the defendant Carruthers, and the truth or falsity of such representations, if any, may not be questioned in any way by you in arriving at your verdict in this case. (152 F2d at 517)
Thus, Ballard and Carrut_hers, taken together, clearly state that when a "religion" defense is raised, a ju~-tmay first de- termine whether the particular representations are religious, and if they are, may further question 'whet-%er t~ey are sincerely held. Both these factual hurdles must be cleared before First Amendment immunity attaches. Only the truth or falsity of sincerely held religious beliefs are immune from inquiry under the First Amendment.
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The activities and.representations of a purported reli- gion, namely the Church of Scientology, have been tested
under the Ballard and Carruthers standards in two related cases decided in the District of Columbia, Founding Church of Scientology v. U.S., 409 F. 2d 1146 (D.C., 1969) , and United States v. Article or Device, 333 F. Supp. 357 (D. Ct. D.C,, 1971).
Founding Church involved an effort by the Federal Govern-
ment to condemn the "E-Meter" under the Food and Drug laws, (the "E-Meter" is a crude lie detector used by the Scientolo- (// gists during auditing). The issue was one of "mislabeling",
and the government was required to show false secular repre- sentations regarding the uses and benefits of the device. In the course of the trial a great many representations were proven and submitted to the jury. The Court of Appeals found that some of these were clearly secular, but that some were of a religious nature. The Court concluded that in view of the manner in which the evidence was submitted to the jury, there was a possiblity that they had rendered a verdict based on an evaluation of the truth or falsity of some of the re- ligious representations. This was held to violate the Bal- lard doctrine. It should be noted that in Founding Church, the government made no effort to attack the "good faith" of the religious representations involved. Thus, the Court ex- pressly refrained from making certain holdings:
(1) We do not hold that the Founding Church is for all legal purposes a religion. Any prima facie case made out for religious status is subject to contra- diction by a showing that t!l~_b~e-l~efs asserted to religious are not held in ~~fait-~-~_~ ~ assertinq them, and that forms of religious organizations were erected for the sole purpose of cloaking a secular enterprise with the legal protections of a religion.
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(2) We do not hold that, even if Scientology is a religion, all literature published by it is a religious doctrine immu~e from the act. 409 F. 2d 1162.
The Court thus made it clear that on retrial the government could secure a conviction by showing either secular misrep-
resentations, or religious representations not held to be in good faith.
The case was then retried, and an opinion issued by the
District Court entitled United States v. Article or Device (supra). The Court's opinion directly and forcefully con- fronts the issue of claimed First Amendment protection by Scientology. The judge noted, initially, that Scientology representations are to some extent an admixture of secular and religious claims.
A few of these writings are primarily religious in nature. Others contain medical or scientific claims in a partially religious context. Most of the mater- ial, however, explains aspects of Scientology and Dianetics in purely matter-of-fact medical and sci- entific terms without any apparent religious refer- ence. 333 F. Supp. at 361
On retrial the government again made no effort to attack the "good faith" of the defendant's religious claims. Thus, to comply with the Founding Church decision the trial court con- sidered only those claims which were clearly secular. The trial court in Article or Device had no difficulty separating secular from religious claims. The Court stated:
The bulk of the material is replete with false medi- cal and scientific claims devoid cf any reliqious overlay or reference. 333 F. Supp. at ~61 (Empasis supplied)
The Court also stated:
...it is a gross exaggeration to insist that the en- ergetic, persistent solicitation of E-Meter audited cures for a fee has all occurred in a spiritual set- ting without use of a secular appeals and ~ .......... ~-- entific promises made in a wholly non-religious con- text. 333 F. Supp. at 360
Finally, the Court set forth in an appendix to the decision
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a listing of Scientology publications which it concluded to be secular misrepresentations.
Tortious and Illegal Acts
As noted above, the First Amendment confers absolute pro- tection for religious beliefs, but does not necessarily confer irmr~unity for actions, even if they are religiously motivated. See Cantwell v. Connecticut, supra. Over the years many re- straints upon action have been upheld even though they run afoul of particular citizen's religious beliefs. These in- cluded laws restricting child labor, Prince v. Massachusetts, 321 U.S. 158 (1944)., compulsory blood tranfusions, Jehovah's Witnesses v. King County Hospital, 390 U.S. 598 (1968). In short, action may be regulated whenever the state has a suf- ficiently important objective.
The guarantee of a judicial remedy for intentionally in- flicted torts is clearly an important state objective. See Turner v. Unification Church, 473 F. Supp. 367 (D.C.R.I.,
1978). In Turner, the Court stated:
In ruling cn this motion, the Court initially finds that the free exercise clause of the First Amendment does not immunize the defendants from causes of ac- tion that allege involuntary servitude or intentional tortious activity. 473 F. Supp at 371
There appear to be no case decisions which hold that activity which is otherwise tortious is excusable simply because it was committed by a religious organization or for religious reasons. Nor would such a rule be compatible with established , ~ constitutional principles. In effect, a grant of such immunity for otherwise illegal activity would convert the First ~end-
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ment, which is intended to be a skield against government in- terference, into an offensive weapon. Furthermore, the granting of such immunity would come dangerously close to the establish- ment of religion, also forbidden by the constitution, since it would give a significant legal advantage to those persons and entities claiming "religious" motive which it withheld from a non-religiously motivated person.
Therefore, a consumer protection ordinance, such as that proposed and discussed in Section V (2) of the Report, imple- mented and enforced to proscribe fraudulent practices should withstand constitutional attack.
C. MUNICIPAL AUTHORITY TO TAX ORGANIZATIONS CLAIMING TAX EXEMPT STATUS
Tax exemptions have existed since biblical times, and today all of the fifty states allow tax exemptions for places of worship. Wa!z v. Tax Commission of the City of New York, 397 U.S. 664 (1970). State and Federal Statutes and many state constitutions provide tax exemptions for various chari- table, non-profit, religious, educational and scientific or- ganizations. An applicant who seeks exemption from a state or federal tax bears the burden of demonstrating qualification. Dickinson v. United States, 346 U.S. 389, 74S. Ct. 152 (1953). This part of the Report requires an examination of the burden on those organizations which seek a religious exemption from state and federal taxation, and the criteria by which the taxing authority determines exemption.
]
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Religious Exemption
The First Amendment forbids the federal and state govern- ments from enacting legislation which prohibits the free ex- ercise of religion or which tends to favor or establish one religion. U.S. Constitution Amendment 1. However, the Su- preme Court has held that granting a tax exemption to a bona fide religious organization does not violate the establish- ment clause of the First Amendment. Walz v. Tax Commission of the City of New York, supra. The Supreme Court has not decided whether taxing religious properties would constitute a violation of the free exercise clause of the First Amend- ment. Walz, suura.
Keeping First Amendment considerations in mind, an or- ganization must qualify as a religion to claim exempt status. Otherwise, any organization masquerading as a religious enti- ty, could qualify for a tax exemption. The taxing authority is empowered to determine whether an organization qualifies for tax exempt status. Whether the taxing authority is the state or federal government, the criteria for determining re- ligious exemption is contained in case and statutory law. The statutory schemes which regulate religious exemptions provide for administrative remedies for an aggrieved applicant. As- suming an applicant is denied exemption and has exhausted his administrative remedies, resort may be had to the courts. Many exemption-denied organizations have sought judicial re- lief which has created a body of federal and state case law concerning the necessary criteria for qualification for a re- ligious tax exemption. This case law will serve as a useful guide when applying Florida's Statutory scheme in determining and granting tax exemptions for religious organizations.
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Florida Law
The Florida Legislature has enacted statutes which create exemptions for various organizations and entities. See gen- erally, Florida Statutes Annotated, Ch. 196. Section 196.19 creates an exemption for religious organizations and Section 196.192 exempts all property used exclusively for exempt pur- poses from ad valorum (property) taxes. Likewise, the Flori- da Constitution grants an exemption for religious organizations. FLA. CONST. art. Vii, ~3. Most critically, the exemption for religious organizations is based upon the purpose for which the property is held and the manner in which the property is used. 1963 Op. Atty. Gen. 063-138, Nov. 13, 1963. Central Ba?tist Church of Miami, Fla., Inc., v. Dade County 216 SO. 2d 4 (1968). The mere fact that the title to real property is vested in a religious organization is not sufficient to show a right to tax exemption as the applicant must demonstrate that the property is used exclusively for religious purposes. ©p. Arty. Gen. 066-17, March 11, 1966. An applicant seeking exemption for a religious organization must affirmatively de- monstrate that the property is actually held and used exclu- sively for religious purposes. Moffett v. Ashby, 139 So. 2d 133 (1962); Dr. William Howard Hay Foundation v. Wilcox, 156 Fla. 704, 24 So. 2d 237 (1946); ©p. Atty. Gen. 071-56, April 5, 1971.
A religious organization that seeks a tax exemption must file an application for exemption with the county tax asses- '~) sor. The application must list the property for which the %. exemption is sought and certify its ownership and use. F.S.A.
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196.011. Once the property appraiser receives an application for exemption, he shall determine the following:
(a) whether the applicant falls within the defini- tion of any one or several of the exempt classi- fications
(b) whether the applicant requesting exemption uses the property predominantly or exclusively for exempt purposes
(c) the extent to which the property is used for ex- empt purposes
See F.'S.A. §196.193 (3) (a) - (c).
The property appraiser shall apply the following criteria in determining whether an organization qualifies for a reli- gious tax exemption:
(a) the nature and extent of the religious activity of the applicant, a comparison of such activities with all other activities of the organization and the utilization of the property for religious activities as compared with other uses.
(b) the extent to which the property has been made available to groups who perform exempt purposes, at a charge that is equal to or less than the cost of providing the facilities for their use, or the extent to which services are provided to persons at a charge that is equal to or less than the cost of providing such services. Such rental or service shall be considered as part of the exempt purposes of the applicant.
See F.S.A. 196.196.
The property appraiser may not grant a tax exemption
for a religious organization if it is a profit organization. F.S.A. 196.195 (4). The Florida Legislature has set the fol- lowing criteria for determining profit or non-profit status of an applicant seeking a religious tax exemption:
(a) the reasonableness of any advances on payment ~~ectty or indirectly by way of salary, fee, loan, gift, bonus, gratuity, drawing account, · commission, or otherwise (except for reimburse- ments of advances for reasonable out-of-pocket expenses incurred on behalf of the applicant) to any person, company, or other entity, directly
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or indirectly controlled by the applicant or any officer, director, trustee, member, or stockholder of the applicant;
(b) the reasonableness of any guaranty of a loan to, or an obligation of, any officer, director, trustee, member or stockholder of the applicant or any entity directly or indirectly controlled by each person, or which pays any compensation to its officers, directors, trustees, members, or stock- holders for services rendered to or on behalf of the applicant;
(c) the reasonableness of any contractual arrangement by the applicant regarding rendition of services, the provision of goods or supplies, the management of the applicant, the construction or renovation of the property of the applicant, the procurement of the real, personal, or intangible property of the applicant. On other similar financial interest in the affairs of the applicant;
(d) the reasonableness of payments made for salaries for operation of the applicant or for services, supplies and materials used by the applicant, reserves for repair, replacement and depreciation of the property of the applicant, payment of mort- gages, liens, encumbrances upon the property of the applicant, or other purposes;
(e) the reasonableness of charges made by the applicant for any services rendered by it in relation to the value of those services.
See F.S.A. 196.195 (2) (a) - (e).
In summary, the property appraiser's function is twofold: first, the appraiser must determine the nature and extent of the applicant's religious activities and the purpose for which the property will be used. F.S.A. !96.196; second, the appraiser must determine that the religious organization is a non-profit entity. F.S.A. 196.195.
Assuming the property appraiser determines that an appli- cant fails to qualify for a religious exemption, the appraiser
~~) mu~t ...... ~- ~ applican~ who is entitled to an appeal to the
proper~ appraisal adjustment board. F.S.A. 196.193, 196.194.
The board must review the decision of the property appraiser and apply the statutory criteria (supra) in reviewing the ap-
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praiser's decision. F.S.A. 196.193.
The Florida Courts have considered laws in which the appraiser must determine the nature and extent of the appli- cant's religious activities and the purpose for which the property will be used. F.S.A. 196.196; secondIv, the apprai- ser must determine that the religious organization is a non- profit entitv. F.S.A. 196.195.
Assuming the property appraiser determines that an appli- cant fails to qualify for a religious exemption, the apprai- ser must notify the applicant, who is entitled to an appeal to the property appraisal adjustment board. F.S.A. 196.193, 196.194. The board must review the decision of the property appraiser and apply the statutory criteria (supra)in reviewing the appraiser's decision. F.S.A. 196.193.
The Florida courts have considered cases in which a re- ligious entity was denied exemption from property tax. How- ever, these cases address the character of the property use and not the nature and extent of the applicant's religious activities. The Florida courts have not addressed the issue of religious exemption based on the profit character of the applicant. Although the Florida courts may rely on the statu- tory criteria for determining the non-profit and religious character and use of property owned by entities seeking re- ligious exemption, resort may be had to the case law of other jurisdictions. Some foreign courts, the Internal Rev- enue Service and the U.S. Tax courts have examined the nature and extent of an organization's activities and the intended use of property in determining whether an applicant qualifies
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for religious exemption. A limited examination of those cases is helpful. )
Foreign Jurisdictions Consider The Religious Exemption
As suggested, Florida courts may consider opinions of other courts in interpreting the definition of religious pur- pose as it pertains to the exemption granted by F.S.A. 196.19. Recently, the application of the Unification Church (Moonies) for a religious exemption was denied by the tax commissioner for the City of New York. Holy Spirit Association, Etc. v. Tax Commissioner, Etc., App. Div. 438 N.Y.S. 2d 521 (1981). New York's Supreme Court rejected the Church's contention that its primary purpose was religious. The Court stated:
By denying petitioner (Unification Church) tax exemp- tion, this Court is not limiting petitioner's freedom to practice its beliefs and disseminate its doctrine; rather it is merely declaring that petitioner is not organized and conducted in the manner required by law to entitle it to a tax exemption. 438 N.Y.S. 2d at 530
The court noted that the Unification Church's primary pur- pose was not religious since its buildings were being used to
eSpouse political and economic opinions. 438 N.Y.S. at 530. The Court reasoned that a denial of religious exemption for the Unification Church was "consistent with a legislative in- tent 'to stem the erosion of municipal tax bases by permitting local governments to terminate exemptions for non-profit or- ganizations other than those conducted exclusively for religi-
ous .... purposes' ". 438 N.Y.S. at 531.
The court was not reluctant in expressing its duty to scrutinize those entities claiming religious exemptions:
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We are compelled to conduct a broad inquiry into pe- titioner's doctrine and activities in order to deter- mine whetker petitioner qualifies for the tax exemp- tion provided by law... Courts can and will, however, examine such beliefs to determine whether they exhibit the minimum require- ments of a religion. 438 N.Y.S. at 526
In the Unification Church case, Justice Birns~ applied the theistic definition of religion, a belief in a Supreme Being
who is superior to all things in the universe, 526 N.Y.S. at I
526, and found that the Unification Church met that minimal
standard. However, the Court concluded that the Unification Churck espoused political and economic doctrine which defeated any claim that the Church was organized for religious purposes. 526 N.Y.S. 528. Consequently, the Church was denied tax ex- emption.
Other courts have applied a more liberal definition of reliqion when inter~retinq "reliqious purposes" as the phrase pertains to religious exemption applicants. In Fellowship of Humanity v. County of Alameda, 153 Cal. App. 2d 693, 315 P. 2d 394 (1957) the Court considered a claimed exemption from property tax predicated upon religious use. The Court refused to consider the theistic definition of religion, i.e., belief in a Supreme Being, but defined religion in the following manner:
!) a belief, not necessarily referring to super- natural powers; 2) a cult, involving a gregarious association openly expressing the belief; 3) a system of moral practice directly resulting from an adherence to the belief; and 4) an organization within the cult designed to observe the tenets of belief. The content of the belief is of no moment. 315 P. 2d at 406
The Court recognized that the applicant lacked belief in a Supreme Being but reasoned that the applicant's activities were similar in all respects to those of a theistic religious
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group. The Court concluded that the property was used for religious purposes.
As demonstrated, Courts define the word religion dif- ferently for purposes of determi~ng qualification for re- ligious exemption. Apart from the concern for theistic or non-theistic belief, Courts will examine an applicant's acti- vities to determine if the property is being used for "reli- gious purposes" Many cases decided by the United States Tax Court and regulations issued by the Internal Revenue Service reflect this approach.
Internal Revenue Service and Application for Religious Tax Exemption
The Internal Revenue Service has considered numerous ap- plications for religious tax exemption, and has developed a two-prong inquiry to assist in the determination of qualification for religious exemption: the organizational test and the opera- tional test.
A. Organizational Test
~n organization seeking a tax exemption must first demon- strate that it is organized exclusively for a religious pur- pose, I.R.C. 501 (c) (3). The Internal Revenue Service has not rendered a definition of "religious purpose" and the Su- preme Court has been reluctant to announce a constitutional definition of religion, as the Court refuses to inquire into the truth or falsity of one's religious beliefs. United States v. Ba!!ard, 322 U.S. 78, (194~ ~?,~fore, courts may not evaluate the content of an organization's doctrine to determine if the organization qualifies for a religious ex-
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eruption. Founding Church: of Scientology v. United States,
409 F. 2d 1146 (D.C. Cir.), cert. denied, 396 U.S. 963 (1969). The Service or a state taxing authority may consider the "sin- cerity" of an organization's purported religious beliefs,
United States v. Ballard, 322 U.S. 78 (1944); Teterud v. Burns, 522 F. 2d 357 (Sth Cir. 1975). If the taxing authority finds that the aDDlicant does not sincerely believe the espoused be- liefs, the tax exemption may be denied.
B. Operational Test
The Internal Revenue regulations require that an organi- zation engaged primarily in activities which accomplish one or more exempt purposes, Reg. ~1.501 (c) (3) -1 (6) (1), forbid the net earnings to inure to the benefit of a private shareholder or individual, Reg. §1.501 (c) (3) - 1 (c) (2), and forbid the organization from serving a private interest, Reg. 1.501 (c) (3) - 1 (d) (i) (ii). If the above regulations are violated the organization will have failed to meet the operational test, i.e. it was not operating exclusively for religious purposes.
The"primary activity requirement"requires that a substan- tial part of an organization's activities be in furtherance of an exempt purpose. Better Business Bureau of Washington, D.C. v. United States, 326 U.S. 279, 283 (1945). In The Church in Boston, 71 T.C. No 9 (1978) , the Tax Court upheld the denial of an organization's application for religious exemption and held that the Church had engaged in substantial non-profit activities bv ~rantinq substantial portions of funds to indi-
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viduals. In Western Catholic Church, 73 T.C. No. 19 (1979), the Tax Court upheld the Internal Revenue Service's revoca- tion of the Organization's religious exemption for failure to operate for an exempt purpose. After a review of the evidence the Court concluded that the Organization's primary activity was accumulating money and making investments.
The public interest requirement forbids an organization from serving a private rather than public interest. Req. ~1.501 (c) (3) - 1 (d) (i) (ii). An organization must demon- strate that it does not function for the benefit of the crea- tor or kis/her family, designated individuals or any person controlled by the creator, or his/her family. Unity School of Christianity, 4 B.T.A. 61. 69 (1926); Rev. Rul. 77-430 1977 - 2 C.B. 194.
Finally, organizations are prohibited from permitting inurement of their net earnings to any private individual. Courts will examine the following factors to determine if funds inure to the benefit of a private person:
1) the individual controls the disposition of the organization's funds;
2) the funds are transferred to the controlling in- dividual or to persons controlled indirectly or directly by him; and
3) the fund transfer is not an ordinary and necessary expenditure of the organization, thus resulting in a benefit to the indivudual.
See Founding Church of Scientology, 412 F. 2d 1146, 1200.
The reasoning implemented by the Service when interpre- ting "religious purpose" and the opinions of the Ta~ C~urt. rendered upon review of the Service's rulings, may serve as a guide for the property tax assessor for Pinnel!as County
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when reviewing an application for religious exemption.
D. MUNICIPAL AUTHORITY TO LIEfIT EXPANSION OF PURPORTED "CHURCH FACILITIES" IN THE "DOWNTOWN DEVELOPMENT AREA"
Florida law very clearly affords county and municipal authorities the right to reasonably regulate the location of churches and church facilities. See Town v. State ex rel Reno 377 So2d 648 (Fla. 1980) appeal dism. 101 S. Ct. 48. Florida differs from several other states in this regard. While courts in some of these states have held that First Amendment considerations take precedence over zoning laws, the Florida Supreme Court has consistently taken an opposite view, and its decisions have not been disturbed by the United States Supreme Court. See Town v. Reno ex rel State, supra; Miami Beach United Luther v. City of Miami Beach 82 So.2d880 (Fla. 1955); Pylant v. Orange County 328 So.2d199 (Fla. 1976); see also Town of Hia!eah v. Hebraia Community Center 309 So.2d 212 (D. Ct. App. 1975); Trachsel v. City of Tamarac 311 So.2d 137 (D. Ct., App. 1975) Board of Commissioners of Dade County v. First Free Will Baptist Church 374 So.2d1055 (D. Ct. App. 1979).
These decisions approve a fairly broad range of zoning regulation of church buildings. In Board of Commissioners of Dade County v. First Free Will Baptist Church, supra, a regu- lation was upheld which permitted churches only in RV-3
zoning (4-unit apartment). In that case the Court upheld a zoning decision to deny a permit for a church in an agricu±-
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tural zone. In Town v. State eX rel Reno, supra, the Court upheld a zoning ordinance which excluded churches from single family residence zones. In the Pylant and Miami Beach cases, Courts approved zoning churches out of single family zones.
Other pertinent leqal rules have developed. A new zoninq ordinance, in order to withstand judicial scrutiny, need only be "fairly debatable". See the Trachsel case. Zoning ordi- nances may be justified by a change in a neighborhood. See Trachsel. Finally, zoning may be tailored with the intention of preserving existing property values, and there are many Florida cases which so hold.
With particular reference to churches, the Courts have
been particularly unsympathetic to church groups which pur- chase properties in areas where zoning prohibited the loca- tion of churches prior to the purchase, and then attempted to overturn the zoning rule with a First Amendment argument. See Town v. State ex rel Reno. This is particularly so where there are other areas of the city in which churches are allowed. Furthermore, the Florida Supreme Court has not accepted the First Amendment argument as a basis for the "upset" of a comprehen- sive municipal plan. See Miami Beach.
The City of Clearwater has designated a Downtown Deve!- omment District and is Dresentlv considerinq a revamping of its zoning laws which will, among other things, create a zoning corollary to the Downtown Development Area. This may be called the Downtown Development District. At the present time there is an unusually high and apparently growing
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concentration of purported church facilities in the Downtown Development District. In deliberating on the adoption of a zoning ordinance for the Downtown Development District, the City should carefully consider the following factors:
1) What is the present concentration of church facili- ties in tke Downtown Development District?
2) What has the effect of such concentration been on the business and commercial life of the area and on the pro- perty values of the area?
3) What is the projected expansion of church facilities in the area?
4) What effect would continued expansion of church facili- ties in the area reasonably be expected to have on the goals and objectives of the Downtown Development Area?
If the City were to adopt a zoning ordinance restricting expansion of church facilities in the Downtown Development Area ~or conditioning it on a soecial permit or exception), it is likely that a church qrouD or qroups may attempt to test the validity of the ordinance with litigation. It is forseeable that a group seeking to expand in contravention to the ordinance would allege that the ordinance is invalid because it constitutes ethnic, religious, or invidious dis- crimination. See Town of Hialeah v. Hebraia Community Center, supra. Where such an attack is mounted against an ordinance the Court will ordinarily make a close examination of the record of the deliberations of the body which adopted the ordinance. Accordingly, it is important that the City Com- mission, in considering this issue, consider only those factors which are regarded as valid objects of zoning regu- lation (see above) and avoid irrelevant or inflammatory mat-
ters. %
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E. MUNICIPAL AUTHORITY TO REGULATE THE PRACTICE OF PSYCHOLOGY AND PSYCHOTHERAPY
There are three possible approaches to the regulation
of psychotherapy. These are 1) taxation, 2) registration, and 3) substantive regulation. The advantages and disadvantages are discussed, infra.
SCIENTOLOGY AS THE PRACTICE OF PSYCHOLOGY AND PSYCHOTHERAPY
The practices of Scientology undoubtedly constitute psychotherapy. Among the various psychotherapeutic claims of Scientology are increased I.Q., increased interpersonal com- munication skills, improved memory, freedom from neurosis and anxiety, marital and family harmony, and cures for drug addiction and psychosomatic illnesses. All of these benefits are claimed to be achieved by a process of "auditing" identical to psycho- therapy. An auditor, on a paid hourly basis, interviews a "pre- clear" intensively about the details of his emotional life, while using a lie-detector (the "E-Meter") to sharpen his questioning. The auditor keeps notes of everything that is said. He propounds
"I%la various words to the pre-clear such as "sex", "excreta", s-
" "saliva", turbation", "eating human bodies , "dirty words",
· " "homosexuality", "bowels", and "semen", "urine", "beastiallty ,
"genitalia". If the auditor detects a response on the E-Meter at the suggestion of the word, he focuses in on it, as he be- lieves that he has found an "engram". Basically, an "engram" is an imprint on the subconscious mind caused by a negative experience in this or a past life. For example, if one had a
~ ..... !_..c as a child with a dog, words such as traumatic ..... ~ e
"dog" "bark .... b " , , or ire , might tr~aer a response on the
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E-Meter. Supposedly, engrams prevent us from "handling" certain situations effectively when thay are triggered. The entire process is represented as having a scientific basis and stated to be the product of "research". The "pre-clear" is told that the process, if carried through, is guaranteed to achieve results. No appeal to faith or religious belief is involved. See discussion infra, Section IV B.
Hubbard himself has written that the process is a form of psychotherapy. He explains how Scientology is related to FreudJan thought. At one point he described Scientology as the "world's
largest mental health organization". Although Scientology very deliberately began calling itself a religion in the late 1950'~~~ in an effort to achieve certain legal and tax benefits, the
nature of the "auditing" process has not changed since the time when Hubbard was aggressively selling his process as a science. Regardless of what Hubbard says or said, however, it is obvious that auditing is essentially psychotherapy.
1. TAX APPROACHES. Under present Florida law, it seems clear that the City has the power to levy an occupational tax on psychotherapists. Florida Statutes (1979) ch. 205 specifically grants municipalities the authority to levy occupational license taxes.
At the present time, however, the authors of this report
do not recommend such an approach for the following reasons:
a) Any such tax would have to be set at a reasonable, non-burdensome amount. Too large a tax would be subject to invalidation on the basis that it was a covert form of regulation and an improper use of taxing power. See Consolidated City of
-40-
Jacksonville v. Dusenberr¥, 362 So.2d 132
(D. Ct. of App., 1978).
b) The tax would be politically unpopular with
other practitioners.
~~) c) The Scientologists would simply refuse to pay the tax, claiming religious status under Fla.
Stat. (1979) ch. 205, 191. A legal battle would ensue. Although the City would undoubtedly win in the end, the cost of litigation would certainly exceed expected revenues.
2. REGISTRATION APPROACHES. In 1979 the Florida legislature repealed then existing state statutes regulating the practice of psychology. Accordingly, the state preemption in this area has been removed. Whereas municipalities were formerly unable to enact ordinances in this area, (see Board of County Commissioners
of Dade County v. Boswell, 167 Sc.2d 866 (Fla., 1964), they pre- 1 sumably are now free to regulate.
The least intrusive form of regulation, and the one most immune to constitutional attack, is registration. By this, we mean, "informational" registration. The City could require anyone intending to practice psychotherapy to register and provide, under pains of perjury, background information, in- cluding his name, address, employer, educational background, professional experience, previous names and address, criminal convictions, disciplinary actions, suspensions, and legal actions in other areas and states, etc. The disclosure of this type of information is common in most professions, is vitally important for the protection of the public interest, and is easily defensi- ble as a course of action for the City.
i An argument could be made, albeit weak, that the state repeal now preempts any regulation at all.
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In the case of Scientology, adoption and enfocement of
such a provision would provide the public with vital informa- tion. Many Scientology "auditors" have backgrounds which belie their exaggerated claims of experience and expertise. Some of them have backgrounds which raise substantial questions about their moral character.
The information would inform the public about the background of "auditors". It would also assist members of the public who feel they have been wronged in seeking remedies at law by es- tablishing facts regarding the whereabouts, affiliations, and histories of particular "auditors"
3) SUBSTANTIVE REGULATION. As noted, above, the City is
now free to enact substantive regulations for the practice of psychotherapy (see footnote 1, above; see also, Bd. of Comm. v. Boswell, supra) .
It is well-settled in American law that the regulation of psychological practice is a valid exercies of the state's police power. So long as the requirements relating to education, skill and certifying examination bear a direct, substantial and reasonable relationship to the practce of psychology, the state may set reasonable standards for determining qualification of those who hold themselves out as psychologists and may also grant to an administrative body the authority to enforce those standards. Oliver v. Com. Dept. of State, Pennsylvania Board of Psycholo~ist Examiners, 404 A.2d 1386, 45 Pa. Commlth. 195, Nelles v. Bartlett, 145 N.W.2d 795, 5 Mich. App. 47, app. dism. cert. den., 88 S. Ct.
85, 389 U.S. 9, 19 L. Ed. Ed. 9 See 81 ALR 2d 791. Among the / other regulat=d ~fa=~icnals are sccia! workers, alchoholism
counselors, and marriage and family counsel~ ....... -4~- .......
Licensing or certifying statutes, as typified by the re- pealed Florida statutes (Chapter 490), generally specify the qualifications for psychological practice:
1) Personal Characteristics such as being of "good moral character" and conformance to the "ethical standards of the profession as adopted by the board". Some statutes parti- cularize certain disqualifying acts such as homosexual behavior.
2) Formal Education as manifested by "entry level professional degrees" such as M.A.'s, Ed. M's, or PH.D.'s. Statutory schemes that fail to exempt on "grandfather" practi- tioners who have substantial experience but lack the requisite degrees have been stricken as deprivations of economic interests. See Berger v. Board of Psychological Examiners, 521, F.2d 1056 (D.D.C. 1975) ; Whittle v. State Board of Examiners of Psycholoqists, 483 P. 2d 328 (Okla. 1971).
3) Practical Experience under the supervision of or association with a licensed psychologist. Florida required two
(2) years or 4,000 hours of full-time experience in the field of psychology.
4) Examination by a state licensing or certification board. The Florida State Board of Examiners of Psychology consisted of five (5) licensed psychologists empowered to adopt rules of professional ehtics and to examine by written or oral examinations. Such boards have discretion in their adminstration of statutory standards, but they may not develop standards different from or inconsistent withthe statute. Bloom v. Texas State Board of Examiners of Psychologists, 492 S.W. 2d (Tex. 1973).
With regard to the actual manner of practice, it should
-43-
be noted that, as with most professions, this is left to the common law or to the profession itself. Doctors and lawyers, for example, are ultimately subject to censure by their own profession or to malpractice suits. However, in the case of the medical profession, there are a number of specific acts which are subject to regulation. In most states, for example, a physician is prevented by statute from disclosing patient records without the patients consent; he must report occurrences of certain diseases to authorities; he must report the prescription of certain drugs, etc.
At the present time, the authors of this report do not recommend the enactment of general substantive regulations, although a caveat is given that these may become necessary in the future. There are several reasons for this recommendation. As noted above, there is some doubt, albeit weak, that the City has authority to do so. More significant is the fact that the regulation of professional practice has historically been left to professional bodies and the common law. There are, at the present time, a number oflawsuits pending around the United States regarding the practices of Scientology auditors. It is expected that these suits will result in a de facto standard of responsibility for Scientology auditors more effectively than could any form of municipal regulation.
At the same time, however, the authors of this report do recommend ordinances which regulate specific acts of psychotherapists. Primarily, practitioners should be prohibited from disclosing patient infromation without written consent of the patient. This is consistent with the dictates of common law and consistent with statutory regulation of the medical profession. There is a present need for such an ordinance in Clearwater.
-44-
F. MUNICIPAL AUTHORITY TO REGULATE EDUCATION
Chapter 232 of the Florida Statutes annotated regulates compulsory school attendance and child welfare with regard to education. The superintendentof schools for the local school district has the legal authority under F.S.A. Ch. 232.16 to enforce this statute. There is substantial evidence that many young children have lived in property owned by the Church of Scientology in Clearwater, who have not attended school as required. The City should initiate an investigation of this condition and take appropriate action. The time and cost limitations of this Report prevented further analysis.
G. MUNICIPAL AUTHORITY TO REGULATE IN AREAS OF PUBLIC HEALTH~ SAFETY, LODGING, FIRE AND BUILDINGS
The time and cost limitations for this Report prohibited research and analysis in these subject areas. The First Amend- ment does not prohibit reasonable regulations in any of these areas.
There is evidence of conditions in buildings owned by the Church of Scientology which should raise legitimate concern with the City. These conditions include:
- hepatitis epidemics;
- people being prevented by force and intimidation
from seeking medical attention;
- people being maintained on restrictive and unhealthy
diets;
- people sleeping on a regular basis in hallways and
on concrete floors;
- enforced loss of sleep used as a brainwashing
technique; and
- deliberate deception of City Inspectors.
-45-
All of these conditions have been reported to us by clients who were present in Clearwater for varying periods of time and who are presently willing to testify before the City Commissioners in any investigative proceedings.
It should be noted, however, that this is primarily an enforcement question. Many of the conditions reported above are in violation of existinq ordinances. There may be a need for additional legislation, however.
%
-46-
'IV. FACTUAL DESCRIPTION, HISTORY AND ANALYSIS OF SCIENTOLOGY
A. General History and Description of Scientology
Scientology is an international cult created, operated
and controlled by Lafayette Ronald Hubbard for the purported purpose of selling courses, publications and services, which claim to cure various physical and emotional ills, and which allegedly provide spiritual rewards. There is substantial, perhaps overwhelming evidence, to support the conclusion that, despite Scientology's attempted religious front, it is in real-
ity a criminal, fraud-ridden, commercial, profit motivated en-
terprise engaged in the practice of psychotherapy with a mili- tary structure and operational methods designed to accumulate money, information and power.
......... '~ Scientology's legacy of victims, who have been swindled,
mentally crippled and sometimes killed by Scientology practices
have caused many nations to convene formal inquiries into Sci- r ento10gy ~* · These nations include England, Australia, New Zealand,
Canada, South Africa and Rhodesia. France has convicted Hubbard
of criminal fraud. The Reports from two of these inquiries, Aus- I and ' tralia and England, are contained in the Appendix to this Report.
It is fair to say that in general these inquiries have concluded~ that Scientology is a maze of intertwined corporations, claiming tax-exempt status, masquerading as a religion, and conducting anti-social, fraudulent, and psychologically ~ harmful .pr.actices. ~:~: ,~, ' ?"'~'"'Th~e"English and Australian reports and '[he *facts established"by ". *~ this firm also' support the finding that the above-cited practices" ) are generally directed towards the weak, unbalanced, immature, unstable, rootlessand often traumatized individuals, in our society·
-47-
Such individuals are generally more susceptible to false claims of promised cures. Scientology is adept a-t finding the person's "ruin" or problem, and making extravagant promises to solve the problem at exorbLtant, and patently commercial fees.
k~
The purported belief systems or dogma of Scientology are a
hocus pocus menagerie of science fiction, the occult, magic and
claimed physical and mental well-being. Scie~ztology does not worship a God. It is rather a pseudo-philosophy of mental and ~~ physical health based on supposed scientific research and case
studies. A Federal Court in Washington, D.C. found that the writings of Hubbard which embody Scientology "doctrine" or "dogma"~l are predominantly non-religious, false and fraudulent. X-4
The writings of Hubbard also contain vicious Scientology policies used against opponents including "Fair Game" "Disconnect"
"R-2-45" the "B1 , own Student" and "Attack the Attacker". Hub-
bard's own mental illness and twisted perspective on fundamental human values is reflected in much of his writing. Hubbard's own falsified background is typical of the fraudulent represen- tations made by his Organization. Thus, any inquiry into Scien- tology must begin with an inquiry into Hubbard.
I. The Founder and Promoter - Lafayette Ronald Hubbard
a. His background
L. Ron Hubbard was born at Dr. Campbell's Hospital on Oak Street in Tilden, Nebraska, on March 13, 1911. His mother, Ledora May Hubbard was also born in Tilden, Nebraska. Ledora's father, L. Ron Hubbard's grandfather, was Lafayette O. Waterbury, born in the State of Michigan on July 20, 1864. L. Ron Hubbard's grandmother was Ida Corinne DeWolf born in Illinois on August 6,
-48-
1863. L. Ron Hubbard's father, Harry Ross Hubbard, (U.S.
Navy), was born Henry August Wilson in Fayette County, Iowa,
on August 31, 1882. Harry Ross Hubbard's father died when
Harry was a child, and he was adopted by Mr. and Mrs. James W. Hubbard, also of Fayette County, Iowa, and his name was legally changed to Harry Ross Hubbard. L. Ron Hubbard's birth data is verified by his certificate of birth in the Bureau of Vital Sta-
III-1 tistics in Lincoln, Nebraska, File No. 126-165-11.
According to various biographies published in Scientology books, Hubbard was raised on a cattle ranch "one quarter the size of Montana", which was owned by his maternal grandfather. Here, Hubbard was said to have learned to ride a horse before he could walk, to have become friends with an Indian medicine man, and to have become blood brother with the "Blackfoot" (sic "Blackfeet") Lndians. He refused to go to school, since school- ing was unecessary for him, and was more interested in exploring, breaking wild horses, and hunting coyotes.
Hubbard's grandfather (Waterbury) never owned a large cattle ranch in Montana. No records can be found showing that he owned any land at all in Montana. He did own a business several miles southeast of Helena, the Capital City Coal Company where the grandfather sold coal, feed, and was a practising veterinarian. Records indicate that Hubbard lived at 726 Fifth Ave., in Helena.
This was the address of his father and mother and also of his III-1 maternal grandparents, as well as a number of aunts and uncles.
The Scientology biographies state t~at Hubbard was able to spend several years traveling through Asia, China, Tibet, India, the South Pacific, the Philippines, etc., from 1925 through 1929,
-49-
living in the company of a magician descended fr~om ancient masters, lamas, priests, and other wLse men. Hubbard supposedly learned an entire dialect in one night (the £goriti of the Phili-
ppines), and lived among native bandits who didn't harm him "be- ) cause of his honest interest in them and their ways of life".
Here, as a young man, Hubbard allegedly became interested in
the "composition and destiny of man"
The facts are that during the years 1925 to 1929, Hubbard was a student at Union High School in Seattle, and Helena High School in Helena, Montana.
In 1925, when Hubbard was 14, his father was stationed at the Puget Sound (Washington) Naval Shipyards. The father and his wife lived in Bremerton, Washington as did L. Ron, which is where he went to high school. Hubbard's mother was a school tea- cher. Hubbard's father remained at the Naval Shipyards until 1927, when he was ordered to Guam as a Supplies Officer. The ~avyal!owed Hubbard and his mother to join him in Guam during the sununer of 1927. A few months later, Hubbard returned to Montana and was enrolled at Helena High School in Montana. He subsequently dropped out of Helena High School because of poor grades, on May i1, 1928. After that he attended Swathely Prep School in Manassus, Virginia and then Woodward Prep School in Washington, D.C. Woodward was a school operated by the Y.M.C.A. for difficult students and slow learners. Hubbard attended Woodward from February to June, 1930. He graduated and was ac- cepted into the School of Engineering at George Washington Uni- versity. At the end of his first year, he was placed on proba- nion because of poor grades, and at the end of his second year
III-1 was asked to leave, again because of poor grades.
-5©-
According to further Scientology biographies, Hubbard
is supposed to have combined his experiences as a traveller with his great knowledge of engineering, math, and physics which enabled him to discover the secrets of life. Hubbard wrote a book called "All About Radiation", written by L. Ron Hubbard, a "medical doctor and a nuclear physicist". Copy- right L. Ron Hubbard. Hubbard alleges to have received de- grees of Civil Engineering from George Washington University, and Doctor of Medicine, Divinity and Philosophy. This is all
III-1 false. Hubbard flunked the only physics course he took.
Hubbard alleges that he attended Princeton University. Hubbard may have received naval training at Princeton, New Jersey, as many officer candidates did during WW II, but this is not considered formal admission to Princeton University as an undergraduate student. His naval records suggest the fact that he attended the naval training school there from Septem-
III-2 ber 29, 1944 to January 27, 1945.
Hubbard also claims in his Scientology biographies to
have made expenditions into the jungles of South America, pro- ducing a Caribbean underwater motion picture expedition, fi- nanced by the navy Hydrographic Office for the University of Michigan, and to be the first person to use the navy's bathy- sphere, or diving bell. Hubbard's claims also include: the first complete mineroiogical survey of Puerto Rico", rewriting the "Co-pilot", a navigational guide for the State of Alaska, leading expeditions into San Juan and Central America, for the Department of the Interior, and National Geographic Society.
The ascertainable facts are that the State Department Pass- ~ort Office records show that Hubbard was issued passport No.
-51-
Z1889248 on April 23, 1974. He presumably had a previous pass- port. Hubbard's claims to have been a teenager traveling in Tibet, China and India back in the 1920's are unlikely because of hostility to visitors, especially Americans. One of the first to be allowed to travel in these areas was Lowell Thomas, in the 1950's. Regarding his other purported expeditions, the Department Natural Resources in San Juan has no record of L. Ron Hubbard, nor does the U.S. Geological Survey, the Depart- ment of the Interior, the National Geographic Society, a num- ber of prominent geologists who were working in Puerto Rico and Central American areas at that time, the Department of the Navy's Hydrographic Office, the University of Michigan, Prince-
ton University, the State of Alaska and records researched by III-! the Mew York Explorers' Club.
The next segment of Scientology biographies concerning Hubbard, relate to a brave young U.S. Navy officer, eager to defend his country, who was the first casualty in the Paci- fic. Because of Hubbard's "importance" he was flown back to the United States in the Secretary of the Navy's personal air- plane. Though severely wounded he was ordered to take command of a fleet of ships without any rest. He was "highly decorated'~ for his bravery in battle, and was America's first real life hero. After four years of battle, Hubbard was admitted to the Oak Knowles Military Hospital in Oakland, California, on Septem- ber 5, 1945. Here, supposedly crippled, blind, and not expected to live from having been so severely wounded in action, facing an uncertain future, Hubbard applied all of his knowledge of nuclear physics, etc., and healed himself, by the sheer power of his mind. It is written that so complete and so miraculous was his recovery, that he amazed Navy physicians and psychiatrists.
-52-
1944. Hubbard was aboard as Navigating Officer and Training Officer. Like the PC-815, she proceeded down the Willamette and Columbia rivers to the Pacific, then south to San Francisco,
where she went through her "shakedown" cruise practising man-
III-2 oevers and training exercises.
On the afternoon of September 27, 1944, while docked in Oakland, California, Hubbard reported to the officer of the day that he discovered an attempt to sabotage the ship. Some- one, Hubbard claimed, had filled a coke bottle with gasoline and inserted a cloth wick, and then had hidden it among some cargo that was to be hoisted aboard and placed in the Number One hold. The F.B.I. and Navy Intelligence were called in to investigate, but the records of this investigation are not available. The following day, just a few days before the ALGOL
sailed for the Pacific and into combat, Hubbard was relieved III-2 of duty and transferred to a training school in New Jersey.
After Hubbard left New Jersey, he spent nine months at
the Office of Naval Civil Affairs, in Monterey, California, and on September 5, 1945, was admitted to the Oak Knowles Mili- tary Hospital in Oakland, California. Hubbard was apparently discharged from Oak Knowles on December 5, 1945 where he was awarded a 10% disability for duodenal ulcer, but this did not become effective until February 17, 1946, the day he was re- leased from active duty. His disability was later increased to 40% for arthritis, bursitis, and conjuctivitis (an eye inflam- mation). His Veterans' Administration file No. is C-70i7422. Hubbard's naval recor~ ~+~ ~ndicates there was nothing in Hubbard's service record to indicate that he ever received
-54-
medical treatment for injuries sustained in the line of duty. He did not receive the purple heart. III-2 It is interesting to note that Hubbard's father had a naval career and during
~'~ the period in September - December 1975 when the father be- .
came ill and died, Hubbard sold his "flagship", the "Apollo" and set up his land base in Clearwater.
On October 15, 1947, Hubbard wrote a letter to the Veterans' Administration requesting treatment. The request concerned "~ mind which I had every reason to suppose was seriously affected. I cannot account for, nor rise above, long periods of moroseness
III-3 and suicidal inclinations" (Emphasis suppled)
The foregoing letter and other Hubbard activities at the time, including his involvement in the occult, suggest that Hubbard was bordering on the brink of serious mental illness following WW II, and that his in-patient treatment from September 5, 1945 to December 4, 1945 at the Oak i~cwles Hospital may have been for treatment of an undisclosed mental or emo- tional disorder. However, the records for this hospitalization will not be released without Hubbard's consent and the nature
III-2 of the trea~~ent he received at ©ak Knowles may never be known.
Hubbard's possible mental illness is also indicated in a series of events which allegedly took place shortly after his discharge from the U.S. Navy in 1945. In the book, "Ritual Magic in England," Francis King describes Hubbard's involve- ment with Jack Parsons, a fellow involved in ritual magic and the occult. Parsons was a disciple of the "Hermetic Order of the Golden Dawn':, an occult group founded in Eng±ana. Parsons associated with an author, Aleister Crowley. In that year, Parsons struck up a "close and immediate" friendship with Hubbard, and in a letter to Crowley at the beginning
-55-
of 1946, Parsons said of Hubbard, "He is a gentleman, red hair, green eyes, honest and intelligent, and we have become great friends. Although he has not formal training in magic, he has an extraordinary amount of experience and understanding in the field. Ron appears to have some sort of highly developed,
astral vision; he describes his angel as a beautiful winged woman with red hair whom he calls the Empress and who has
III-4 guided him through his life and saved him many times."
King relates that during the First World War, Crowely wrote a novel called "The Butterfly Net", which was later published under the name of "Moonchild". This book relates the story of a magical operation in which a particular type of spirit is supposedly in an unborn human embryo "by surround- ing the mother with appropriate influences, carrying out certain rituals, etc. Parsons wished to carry out such an operation designed to achieve the incarnation of Babylon - an aspect of the great mother goddess Nuit - in an unborn child, and he decided that Hubbard would make an ideal co-worker."
King states that in order to obtain a woman prepared to bear this magical child, "Parsons and Hubbard engaged them- selves for eleven days in rituals." After some time the rituals had the desired result when on January 14, so Parsons said, "Hubbard had a candle knocked.out of his handy Parsons went on to record that Hubbard called him, and "we observed a brownish-yellow light about seven feet high. I brandished a magical sword, and it disappeared. Ron's right arm was para- lyzed for the rest of the night. " III-4
According to Parsons, on the next night, "Hubbard had
a vision of an enemy of the O.T.O. (Crowley's occult group) ,
-56-
and 'attacked the figure, and pinned it to the door with four throwing knives, at which he is an expert.'"
King relates that the foregoing activities of Hubbard and Parsons allegedly achieved the desired result because on January 18,
"Parsons found a girl who was prepared to become the mother of Babylon, and go through the required incarnation rituals. During these rituals, which took place on the first three days of March, 1946, Parsons was high priest, and had sexual inter- course with the girl, while Hubbard who ~as present, acted as skryer, seer, or clairvoyant, and described what was supposed to be happening on the astral plane. Parsons believed that he had been successful in this operation, and wrote to Crowley: 'I can hardly tell you or decide how much to write. I am under the command of extreme secrecy. I have had the most important, devastating experience of my life', to which Crowley, for once at a loss to know what was going on, replied: 'You have me completely puzzled by your remarks, I thought I had the most morbid imagination, but it seems I have not. I cannot form the slightest idea what you can possibly mean' The same day, Crowley wrote to Karl Gemer, his heir-apparent to the headship of O.TO.: 'Apparently Parsons or Hubbard or somebody is producing a moon child. I get fairly frantic when I contemplate the idiocy of these louts'" (Emphasis supplied)£±±-4
The foregoing story bears a remarkable resemblance to
that of a girl who defected from Scientology in 1979. She had been coerced into a perverted act of sexual intercourse with a man fitting Hubbard's description in Hubbard's private quarters at the Fifield Manor in Los Angeles. She describes the event as one where "my mind was being ripped away from me by force", while the man lay on her for one hour without erec-
IX tion and without ever saying a word.
King describes how Parsons and Hubbard had sealed their friendship by opening a joint bank account. '~=~o~s contributed his life savings of about $17,000, while Hubbard
-57-
contributed approximately $1,000. This aroused Crowley's sus- picions and he wrote to Karl Gemer:
"It seems to me, on the information of our brethren in California that Parsons has got in a rumination in which he lost all his personal independence. From our brother's account, he has given away both his girl and his money. Apparently it is the ordinary confidence trick." (Emphasis supplied) III-4
By this time, as the story goes, Hubbard had withdrawn about $10,000 from the joint bank account, and used it to buy a yacht. The disillusioned Parsons pursued him to Florida, where he wrote to Crowley on July 5, 1946: "Here I am in Miami pursuing the children of my folly. I have them well tied up. They cannot move without his going to jail. However, I am afraid that most of the money has already been spent. I
,, III-4 will be lucky to salvage three to five thousand dollars.
King states that according to Parson, "Hubbard attempted to escape me, by sailing at 5:00 p.m. I performed a full invo- cation to Bartzabel (the spirit of Mars), within the Circle at 8:00 p.m. (a curse). At the same time, however, his ship was struck by a sudden squall off the coast, which ripped off his sails and forced him back to part where I took the boat in custody". Parsons died in 1952, after taking the oath of Anti-Chirst when there was an explosion of rocket fuel in his
III-4 laboratory at Pasadena, California.
According to King, Hubbard and Scientology explain these
strange events with the claim that Hubbard allegedly was working as a covert agent for the F.B.I. or the Navy. However, this claim appears to be a typical Hubbard falsehood.
In the late 1940's and early 1950's, Hubbard was pursu~n~ =
career as a science fiction writer. Hubbard's science fiction writin<
I
-58-
led him to the field of mental health and religion. Combining all three areas, Hubbard wrote the book, "Dianetics:/ Modern Science of Mental Health." It became a best seller.
Hubbard claimed to have tested hundreds of subjects over
a period of many years in the research and writing of Dianetics. However, according to corresponcence from Ron Hubbard, Jr., his first born son, who now lives under a different name, Hubbard's writing style was one of writing "off the top" of his head mixing fact, imagination and science fiction and claiming a "scientific" basis for his conclusions, case studies and theories.
According to the son, Dianetics was written in three months. The son states that Dianetics reveals his father's ohssession about abortion and sexual perversion, rather than being the pro- duct of real case studies. The son writes:
"But there was something in my father's past that explains his obsession with abortions. The fol- lwoing incident happened in Bremetron, Washington between January and September of 1941, and the reason he can pinpoint dates is that I moved 49 times by the time I was 19, and I have a list of each place I lieved in and can relate incident? to that location. One night while we lived in that house in Washington, I remember being awakened in the middle of one terrifying night by my mother's screams coming frc~a the bedroom across the way. I snuck out of my room, walked across to theirs, and peaked into the room since the door was ajar. All the lights were on in that room. I saw my mother lying on her back naked on the bed and my father sitting on her stomach, facing her feet. He was dressed in a Chinese robe with a multicolored (I believe black, red, green and yellow) dragon embroidered on the back of it.
I didn't understand what was happening, but I was petrified and ran to my bedroom and jumped back in bed trying not to think about ~the screams or what I had seen. I quieted down after a while, but then I heard more screaming and since I couldn't sleep, I snuck out again. When I peaked in at that time, I saw that there was also a man there with a black bag, who I assume was a ~octor, and he kept telling my father that she had to be hospitalized. I still remember his exact words; he kept saying that "it had to come out".
-59-
But I also remember that my father kept arguing and insisting that he would not let her go to a hospital.
That rs all I recall of this incident except that the next day I saw sheets in the garbage can which had blood on them. When I was older, and had enough courage to admit to my mother that I had been watching that night, and to ask her exactly what had happened, ! she told me that he had forced her to have two abor- tions during their marriage. III-5
Dianetics, and the practice of it, purportedly was to be the elixir of all human illnesses and weaknesses. The sale of dianetics led to Hubbard's creation of the "Dianetic Foundation" The Dianetic Foundation, to research Hubbard's theories was shortlived and led Hubbard to begin Scientology.
According to the Federal Bureau of Investigation informa- tion file, and miscellaneous other sources, there is consid- erable evidence that Hubbard suffered from serious paranoia and delusion for most years of his life following 1945. This is apparent from his writings, both public and private, and from his personal life. On April 11, 1951, a Los Angeles Times arti- cle reported that Hubbard kidnapped his wife Sarah and his ~ugh- ter, Alexis, and told her to commit suicide. Just prior to this article, on March 3, 1951, Hubbard wrote a letter to the F.B.I. concerning infiltration by communists into his Organization, charging that his wife, Sarah, might be a communist. Hubbard wrote a letter dated July 29, 1955 on stationery with the let- ters, D.D. and Ph.D. following his name (apparently for "Doctor of Dianetics"). In the July 29 letter, Hubbard claims that the Russians were seeking to enlist his aid, inviting him to Russia, apparently because of the "brainwashing" techniques he had de- veloped in Dianetics. III-6
t
-60-
In a subsequent letter dated September 7, 1955, evidence of Hubbard's obsession with Communists, "brainwashing" and his own mental health is apparent from the following excerpt:
"After we so informed the Defense Department about brain-washing technologies in our hands and offered them, we have been in a state of siege. Understand that we accuse the D.D. of nothing.
...People in suspicious condition were sent from one place in Southern California to be "treated by Scientology" for insanity and yet we have no interest in treating anyone, especially the insane. Now two more people go suddenly and inexplicably insane in widely different places both the same way. All manner of defamatory rumors have been scattered around about me, questioning even my sanity which is fortunately a matter of good record with the Navy as by statement,iii_6 "having no psychotic or neurotic symptoms whatsoever.
At other times, the F.B.I. reports that Hubbard was arrested for leaving his daughter, Alexis, alone in a car, and was arrested in San Luis Obispo, Claifornia, in connection with petty
theft (checks). One F.B.I. report notes that Hubbard "appears
III-6 men tal"
In 1975, Hubbard's son, Quentin, by his marriage to Mary Sue Hubbard, apparently committed suicide in Las Vegas, Nevada. Quentin was found in a car with hose running into it from the exhaust pipe. He was taken to a hospital in Las Vegas where a Scientology agent was sent in to steal portions of his medical records.
b. Creation, operation and control of Scientology / Hubbard's creation of Scientology can be traced to late 1951
when the "Hubbard Dianetic Research Foundation", an organization formed by Hubbard to promote the benefits of Hubbard's book, Dianetics in California, experienced financial problems, which ultimately led to bankruptcy. Differences between Hubbard
-61-
and the Board of Contol of that Organization forced his with- drawal from it and he founded Scientology. Apparently, Sci- entclogy was first incorported in Phoenix, Arizona, on May 19, 1954 under the name of Hubbard Association of Scientology In- ternatonal (H.A.S.~.). At approximately the same time a simi- lar Scientology organization was incorporated in England under the name of Hubbard Association of Scientologists International
III-7 Limited.
The articles of incorporation of Hubbard's Associations of Scientologist International Limited, disclose that the Company was organized to conduct and carry on any and all scientific re- search, and more particularly the dissemination and advancement of knowledge of the human mind, mental, psychosomatic, and al- lied fields; to conduct schools and classes; to establish clin- ics; to publish and have published books, articles, letters, papers, magazines, and other periodicals. As the years passed, other organizations of Scientology were begun in Saint Hill, England, in Washington, D.C., Los Angeles, Ca.; Auk land, New Zealand; Melbourne, Australia; (New York City, San Diego, Ca); Berlin, Paris,
(Detroit, Mi., Dallas and Twin Cities , Toronto, (Boston), and III-7, 1 Florida).
Highly efficient lines of communication were and are main- tained between Hubbard's first headquarters at Saint Hill, En- gland, and now at his secret bases in the U.S., and all of the central organizations. For instance, a central organization in Clearwater, Florida or Boston, Massachusetts is in direct telex communication with Hubbard, or his designees, sending information
iV-1 and receiving orders.
-62-
The Hubbard Communicatons Office, (H.C,O., Worldwide), controls all written communcations to and from Hubbard. The function of H.C.O ~ww) is described in a Hubbard Communications Office Policy Letter of February 18, 1964. H.C.O. (ww) is con- cerned with the organizations of Scientology on a worldwide basis. It deals with Hubbardrs personal communications to and from the H.C.O.'s, orgs, and franchise holders (the Missions). It sends out Hubbardrs policies and technical data. It has its own direct line to the H.C.O.'s, orgs, and franchise holders all over the world. It keeps a close supervisory eye on local Scientologists to ensure conformity to a "proper standard of
IV-1 Scientology ethics"
There is a constant stream cf communication flowing from Hubbard and his now secret base via the H.C.O. to the various branches throughout the world. These communications contain instructions for carrying out various Guardian's Office (Se- cret Police) activities. IV-1
Up until the mid-1960's the H.C.O. Office was the "Police Force which governs the H.A.S.I." Due to the inherent insta- bility of Scientology organizations, it became apparent to Hukbard in the mid-1960's to establish a separate police force to govern and oversee Scientology organizations throughout the World. This police force became known as the "Guardian's Of- fice", and it is run by Hubbard via Hubbard's wife, Mary Sue. The Guardian's Office is responsible for carrying cut ov~rt and covert operations against former and fellow Scientologists,
private citizens, and governmental agencies both on the local ) and federal level as well as maintaining internal order in Sci-
IV-2, I entology organizations.
-63-
Financial control of the Church of Scientology, from its inception through the early 1970's was through a system of ac- counting based on instructions issued by the Hubbard Communi- cations Office Worldwide under the direction of Hubbard. These ~-_
instructions set out accounting records to be kept, procedures to be carried out and directions as to financial policy. A very
IV-3 large measure of financial control is exercised by H.C.O. (WW)
The accounting system is largely manual, and carried out by unskilled clerical labor. A method of invoicing is used to account for both income and expenditures. In respect to income, serial numbered invoices are placed in an invoicing machine for issue as receipts in debit and credit notes. A separate invoi-
cing machine is in use for disbursements. An invoice is is-
IV-3 sued for each payment.
Each week's transactions are treated as a single accounting period, and copies of receipts and payments, and invoices to- gether with a summary for each week are filed separately from the records applicable to other weeks' transactions. Each week's transactions are then telexed via financial offices at the local organizations to the financial offices of Hubbard. L. Ron Hub- bard or Mary Sue Hubbard were the only persons authorized to draw checks on any Scientology account worldwide, until the mid- 1960's except for organization accounts dealing with expenditures
IV-3 for operating expenses.
Later, Hubbard funnelled large amounts of Scientology
income to ~ Panamanian corporation which owned his ship,
the "Apollo" Th~s was the subject of intensive investigation
by the !.R.S.
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During the-1960's and 1970rs large sums of Scientology
"tax exempt" funds disappeared and many individuals began lodging complaints against Hubbard and Scientology. As a re- sult of government investigation, Hubbard purchased a number of ships in wh~ch he established his base of operations and used his telex system to communicate to all central organiza- tions in the world. Although Hubbard attempted to disguise the nature of the ships' business and their whereabouts, Interpol, the international police force, kept a close watch on Hubbard's activities throughout the world. As a result of Interpol's work, Hubbard's ships were either refused port or not permitted
to remain beyond replenishing stores and fuel. i~~ As a result of numerous intercontinental investigations,
and reported deaths and hospitalizations of Scientology vic- tims, and as a result of investigations undertaken by the Uni- ted States Government, Hubbard instituted one of the largest Scientology overt and covert operations against nations all over the world. The program was entitled, "The Snow White Program". This Scientology Guardian's Office program placed
agents in more than thirty countries for the purpose of stealing files, infiltrating local and federal governments, replacing ad- / verse Scientology files with favorable ones, pressuring public ~ officials to allow Hubbard entry into its country, and as a 1 last resort, if necessary, bribery.
The result of this operation and its success is not fully known. However, after a period of one and one half years, Hub- bard purchase~ = ~,~=~ of large b,~,~ngs in Clearwater, Flori- da for the purpose of setting up his "land base" in late 1975.
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A description of Scientology operations in Clearwater and its criminal activity is set forth in subsection (D) of this Sec- tion.
From 1975 to the present, Hubbard has maintained secret bases in Dunedin, Florida; Gilman Hot Springs, California; and Laquinta, California.
The purpose of the secret bases is twofold: first, in order to effectively control all Scientology operations, Hub- bard maintains the secret telex systems at his bases allowing him the control necessary without outside interference. Second- ly, the whereabouts of Hubbard is sought by both state and fed- eral officials and private litigants.
2. Structure of Scientology
The organizational structure of Scientology can be found
in a Scientology diagram in Appendix IV-4. These diagrams gra- phically show the line of command for Scientology starting from
L. Ron Hubbard down to the local "org" (churches), and "missions".
A description of this chain of command starts at the local level and works up through the various command lines reaching Hubbard at the very top.
Throughout various cities in the United States, local Sci- entology organizations are commonly called "orgs" Each org has seven divisions within it, each responsible for carrying out its particular operation. uivi~ion I, co~on!y called the
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H.C.O. Division or Hubbard Communications Office, is responsi-
ble for overseeing the operations of the "org" and reporting
its findings to Hubbard. It is also responsible for ensuring
the proper collection of funds involving payments or royalties
to Hubbard. Division VII is commonly used by the "FLAG" repre- sentative. the "FLAG" representative is a person sent from Clearwater, Florida, Scientology's East Coast Headquarters, to oversee management in the local org, and ensure tkat funds flow to the FLAG land base in Clearwater, Florida. The other departments in the local Scientology organization include Finance, whose purpose is the collection of all funds from, and disbursements for the org and payments to: FLAG land base in Clearwater, Flor- ida, Hubbard Communications Office, Guardian's Office, and other areas. The Dissemination department and the Technical department are responsible for body routing or soliciting persons on the street, bringing them into the org, selling them the services
IV-5 and beginning the auditing processes.
Aside from these seven departments, each organization has overseeing all its operations the "Guardian's Office" or secret police. The Guardian's Office responsibilities include preven- ting any persons either Scientologists on non-Scientologists from exposing or "attacking" L. Ron Hubbard or Scientology. These purported "attacks" are usually in the form of articles in newspapers or magazines, or lawsuits where a victim seeks to exercise his First Amendment or judicial rights. Once an "attack" is located, the Guardian's Office institutes a plan of operation against either the individuals or entity attacking Scientology. The Guardian's Of~ ~n]y engages in burglary, larceny, kidnapping, extortion, blackmail, perjury, and electron-
ic surveillance to achieve its purpose. Some of the details con-
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V cerning these operations are set forth in subsection (D).
The Guardian's Office also ensures that all the orders of Hubbard and his subordinates are carried out at the local lev- el.
The seven departments of the local organization and the Guardian's Office each report to a similar set of departments at a higher level. This higher level is the U.S. headquarters of Scientology, and found in Los Angeles, California. Once in- formation leaves the local level it proceeds on either one of two major chains of command. The first chain originates from any of the seven departments previously mentioned, and passes to upper levels either at the headquarters in Los Angeles, Ca- lifornia, or to the FLAG land base in Clearwater, Florida, or both. The second chain of information is the Guardian's Office
(G.O.) . The diagram in Appendix IV shows how G.O. information is transmitted from the local Guardian's Office level to the U.S. Guardian's Office level in Los Angeles, California, to the Deputy Guardian, Worldw~e and then the Guardian Worldwide located in England, and on to Mary Sue Hubbard, Controller of the Guardian's Office, and finally to L. Ron Hubbard.
B. Factualaccount of Scientology policies, practices and business methods
1. Marketing and Sales Policies
Publicly, Scientology holds itself out to be a scienti- fic, religious, and law-abiding organization. The evidence suggests that it is neither scientific, religious or law-abi- ding. Scientology's primary public purpose is to "clear the
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planet" In order to "clear the planet", Scientology seeks to proselytize all human beings, into Scientology.
Hubbard has developed methods by which people are lured into Scientology and once ensnared, are kept in subjug~ciDn. The methods he has devised for procuring 'bodies in the shop", are procedures written in a number of Hubbard's own policy lette~ for each of the Scientology organizations. These methods include techniques utilizing deception designed to entice peo- ple into Scientology by creating and exploiting anxieties and fears which constrain them to embark upon Scientology processing to cure their real or imagined ills. The process of recruitment begins with either advertising or direct solicitation of persons on the street by Scientologists called "body routers".
When being solicited, people are commonly told that the primary aim of Scientology is to make people more able, and im- prove their communication with others. They are told that a clear, analytical mind and a stable understanding of life are the necessities for success, motivation and stability in every
trade or profession in all life's activities. Once a person's interest is somewhat aroused, a Scientology questioner asks the "raw meat", or general public, "would you like to take a free intelligence and personality tes~" The Scientology ques- tioner will then attempt to bring the "raw meat", into the "shop", or Scientology organization to take the free personality test. If the person balks, and shows no interests in taking the test, other sales techniques are employed in order to get the "body
VI-1 in the shop"
Some of these methods, taught in the "Big League Sales Course", include questioning the "raw meat", about overcoming
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confusion in their work, handling othersaround them, achieving long sought-after promotions, becoming happier, making you hap- pier and less tied in the home, how to save on the family budget, how to have more friends, how to understand your husband or children, increasing your I.W., concentration, etc., etc., etc. Careful statistics are kept throughout this process as to the particular Scientology questioner's success. If a particular problem or "Button" is found in a person, Scientology zeroes in on this problem and "scientifically guarantees" a cure. Many individuals have been promised cures of physical diseases such
as arthritis or cancer, weight problems, alcohol and drug abuse,
VI-2 or emotional instability.
Careful statistics are kept throughout this process as to the particular Scientology questioners' success in routing bodies into the shop. Presently, the personality test is the key re- cruiting tool employed by Scientologists to "route bodies into the shop".
The first step in this process is the personality test. The personality test is a series of ~o hundred questions con- structed by Hubbard which purportedly reveals any aspect of
their life whether physical, emotional, or spiritual that VI-3 Scientologists claim is not considered normal.
Once the personality test is taken, either through the mail or in the "org", Hubbard's sales techniques are employed to show the person's defective personality assessment. The following example is a typical application of Hubbard's sales policies. The ? individual was told that though he had a high I.Q., and was a genius, and could do anything he wanted to, his character as the graph showed, was defective, that he was mentally unstable, and that he was going to have a mental breakdown in eighteen months time unless
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he had Scientology help, and it was also suggested that he had homosexual tendencies. He was put on the Scientology "E-meter",
(a crude lie-detector) and when asked the question, "Do you have problems?" deliberately squeezed the cans which made the needle jump and caused the interviewer to write notes furiously. He was urged to return for treatment, but did not do so.
Thereafter, he received a series of letters extending over twelve months of which the following extracts are a sample: "Would you write me out a list of your goals and ambitions for life, and if you think Scientology can help you obtain them?"
"From the look of your file, you were a pretty worried boy last year. Most of your points on the graph are in Urgent At- tention Required, so I suggest you call in this year for a new case assessment and find out what can be done to help your mind"
"With an I.Q. like yours, you shouldn't have failures on exams~ But of course when you're not happy, you certainly can't put your mind on study, can you?"
"When are you coming to see us again2"
"How did you go with your exams last year? We can help you become more able regarding study"
"When will you be able to do the such-and-such a course
you paid a deposit on last September?"
"You can talk to us about your failures in life. You need to have someone to communicate to about your difficulties, so why
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not now?"
"It seems to me that you had quite serious problems
when you did your personality test last year. Come in and do
VI-4 ~ another, and see how you feel now".
Once the Scientology sales force snares an individual, usually through the use of the personality test, this new "raw meat", is now ready for handling and reception.
In H.C.O. policy letter of December 31, 1963, under the heading, "Handling Incoming People", Hubbard writes:
"Reception must regard any people who walk in, except tradespeople and business callers as potential pre-clears and students. Snap them onto our lines. Sign them up for something, and get them wheeling along our efficient lines. Process and train them when they walk up the front steps. Get ther person's name, address, and phone number. Make a green slip used for this purpose, and change of address."
"...anyone wishing general information on dianetics and Scientology, should be routed to the Registrar...For new people, always recommend to Persons. The Persons Effi- ciency Course, now the Communications Course and get the person a book."
In H.C.O. Newsletter of May 7, 1962, the following in- structions are given: "Register every new person walking in the door, even the postman. No matter what they say, if they are there, they have come in for help. Sell them a book. Don't let them leave without something...Sign every new person up for testing and an interview. Put them on the meter and pull ~heir "withholds"
(what people should have found out about them and didn't)...Sign up students for a specific period of time and get payment in advance. Sign up a pre-clear for an in- tensive of the length necessary to get a major case change that is real to him. If the guy needs one hundred hours, audit him for one hundred hours. Let the pre-c!ear fi- nance his own auditing. You're not in the credit busi- ness." VI-4
In H.C.O. Bulletin of April 9, 1962, Hubbard gives these instructions:
"When the prospect comes in, see him or her at once. (No waiting). Be courteous, friendly, business-like. Rise
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when they enter and leave. Call reception to show them out if they stay too long. Be willing to take their money. Always prefer cash to notes. We are not a credit company. Always see the student or the P.C. before they leave the place after service. You can often sell more training or process .... It is a maxim that unless you have bodies in ~h~ shop, you get no income. So on any oretext, qet boaies in the place, and provide ingress to the regi- strar when they are there." VI-4 (Emphasis supplied)
Hubbard has shown remarkable acumen as a high-pressure sales- man. He recognizes the need for creating an interest in the prospective buyer, and then of stimulating and developing that interest with a tantalizing but incomplete look at the next stage, for which those persons with interest now aroused in his Scientology wares feel they need or have a curiosity to explore. He has marked down as his particular victims the more gullible, and he has devised sedulous means whereby the victims' interest, once aroused, is not allowed to dwindle until he has come effectively under Scientology's domination, and then it is too late. In Hubbard's directives, policy let- ters, bulletins, and the like, he has laid down precise tech- niques to be used to arouse and sustain interest and effectively capture "raw meat", for the "org". From a legal perspective this is commonly called a "bait and switch" scheme. The bait is the offer of something free, namely free lectures, free per- sonality tests, and information in order to get the victim into the "org" The "switch" is to courses and "auditing"
VI-5 which leads to exorbitant fees and Scientology bondage.
The detailed and precise instructions of Hubbard with re- spect to the personality test and Communicaton Course appear in the following substantial extracts from the bulletins: In H.C.O. bulletin of September 29, 1959, entitled "The Organi- zation of a P.E. Foundation", Hubbard writes:
"P.E Foundation in its attitude goes for broke on ~%e %
newcomers, builds up their interest with lectures, and
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knocks their cases apart with com course and upper indoc... The student does not get out of the corn course until he can be trusted to show up well in a muzzled co-audit... NEVER...Let anyone simply walk out. Convince him he's a loony i~ he doesn't gain on it, because that is v_ne t£utn... T~ole dream of a P.E. Foundation is to get the people in fast, get them invoiced in a congress type assembly line, no waiting, get them hot, excited, positive service and boot them through to their H.A.S. (Hubbard Apprentice Scientologist course), and then worry about something else with them. Never let a student leave or quit - introvert him like a bullet and get him to get audited. If he gets no reality, don rt let him wander out. If he walks 5 in that door as a P.C., that's it. He doesn't get out except into an individual auditor's hands in the real tough cases, until he has an H.A.S." VI-6 (Emphasis supplied)
A month after the last mentioned policy letter, Hubbard in pclicy letter of November 24, 1960, entitled "testing Promo-
tion Revised" gave precise instructions to staff members as !
to the manner in which an "incomer" or "raw meat", should be dealt with by the "evaluator" to ensure success in procuring the "incomer" This particular policy letter shows the abso- lute control Hubbard maintained over his sales force to pro- cure "bodies in the shop", or "raw meat"
In this letter Hubbard wrote,
"Evaluator takes incomer off meter without explanation, and turns to graph. Evaluator now explains each point of graph. But it is vital that at each low point, where explained, he adds, "Scientology can help that". This is said directly to make an impingement. The wording can be varied, but the sense must be the same. Do not precede this statement with "Don't worry", or the like, as this cancels impingement. Graph done, evaluator explains I.Q. If low, he says "Scientology training can raise that". He explains level of I.Q., tell person even if it's high, that I.Q. means little unless person knows something with it. Evaluator now takes up the meter case assessment sheet. Here he tells of P.C's future. It is done by looking at P.C.s statement of his past and by rephrasing saying "It is going to happen", (without Scientology fates don't change much. Accidents, divorces, etc., happen again). This is all rapid!y done. Factually, expertly,...the evaluator now leans back and says, "that's it". Incomer is hanging on ropes. If incomer says anything like "What can I do about it?" evaluator says, "That is very com- mendable. A good point in your favor, wanting to do something about it. I'm a technical person, not a sales personnel. Confidentially though, I'll give you a tip. Don't spend money foolishly until you know what you're spendil~ it for. Psychiatrists and so forth could cost ._ you thousands. You'd buy anything they said, because you know little about the mind. Why don't you take an anatomy
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course and learn something about the mind? That's just a tip. It's cheap and you'll be wiser about what to do about yourself. The person over there is in the Service Department. Ask him.-~,.If the incomer walks out without buying, the P.R. man ~even if he is interviewing someone else, and even if incomer has not approached him), rushes over and give incomer a copy of "Problems at Work", and "Dianetics: Evolution of a Science", and says, "Here are two books that might help you", and without waiting for an answer, goes back to his desk. The above routine is at this time a set, fixed activity. As it works further, it may be improved." VI-7
2. The effect of Scientology practices on the mind and personal ity
The investigations and Reports from other nations inclu- ding England and Australia support most of the conclusions reached by the authors of this Report regarding Scientology practices. The Reports contained in the Appendices to this Report were prepared prior to exposure of the incredible pat- tern of worldwide criminal activity engaged in by the "brain- washed" puppets of Hubbard and Scientology. Yet those Re- ports were remarkably prophetic in detailing the destructive impact of Scientology on the mind and the personality, parti- cularly in connection with inducing victims toward the commi- ssion of criminal and anti-social acts. The following analysis is primarily gleaned from the Reports contained in the Appen- dices
Almost invariably, a person who enters Scientology has
been told he is "low toned", and that Scientology can raise him on the tone scale. In nearly every case he will have been told that whatever his I.Q may be, Scientology can in- crease it, and that certain personality traits shown on the
assessment of his personality test as urgently needing attention ) can be improved by Scientology processing. He will have heard
of the fantastic successes claimed to have been achieved by
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Scientology in the fields of mental or physical health, or both, and in general well-being. He will have read, perhaps uncritically, and without fully appreciating what he read, some of the introductory literature of Scientology, including the extravagantly false claims about Hubbardrs background.
His preoccupation with his own particular ambitions, condi- tions and problems, leaves him a ready prey to extravagant butconfidently asserted claims, and he sees the rosy pros- pect of improvement, recovery, rehabilitation, success and happiness, almost within his grasp. His initial experience with Scientology in the Communications course, the next step beyond the personality test, may have cheered and encouraged him. He has been made welcome, greeted by his first name, made to feel important by being told by a competently delivered "pep talk", that he is as good as the next man, until he is preparedto go along with Scientology.
It is common psychiatric knowledge that the type of person who would be likely to respond to attractive promises and offers contained in the personality test advertisement and invitations to take the Communications course would be those who would be likely to feel insecure, inadequate, inferior and anxious - the person who is usually a poor mixer, feels lonely or un- loved, feels he is not recognized for what he really is, and finds the business of living too burdensome. The class of persons attracted is not limited to such unfortunate people. The appeal is effective with normal people, and also with the greedy and the opportunist.
The free offer of the personality test makes a triple appeal: first, what is offered is more than a bargain, it is free; secondly, it is offering just the sort of release
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or escape or opportunity the worried person thinks he needs; and, thirdly~ it engenders in the mind of such a person the thought that the organization offering such wonderful things free must be of superior stature and quality to be able to achieve the wonderful results promised. This superior sta- ture and quality is employed through the deception practiced by Scientology through misleading use of titles, qualifications, and insignia, for the purpose of conveying the false impres- sion that Scientologists so described have valuable qualifi- cations. As mentioned earlier, Hubbard makes false claims to a degree in engineering from the George Washington University, and Princeton University, and his "Ph. D." appears to be from an unaccredited institution. The title, "Doctor", which he sometimes uses is based on the Ph. D., or on a Doctorate of Divinity, virtually self-bestowed and granted, it seems, by one of his own institutions. The founding churches of Scien- tology have awards entitled, "Doctor of Divinity", "Minister of the Church", and "Spiritual Counselor".
The Scientology qualifications are designated by the various letters which likewise deceive. These are degrees of "Doctor of Scientology", and "Bachelor of ScLentology", respectively designated by "D.Scn.", and "B,Scn.", both intended to suggest an affinity with "D.Sc.", and "B.Sc.", which are appropriate to Doctor of Science and Bachelor of Science, both well known university degrees. Hubbard uses stationery with the letters D.D. and Ph.D. after his name.
Once the "raw meat" is beyond the personality test, and
ready for Scientology courses, processing and auditing, great \ efforts are made to impress the person at the earliest stage.
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An atmosphere of efficiency prevails; a particular point is made of punctuality, the instructors and staff are outwardly confident and certain of themselves; at the first lecture the individual is addressed by his first name, and so flat- tered that he begins to feel that Scientology is already doing him some good. At the end of the first course or day, the time of the next course or day is mentioned and the in- structor makes sure everyone intends to attend. Any waverer is questioned, given some suggestion as to how to overcome the difficulty of attending, and then told that he will be present at the next course. "No" is not taken as an answer, and the impressed beginner is somehow constrained to attend.
The inadequate and inferior person, having experienced the pleasure of being accepted and being shown affection by the organization, feels a desire to reciprocate; he wants to prove his worthiness to be ~ccepted and loved, and he enthu- siastically seeks to please in whatever way he can. The way expected of him is to show continuing interest and later to participate at his own expense in the activities of the or- ganization.
A stage when the new student or "preclear", is entering into Scientology, he is sometimes security checked, that is, he is interrogated at great length, according to a set for- mula, and on these occasions he has sometimes been asked such questions as, "Do you deserve to be helped by Scien- tology?" This heightens his desire to demonstrate his worthi- ness, and at the same time to increase his dependence on Sclentoiogy.
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Once through with these beginning courses, the "pre-clear" is now ready for Scientology auditing.
Scientology auditing is a form of psychotherapy. Gener- ally, the pre-clear sits at a table, holding on to a set of cans which are wired into the device known as the E- meter. The E-meter measures galvanic skin response between the pre-clear's hands and the cans of the E-meter, making such a device a crude lie detector. On the other side of the table sits the Scientology auditor, the auditor is trained to probe and record everything the pre-clear says. While the pre-clear is talking, the auditor analyzes the E-meter responses, to determine if the preclear is lying.
In auditing, the preclear, with his inhibitions in sus- pense, reveals his secret faults and recalls and acknow- ledges his inadequacies and transgressions. The mental dis- tress attendant upon such feelings of guilt make him wish to obtain some relief from his discomfort, by atonement, con- fession, or redress~ it renders him more likely to subject himself to the confessional, sacrificial, and self-abasing process of auditing whereby he can purge himself of his shortcomings; and it develops in him almost a missionary zeal whereby he has the urge to render the same service to others. He is thus seeking to emulate the auditor on whom he has developed an increasing dependency and on the role of an auditor in which he himself hopes one day to enjoy the same sense of power over his own pre-clears.
) Scientology seems to the pre-clear to be a short cut to
success, power, and authority. It makes unnecessary, so it
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seems to be pre-clear, persistence with one's secular studies, or interests, and it enables him to ignore the reality of the world outside Scientology, together with its problems and respons ib i li ties.
All these halcyon concepts of Scientology and its practice
are the outcome of a potpourri of contributing factors - the individual's own inadequacy and gullibility, the desire to be thought worthy, the insidious advertising, the free personality test, the fantastic promises, the confident but shallow attitude of the instructors and the staff, the E-meter, the assurances of
success, the lure of the "clear", the hypnotic effect of tech-
/ niques even at this early stage - and the calculated springing
of the trap baited so temptingly for the unsuspecting victim. These promises are generally made as "scientific guarantees" which are particularly appealing to a person with a serious physical ailment ¢ serious emotional condition which the organization preys upon as the person's "ruin" or "button". The court decree in the Article
or Device case, discussed in various places throughout this Report, ~as specifically directed toward preventing this type of fraud.
Courses in auditing are carefully organized and conducted to induce in a pre-clear the desire for further auditing. Almost without exception, former members state that at the end of a typica.~ twenty-five hour intensive, the pre-clear is either depressed or elated; each of these conditions is taken as an indication that further processing is desirable. A depressed condition is said to indicate a need for more processing to raise the pre-clears up
tc,3~,~ ~ale; an elated condition is readily accepted by the pre- clear as a promising prelude to more processing. Pre-clears are processed into a strange world of illusion which offers
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an escape from reality, and they are conditioned to desire more and yet more processing until a state of imagined euphoria is reached and maintained. They thus develop a pitiful dependece upon Scientology that is a direct consequence of the hypnotic processes used, and this dependency is sedulously nurtured by the Scientologist.
Part of the Scientology technique is not to allow the pre- clear ever to achieve complete fulfillment of his aims, and the pre-clear who has not obtained good results is told that he could do better, and is left with the guilt feeling that he has not done his best. The feelings of guilt are thus accentuatad by encouraging the pre-clear to find fault with and further debase himself. Such a procedure is common in brainwashing techniques.
Through the years, Hubbard has added higher and higher Scientology auditing processes in order to have students contin- ually trying to reach the highest levels and paying the exor- bitant sums necessary to reach them. Years ago, the highest Scientology level was that of "Clear", and as time passed, he added the "O.T." level, or "Operating Thetan?.
in the initial or beginning stages of Scientology auditing,
the student or pre-clear reveals to the auditor intimate infor- mation about himself, friends, relatives, and enemies. As this information is given the auditor records it all. This inquest into a person's life can take many months of Scientology proces- sing, costing many thousands of dollars to the pre-c!ear. When the pre-cl~ar's funding runs cut, some pre-clears become staff members, giving their whole time or part time services for lit- tle or no financial reward, but with promises of salary, commission,
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Scientology auditing is of a confessional nature. The
pre-clear is encouraged to reveal his innermost secrets and thoughts, and to describe in detail all features of anything in his past life not necessarily a "previous life" which is troubling or has troubled him. Such a procedure involes a dredging up from the almost forgotten and ill remembered past of shameful thoughts and experiences. The questions are designed to ensure that no phase or feature of any guilt circmustance in the past is left unexplored: Processes such as "overt withold", scour the pre- clear's mind with questions like "Are you witholding anything?" Each aspect is savored, appraised, and dwelt upon. During these auditing process, processing files reveal that during this time the pre-clear is very frequently experiencing mental torture, which shows itself in contarted, flushed features, tears, moaning, inabilit to speak, apparent deafness, nausea, dizziness, sensations of pain, coma, and unconsciousness. Sometimes pre-clears are so distraught that they scream, develop murderous feelings and thoughts; their sexual passions are aroused, they act insanely, laugh hysterically, and engage in other irrational behavior, become violent, try to escape, and have to be restrained. There is considerable evidence of sexual activity during these "sessions". Such behavior is not unexpected by the Sciento!ogists.
In Scientology parlance, when such manifestations as these occu] the pre-clear is being "restimulated"; in fact, psychiatrists dec!ar~ he is being debased and mentally crippled. The Scientologists have their own names for these phenomena: for instance, coma and un- consciousness, are variously descrbied as "innaten" or "analytical
attenuation .... d~" a,~ "boiloff", the last- ) · mentioned being described in "Scientology 8-80" thus:
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"It is not uncommon for the pre-clear to go into periods which resemble sleep, but boiloffs are not sleep ..they can last for hours. As sudden wave of unconsciousness occurs because the pre-clear has run an outflow or inflow of energy beyond the limit of elesticity of the flow". In fact, the intensity of emotion produced by the auditing resulted in a condition of mental exhaustion.
Scientology auditing mobilizes guilt and can produce dan- gerous mental attitudes in persons who are suffering from anxiety. A distorted desire to debase and torture themselves develops in some preclears and they assume attitudes of guilt over conduct which is often innocent and often imagined. They are sometimes eu-
phoric and sometimes excoriate their minds. The purpose of Sciento~ processing is to keep the pre-clear permanently enthralled.
The brainwashed, hypnotized, pre-clear, does not advert to Hubbard's broken promises of infallible processes.
Although there are several features of Scientology which are to be condemned, its threat to health, particularly mental health, ranks paramount. One of the very grave aspects of Sci- entology is that the practitioners lack almost any medical know- ledge, and are unable to discern in a pre-clear symptoms,which to a medical practitioner,would indicate need for attention. For instance, a person exhibiting some degree of lethargy, a feeling of inadequacy, insecurity or anxiety, may be suffering from a cerebral tumor, some form of glandular disorder, drug intoxication, or some psychiatric condition, the detection of which is difficult even by skilled practitioners.
The danger to mental health is further emphasized by the peculiar basis of Scientology. Its practitioners use techniques
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built up a body of "knowledge", which is fanciful and simply ) not true: Thus Scientology treats its imaginary "diseases"
or "conditions", with its own fantasic procedures. The a- larming feature is that real diseases and conditions often do exist, and that often the fantastic Scientology procedures are positively harmful to the real conditions. It is like applying an oxywelding torch to a leaking rubber tube.
The greatest danger of Scientology auditing though may lie between the auditor and the Scientology auditing process and the Guardian's Office.
In Scientology auditing very detailed notes are made by the auditor of all that a pre-clear divulges, Even though Scientology promises that this information is never to be released or re- vealed, to anyone, should a pre-clear show any disposition to deviate or otherwise offend cr attack Scientology, he soon real- ises the~ grave embarassment of such records, and the great influence that Scientology has over him. On the occasions that a Scientologist has left the Organization or attempted to seek legal redress against it for its civil torts or criminal acti- vities, that person's "P.C. files", are sent to the local Guardian's Office. The local Guardian's Office then telexes that confidential information of "minds" to its superior. The Guardian's Office then utilizes ~hau information to "black- mail the attacker", to prevent that person from exposing Sci- entology. Clearwater is one of the three Scientology bases
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to the Nazi SS. At least one author,Sklar, "Gods and Beasts: ) The Nazis and the Occult" notes significant corollaries between
Nazi SS training and Hubbard's methods.
3. Enforcement Policies
The "schizophrenic" nature of Scientology is concretely illustrated in its so called enforcement policies. Although Scientology creed states that "all men have the right to think freely, to write freely, their own opinions and to encounter, to utter, or write about the opinions of others", Scientology policies are specifically designed to suppress free speech, subvert and destroy any written publications about them, and viciously harrass and attack those who seek to "write freely"
Scientology is organized and operated as a para-military organization with strict and sometimes brutally enforced poli- cies designed to preserve the subjugation of its members, and
prohibit exposure of its practices. These practices include
"security checks ," debt collection, "disconnect", a kidnapping policy called "The Blown Student", "Attack the Attacker", "Fair Game", and lastly a little-known policy called "R2-45"
a. Security Checks
Scientology regularly uses the "E-meter", which is a crude galvanometer or lie detector mechanism for "integrity proces- sing"and "security checks" of its employees Tests which are
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~'est which probes every aspect of a subject's lifetime acti- vities. The purpose of the security checks is primarily to determine whether or not anyone has infiltrated Scientology and thereby exposed its internal policies of fraud, deception, and criminal activity. The security checks are designed to elicit not only all of a person's lifetime activites, but also any immediate contacts or discussions or involvement of any nature or description that the subject had with anyone pertaining to Scientology, L. Ron Hubbard, Mary Sue Hubbard, or any of Scientoloqy's practices. Numerous Scientology de- fectors have chillingly described a "1984" type setting in which a person is told to "pick up the cans", for a "sec check", in order to determine if the person has any negative Scientol- ogy thoughts, as well as having engaged in any anti-Scientology
/X activities.
One former Scientologist described the origin of the security check and some of its implications in the following affidavit:
"LRH had written an HCOB on R/Ses and R/Sers. The HC©B basically said that R/Sers were Suppressive Persons. An R/Ser is one who "Rock slams on the List One:. An R/S is a reaction on the E-meter where the needle slams back and forth. It supposedly shows an area in which the person has overts and "evil intentions toward". If someone R/Sed on '~work", that meant he had evil intentions about work and overts on it. The "List One" is a list drawn up by LRH of about 50-70 items on Scientology. The list includes LRH, Mary Sue Hubbard, auditing, E- meters, auditors, clears, and basically anything else on Scientology. So if someone R/Sed while talking about LRH or Scientology, they were an "R/Ser", and therefore, a Suppressire Person. You were told that the overts someone has committed LRH were not necessarily this life- time - they could have been done in previous lifetimes, but the R/S showed that there were overts "somewhere on the time track" - all past lives to present. This pro- gram leads to the R.P.F., expanded dianetics and poten- tial suicide" IX-1
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immediately placed in the status of doubt with a threatened . ~ termination of his position. This factor alone violates many state laws and policies of private companies with regard to the use of lie detector testing. For example, Pennsylvania law provide s:
"a person is guilty of a misdemeanor of the second de- gree if he requires as a condition of employment that an employee or other individual shall take a polygraph test or any form of a mechanical or electircal lie de- tector test"
Eleven other states have chosen to regulate polygraph testing because of encroachment upon personal privacy and the arbi- trary, and invidious discrimination that can result. The pri- vate sector has also sought to prohibit polygraph testing as evidenced by the California Labor Code, Section 432.2 which pro- hibits its use. The fundamental policy objection to the use of polygraphs, is that it is degrading and could severely com- promise the dignity and impugn the integrity of the subject. Scientology's use of the lie detector for purposes not only of determining real or imaginary hostility to Hubbard, but also to collect the most intimate secrets of a person's life and then use those secrets for subsequent tortious purposes of extortion and blackmail is repugnant on its face. VIII - 1
b. Freeloaders' Debts
When Scientology prosetytizes a potential customer on the street, the first intent of the Organization is to extract from the person every dollar possible. Numerous individuals have recited a typical pattern of first being enticed through the free personality test, then paying a small amount of money for
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..... ~ ~~uve reporue,a ~a];'~ng unuusan=s, sometimes hundreds of thousands of dollars to Scientology for so-called auditing. The pattern continues with the individ- dual eventually running out of money, or losing his job be- cause of his involvement with Scientology. At that point, having sucked the person dry of his financial resources, the Organization then induces the individual to become a staff member. As a staff member, the individual is generally pro- mised a salary, free Scientology services, extravagant living conditions, and miscellaneous other promises designed to make the person become an active staff member. When the indivi- dual subsequently becomes increasingly aware of the insidious nature of the Organization, he then seeks his freedom and is threatened with, among other things, what is commonly called a
VIII- 2 "Freeloader's Debt"
A Freeloader's Debt is designed to keep the person within the Organization, prevent a potential law suit, prevent ex- posure, and falls in line with the "Attack the Attacker" and the "Fair Game" policy hereinafter discussed. There are many reported instances where an individual, upon defecting from Scientology is threatened with a huge debt for services rendered to him or her while a staff member. Although the person has never received a salary in line with the work that he has done for the Organization, and traditionally never received the living conditions promised, both of which would give the for- mer member legal grounds for suing the Organization, one of the threshold methods of blocking the suit, is to threaten the former member with a suit for collection of the "Free- loader's Debt"'
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or eighteen, ~ ~ Says F~a~ week, fourteen to eighteen hours per day, in slave labor conditions, eventu- ally escaped from the organization, was later kidnapped, and escaped again. After her second escape, Scientologists sent her a bill in excess of $60,000 for services allegedly rend~red to her. This particular individual had worked in Clearwater for a number of years for virtually no pay, sleeping in a corridor, and with inadequate food. Scientology sent her the
bill in order to psychologically terrorize her and prevent her from seeking legal redress for everything that was done to her~X'-2 Many other individuals have stated they are afraid of pursuing their legal rights against Scientology because of their "Free- loader's Debt". One individual who had been a staff member for a number of years, went out and obtained regular employment.
When the Scientologists learned of he~ employment, they wrote him letters threatening to sue him for her Freeloader's Debt, and terrorized the individual into giving them a substantial portion of her weekly pay check, until the alleged debt was paid. Such incidents are not untypica!.
c. Disconnect
One of Scientology's methods of keeping its staff members from defecting involves an adjunct to its brainwashing tech- niques called "Disconnect". This policy is set forth in the HCO policy letter of December 23, 1965, and states as follows:
"Disconnection from a family member or cessation of adherence to a Suppressire Person or Group is done by .i_ the Potential Trouble Source. Publicly publishing ~he fact, as in the legal notices of "The Auditor", and public announcement and taking any required civil action
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of the policy of Disconnect, sometimes with incredibly twisted and perverted results. The policy is designed not only to pre- vent new staff members from contacting their parents, rela- tives, or friends, who may seek to enlighten them about Sci- entology, but also as a means of obtaining money. In many in- stances, situations have been reported where Scientology has forced a husband or a wife to disconnect from a non-Scientology spouse. The purpose of the Disconnect is to make the Scien- rologist sue for a divorce and obtain as much money in the divorce proceeding as possible, which is then turned over to Scientology.
Although the public policy of Scientology allegedly promotes family harmony, and unity, and purportedly encourages marital integrity, Scientology in operation ~ften incites divorce, not only among the general public which is merely taking courses, but also among the hard core staff members. Many Scientologists who have disconnected from their non-Scientology spouse, and later marry other full-time Scientologists, generally end up divorcing them. There is a consistent pattern of such activity, within the ranks of Scientology staff members. But the perverse nature of inciting divorce for purposes of securing money is repugnant to both the mores of our society as well as to funda- mental human values.
Most societies assign a definite vital public interest in reference to the marriage relation. The institution of matrimony and family integrity is generally considered to be the foundation of our society, and public laws are generally
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promoted to maintain its integrity. Public policy of fostering and protecting marriage and the family is universally recog- nized and numerous laws involving probate, domestic controver- sies, confidential marital communications, contractual re- straints, tortious conduct for loss of consortium, interspousal immunity, and special property rights such as tenancy by the entirety, are designed to protect marital integrity. Scientol- goy use of the Disconnect doctrine is fundamentally opposed to this basic value permeating our society.
d. The "Blown Student" doctrine
If a staff member defects or escapes from Scientology,
the Organization traditionally resorts to its "Blown Student" doctrine. VIII-4 This doctrine states that a staff member who has defected,may b_~ physically kidnapped and brought back to Scientology. There are many instances where this doctrine has been applied. In one case, a girl in her early twenties after being subjected to numerous security checks in the "Rehabili- tation Project Force", (RPF - the Scientology concentration camp) reached the point where her "brain wasn't just falling apart, but it started to get fried" She left the Fort Harrison by going out of the garage, jumping over a wall and walking "like a zombie" for approximately fifteen minutes. She then describes the following sequence:
"I'm not sure where I was, somewhere on Fort Harrison Avenue, I think. I sat down on a stairway to figure out what to do. Then I remembered I had made the phone call to get my friend's number so I walked to a 7-11 and called her. I received directions to her house. It was approxi- mately four to five miles. I walked it, and when I got there, there were four to five guys waiting for me. I'm not sure if my friend called them or if someone heard me asking for my friend's phone number. I completely broke down when I saw them, crying and carrying on. I told them I wanted to talk to my friend alone..I kept talking about how I could't handle the R.P.F anymore...meanwhile, my friend was convincing me to return to the R.P.F. She
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A