Class Action Lawsuit

by mikepence 54 Replies latest jw friends

  • moman
    moman

    I have always thought the WTB&TS should be sued for MURDER! Their insane & bogas blood policy haz killed how many?
    I talked to Randy waters about this & he reminded me of the Christian Scientists, who refrain from most medical treatment. How long have they been around, & why have they not been sued successfully?
    Its called "freedom of religion" & its in our constitution! Of course, we know it iz really brain-washing, but tough to prove, I guess?
    -fastone-

  • Amazing
    Amazing

    Hi Mike: Such a lawsuit would not be feasible in a civil action. Religions have a long held standing with the "Separation" doctrine, and allowed to have their own church government, rules, laws, and procedures. Courts are very reluctant to hear such cases. However ...

    There is one avenue aready in the works, and may lead to other cases: The recent lawsuits regarding child molestation, notably the most recent filed in New Hampshire names the Watch Tower Society as co-dendant, do show a measure of promise. The objective will be to establish their culpability of shielding child molesters in a civil suit. The other similar cases generally do not directly name the Society as a defendant, but the one in Maine did, and is being appealed the last I heard.

    What needs to be established is: That the Watch Tower Society either violated some statute, such as reporting requirements where cases of child molestation are involved, or some act of defrauding members. The types of fraud most likely would have to involve financial dealings where the person donated money to the Society because the Society or its locally appointed Elders misrepresented matters to the person donating money or assets.

    As far as Civil Rights go, that avenue is generally closed, even in cases of racial discrimination. The Mormon Church, for example, use to discriminate against Black Americans from holding the office of priest. The government could do nothing about it. But, the bad press they chruch received caused one of their Prophets to have a Revelation, and God supposedly opened up the Priesthood to Blacks. Church are not bound by these normal civil liberties, unless the activity violates criminal statutes. For example, the Chruch of Satan cannot engage in the Sacrament of Murder or Rape.

    Disclosure Laws: In other civil activities, full disclosure is often required, such as banks in their lending practices, and home owners in stating the condition of their property at the time of receiving an offer to purchase. So ... the only possibility I see is if we could find an issue of failure to properly disclose to new potential converts certain facts about the religion, such as:

    1. Medical advice they give that misleads members about the true nature of blood transfusions.
    2. Their full and unbiased history so that a new potential convert could make a truly informed decision to join or not join. Currently, in many states, felons who engage in business after being convicted of a financial crime must disclose their criminal history to potential customers.

    The first item of blood stands a chance in my opinion of some success given that medical advice is involved, and each state has rules against non-licensed persons or organizations practicing medicine.

    The second item of historical disclosure of various Watch Tower activities does not stands almost no chance of success. They can always show that they thoroughly interview potential new converts with the 120 questions from the "Organization Book" which outlines their requirements for membership in good detail. And lack of historical disclosure would be difficult to establish, and most of all, enforce.

    I think that for now the current effort underway to bring the Watch Tower religion to accountability for their neglect in cases where child molesters have free access to congregations, and can still hold official positions of trust is the best avenue, and will most likely bring success, as well as significant financial awards to victims.

    Amazing

  • RR
    RR

    Sorry, as much as I sympathize with everyone, especially those who were deprived a childhood because of the rules and regulations of the Society, I would have to say that rules are rules, no one deprived you of anything, you deprived yourselves.

    The Society is an organization of rules. Most of us who broke those rules knew the consequences of our actions, but we did them anyway. And we we suffer as disfellowshipped ones. Those of us who did not want to abide by the rules either because we wanted freedom, or did not believe the rules left and disassociated ourselves.

    Of course there are exceptions, such as the child abuse cases where the Society covered up, I think there is probable cause for action.

    ____________________________
    "Pain is inevitable. Suffering is optional."

  • tyydyy
    tyydyy

    I think there are some that are scared to start a lawsuit because of the fear of failure. Let me just say that if a burglar can sue a homeowner for an injury recieved by slipping and falling in the victims house then I think a lawsuit could be started against the WTS on a number of grounds.
    You see, they may never be guilty of violating any specific laws but let me tell you, lawsuits do have an affect on them. Although the Jimmy Swaggart book selling/tax violation lawsuit did not address them specifically we did see some changes made because of it.
    If we give up before we get started then we are guaranteed to lose. Is it worth fighting for? Do you think that anyone will get hurt or die as a result of the Society's rules any time soon? I do. As far as I am concerned, if it increases the personal freedoms of others or saves just one life, then it is worth fighting for.

    If someone is fighting the Society right now or is contemplating it, I say we should start a Legal fund so that people could help out with the expenses and increase the chances of winning.

    Just some more of my thoughts.

    TimB

  • metatron
    metatron

    I think one of the Amish shunning cases suggested that the court
    system would not intervene even when economic damage had occurred.

    If we had more information/ documents from the "inside", I think
    you could prove that the Society has been involved in violating
    financial laws in other countries - I also think that bribery
    has been swept under the rug, both in the US and abroad. Contrary
    to what some may think, holy spirit doesn't always open doors.

    I think the time is ripe for legal restrictions on door to door
    preaching. It's rather amazing that anyone with a criminal record
    can go door to door with no police interference - including
    child molesters within the organization. I really doubt they
    could muster the kind of fanatical support they used to have
    in Rutherford's day - I also doubt they'd even try civil
    disobedience as a response to door to door restrictions.

    As for the molestation issue, I hope they get nailed.
    It would be wonderful to see the liability rise up the
    organizational ladder too.

    metatron

  • joelbear
    joelbear

    The key might be in sueing the Watchtower Publishing Company instead of the religion.

  • Bridgette
    Bridgette

    This is a very interesting, proposal. Many times when little people sue huge corporations (and this is a HUGE religious corporation), even when they lose, they affect change. Look at the tobacco industry. And remember, one does not have to have a legal precedence to sue civilly. Civil suits SET precedence. Even though one would probably lose, one could shed some light where it desperately needs to be shed. I think one of the most effective angles would be from those raised "in" but never baptized, and abused, neglected, or denied higher educations (I see punitive, as well as suffering, and lost wages). After all, these ones did not have benefit of a miraculous conversion, years of study, etc. they had no choice. Also, a non practicing spouse could sue for anguish in marriage, or threat of life to minors in the home due to not taking blood. One thing's for sure, one would have to have a phenomenal attorney, and that would not be cheap.
    Also, (and this is just my personal opinion) I think it should not be carried out in a draconian manner. It should be done in the interest of true justice, and attempting to keep an organization honest and protecting others.
    Bridgette

  • tyydyy
    tyydyy

    Great posts Joel Bear & Bridgette,

    The Society has gone out of their way to try to separate the activities of the religion and the corporation but if some could set the wheels in motion with a civil suit we could actually create change.
    Just look at the power of an even moderatly organized group who believes in helping others. The recent UN scandal and subsequent change by the WTS is a good example.

    Also, the ACLU has helped the Society in the past when it came to constitutional freedoms and they could possibly be in the best position to fight for the personal freedoms of the family members who didn't have a choice.

    TimB

  • alamb
    alamb

    I have compiled a lawsuit and approached the ACLU with it last March. They have reviewed the specifics of what I am seeking and have asked me to compile it and send it to them. I have been gathering statements and affidavits from people I know and am opening this up to any who would like to be included. I have not come forward before due to not wanting to tip my hand to any spies among us but plan to send it off January 1, 2002.
    Any who are interested, please e-mail me privately and I will give you more details including what will be needed of you.

  • mikepence
    mikepence

    Here is an interesting paper on the topic in regard to Canadian law:

    . http://mypage.uniserve.ca/~renford/parlimen.htm

    XJW User Submitted News & Views at http://xjwnews.com

Share this

Google+
Pinterest
Reddit