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HOW SCIENTOLOGY COERCED A CHILD TO HAVE AN ABORTION: THE LAURA DECRESCENZO FILES

HOW SCIENTOLOGY COERCED A CHILD TO HAVE AN ABORTION: THE LAURA DECRESCENZO FILES

—————- In anticipation of her biggest day in court yet, Laura DeCrescenzo and her attorneys hit the Church of Scientology with 928 pages of new filings —————- Details from 18,000 pages of evidence show how Scientology manipulated a child to keep her working under slave-like conditions —————- A key document describing DeCrescenzo’s unwillingness to have her coerced abortion is missing from the evidence Scientology was ordered to produce By Tony Ortega Wednesday afternoon, Laura DeCrescenzo filed explosive new information in her four-year legal odyssey against the Church of Scientology, submitting 928 pages of new declarations and exhibits in anticipation of a crucial October 23 hearing in her lawsuit against the church which alleges abuse, including allegations that she was forced to have an abortion at only 17 years of age. Key to the new filings is information gleaned from thousands of pages of previously secret files that the church fought mightily to keep under wraps. But on Monday, the U.

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TEXAS JUDGE DENIES SCIENTOLOGY’S ‘ANTI-SLAPP’ MOTION IN RATHBUN SUIT

Marty and Monique Rathbun

Marty and Monique Rathbun

In a 25-page ruling, Comal County Judge Dib Waldrip today rejected Scientology’s ‘anti-SLAPP’ motion which had attempted to derail the harassment lawsuit of Bulverde, Texas resident Monique Rathbun.

Monique sued the Church of Scientology and its leader, David Miscavige, in August, alleging that she’d been the subject of several years of surveillance and harassment because her husband, Mark ‘Marty’ Rathbun, was a former high-level Scientology official who, in 2009, began speaking critically of the church. Monique herself was never a member of the church, but she says she was followed to work, endured protests at her house, and the church also had its private investigators harass her family and friends with negative information about her husband.

The Scientology defendants filed an ‘anti-SLAPP’ motion, claiming that Monique’s lawsuit was merely an attempt to stifle the church’s free-speech rights. In a controversial move, Scientology admitted to sending the private eyes and other operatives to follow and confront the Rathbuns, but argued that it was within the church’s religious rights. Granting the motion would have ended the suit.

Instead, Judge Waldrip found that Scientology’s own affidavits and testimony showed that it had initiated its campaign against Marty Rathbun as a way of protecting its turf in a trademark dispute, and as a business dispute, the anti-SLAPP motion doesn’t apply. We have the detailed motion below.

Reached tonight by phone, Monique’s attorney Ray Jeffrey said that his colleagues Marc Wiegand and Leslie Hyman had done the work to knock down the church’s motion, which had thrown the case into doubt for several months.

“You have to understand how rare this is among Texas state judges. I would say one in a hundred writes an order like this. It was amazing in the amount of effort that went into slogging through the evidence. It’s really impressive. We couldn’t be any happier,” he said.

In the finding, Judge Waldrip pointed almost immediately to an e-mail sent by Ed Bryan, one of the “Squirrel Busters” — the church operatives who held demonstrations in front of the Rathbun home continuously from April to September 2011. In the e-mail, Bryan said the operation was “in co-ordination with OSA Int” — a reference to Scientology’s Office of Special Affairs. Bryan said that “Taking him down will be no easy tasK” (referring to Marty Rathbun).

Waldrip also found it significant that Bert Leahy, a videographer hired for a few days by the Squirrel Busters, had testified that Scientology’s private investigator, Dave Lubow, had said that the mission was “to make the Rathbuns’ life a living hell.”

“No evidence demonstrates that any of the…activities occurred at an actual church, at a mission, at a place of worship or during any other type of religious service or ceremony,” Waldrip pointed out.

Meanwhile, the Rathbuns were attacked online, and they received anonymous and threatening phone calls, and Monique was followed to work and back. And she was even followed when shopping or walking the dog.

“Between September 2010 and December 2012, Lubow, a/k/a David Statter, interviewed and confronted Plaintiff’s family, friends, and co-workers disparaging Plaintiff, her husband, and his family,” the judge writes.

After leaving their Ingleside on the Bay home — and losing out on $36,000 in equity they had in it — they still found themselves under surveillance in their new home in Bulverde, Texas.

Monique “has demonstrated that she has been personally harmed and injured as a result of these activities in both Ingleside on the Bay and Bulverde.”

But Scientology has argued that its activities were in response to Marty Rathbun offering unlicensed counseling.

“As Defendant CSI [Church of Scientology International] asserts and argues, Mark Rathbun’s activity of offering Scientology services is a business. If so, the Church’s own activity of offering Scientology services is also a business.”

Judge Waldrip didn’t buy the church’s argument that it was distributing leaflets and making a documentary in order to educate the public about Rathbun.

And the problem with the church’s argument that it was engaging in the surveillance activity about Marty’s counseling services was that there’s no evidence that the church had ever simply mailed Marty a letter and told him to stop.

The evidence also preponderates in favor of the conclusion that the “Squirrel Buster” activity was primarily designed to convey the message to other Scientologist[s] and the Rathbuns should stop being “squirrels” — one who alters standard Scientology practice and delivers altered Scientology counseling…The record is replete with evidence showing it was CSI who designed, initiated and funded both the investigations and the Squirrel Busters to communicate chiefly to Scientology buyers and customers…”Pay us for delivering the goods or service — not Rathbun.”

Because of that commercial interest, Waldrip says, the anti-SLAPP is not available to the defendants. And also, he finds that the actions caused Monique “bodily injury,” which under Texas law includes “physical pain, illness, or any impairment of physical condition.”

And ouch — for that last point, Waldrip quoted “then-Chief Justice Wallace Jefferson who wrote for the Court and held, without regards to the merits, that ‘biological injuries or effects [qualified] as bodily injury.’” (Since leaving the state Supreme Court, Wallace Jefferson has become a part of Scientology’s legal team.)

Judge Waldrip then turns to the church’s argument that the lawsuit violates its free speech rights, and we’ll have our experts dive into that in more detail. But a quick reading suggests that Monique has properly filed a lawsuit based on being injured, and that your freedom of speech rights end when you injure another person.

Finally, at the end, Judge Waldrip noted that Monique is entitled to her costs and attorneys’ fees.

Here’s the order in its entirety. It’s another huge loss for Scientology in this case, which is already reeling because Judge Waldrip had found that Monique has the right to depose Miscavige (which has been appealed).

 

Monique Rathbun v. Scientology: Anti-SLAPP Motion Denied

 
ALSO: It looks like Joe Childs of the Tampa Bay Times is going to have a major story about Scientology disconnection in the Sunday paper, and it may hit the web at any moment. (Some sidebars to the main piece have already been spotted online.)

 
UPDATE: And here it is. Wow, it’s great to have another piece from Joe Childs!

 
——————–

Posted by Tony Ortega on March 14, 2014 at 19:30

E-mail your tips and story ideas to tonyo94@gmail.com or follow us on Twitter. We post behind-the-scenes updates at our Facebook author page. Here at the Bunker we try to have a post up every morning at 7 AM Eastern (Noon GMT), and on some days we post an afternoon story at around 2 PM. After every new story we send out an alert to our e-mail list and our FB page.

Learn about Scientology with our numerous series with experts…

BLOGGING DIANETICS (We read Scientology’s founding text) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25

UP THE BRIDGE (Claire Headley and Bruce Hines train us as Scientologists) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43

GETTING OUR ETHICS IN (Jefferson Hawkins explains Scientology’s system of justice) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14

SCIENTOLOGY MYTHBUSTING (Historian Jon Atack discusses key Scientology concepts) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43

PZ Myers reads L. Ron Hubbard’s “A History of Man” | Scientology’s Master Spies | Scientology’s Private Dancer

 

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  • Panopea Abrupta

    Scientology: What is the sound of one cult imploding ?

  • aquaclara

    So much to read-picking one first.
    Matt Argall, you are a brave one, and if you were right here now, I would be giving you a hug of a lifetime. Nick Lister, you, too. What COURAGE and HEART you both have. I wish you each all the best that life has to offer, for your messages and examples are groundbreaking.

    Sara and Sheldon, oh, my. Could there be better parents and examples? No, because you’ve both nailed this perfectly. Peace+love+courage to you both, for willingly turning your life inside out, only to reveal what REALLY matters. Stay strong, and THANK YOU.

    And to one of my favorite journalists, thank you for taking this on, Joe Childs. This is a compelling story that needed to be told.

    Thank you, Tony. Without your remarkable spotlight on this story, I am afraid people would forget about how damaging this cult is, as you show the world every day. Now, back to more reading. Monique’s story awaits!

    TGIF! And oh, beware those ides of March, Davey.

    • Artoo45

      The Ides, and the ticking . . . and tocking.

    • Missionary Kid

      It’s Pi day, too.

      • Eclipse-girl

        Next year is better

        3.14.15 :- )

        • Missionary Kid

          At 9:16:59.5 in the morning. 3.1415926535, etc.

          • Eclipse-girl

            pie for breakfast, what could be better?

            • Missionary Kid

              Mmmmmmm. Pie.

  • Otto P.

    They were awarded attorney and court fees… but what about the millions that Monique and Marty want? Judge Waldrip didn’t award millions or did he?

    • DamOTclese2

      That comes later, after David gets dragged in to deppo and screams about being buggered in public and the Judge decides the actual trial. This was just a motion that the Judge slapped the criminals down for.

      • Otto P.

        Ah… What is next? Do you think he will appeal?

        • DamOTclese2

          Very much so he will appeal, in fact he already has his lawyers standing ready with the appeal documentation. He has documents lined up ready to go, electronic versions which his lawyers will tailor before filing. It’s endless with Scientology criminals.

          At the point where Miscavige is seconds away from being dragged in to deposition the crooks will cave in and agree to everything Monique demands.

          • Otto P.

            What was appealed to the Supreme court? Him being deposed? When will they decide?

            • Eclipse-girl

              When Judge Waldrip order a deposition of David Miscavige, scientology filed a Writ of Mandamus. (I KNOW I am missing some type of pleading by scientology at Judge Wladrip’s level) I am not sure it as the TX supreme court level, yet

            • Otto P.

              When will that be decided, the Madamus?

            • Panopea Abrupta

              Read TXLawyer up a few posts – he’s the guy who knows

            • Eclipse-girl

              I am not keeping track of all the various motions in this case. I apologize, The ( ? ) appellate court asked for Ray’s argument to be filed on March 7. I am sure Ray filed for an extension. He only had 7 days to gather the documents and write his argument. Others lawyers had stated that was not a lot of time and extension would likely be granted,

            • DamOTclese2

              He has been ordered to appear for deppo three times now, if he continues to refuse the Judge can hold him in contempt and could issue other sanctions. His appearance in deposition *will* happen, it’s merely a question of when — unless he feels he’s “punished Marty enough” and caves in to Monique’s demands to stop his racketeering against her.

          • Zana

            I think so, too. I hope Monique and Marty refuse and insist on going to trial. :-)))) That would be a sight to behold… a jury deciding what happens here.

    • Eclipse-girl

      It is early. the case hasn’t been argued.

      • Otto P.

        I thought there was a lot arguing already….

        • Eclipse-girl

          Not about the the case, only about if the case can exist or who can be deposed.

          • Otto P.

            The judge said that the case can exist? But when they appeal the case is again on ice?

            • Eclipse-girl

              So far , the judge has said the case can exist. EVEN if scientology gets the writ of mandamus decided in their favor, the case still exists. Davey wont be deposed but there is a shit load of evidence and I believe Mosey will win in the end. It will probably take years.

            • Robert Eckert

              When the appeal, the case does not get stayed (unless the appeals court specially decides to put everything on ice, but generally they wouldn’t). So Waldrip’s courtroom will still be humming while this sideshow at the appeals court happens. The other sideshow at the appeals level is the Writ of Mandamus, which did put a stay on the Miscavige deposition but doesn’t stay anything else.

  • Eclipse-girl
    • Eclipse-girl

      for protection

    • aegerprimo

      Arrgh! RED X ahoy!

  • Panopea Abrupta

    Red-X Red-X Red-X Celebration

    Add a couple of nails in a rather small coffin, if you will

    (and you are not too full of the ethyl alcohol of human kindness
    to actually hit the RED-X)

    https://whyweprotest.net/community/threads/taking-down-co-on-craigslist-co-ads-on-craigslist.113779/page-62#post-2433905

    Grafix sponsored by Guiness tonite

    • Eclipse-girl

      GMTA

      • Panopea Abrupta

        Love it heh heh

  • My name is Larry Lester

    Thanks my good man for your constant work in keeping us updated. As usual well written!

  • TX Lawyer

    I haven’t read the order yet, but will do so as soon as I post this. Procedurally speaking, CSI will now have 20 days to file a notice of appeal to the Austin Court of Appeals. Sometime thereafter, the clerk and court reporter from the trial court will file the clerk’s record (i.e., pertinent filings in the case) and reporter’s record (i.e., transcripts of any pertinent hearings on the motion and any exhibits that were admitted during those hearings). That’s supposed to happen within 10 days after the notice of appeal, but it frequently slips some. Anyway, after those records are on file with the court of appeals, CSI will have 20 days to file its appellant’s brief. Mrs. Rathbun’s brief will be due 20 days after that, and CSI can file a shorter reply brief 20 days after that. The notice of appeal deadline cannot be extended, but all the briefing deadlines can be, and routinely are.

    After the briefs are all filed, the court of appeals will set the case for oral argument, and sometime after that the court will issue its opinion. The losing party can then file a motion for rehearing, which will pretty much inevitably be overruled. After the last timely motion for rehearing is overruled, the losing party will have 45 days to file a petition for review to the Texas Supreme Court. Notably, however, our Supreme Court only has limited jurisdiction to consider an appeal of an interlocutory order. Basically, it is only supposed to be able to take such appeals when there is a conflict among the justices of the court of appeals (i.e., one of the justices dissented from the majority opinion) or the opinion conflicts with a decision of another court of appeals on some point of law.

    Interlocutory appeals are “accellerated,” which means the deadlines are somewhat tighter than for regular appeals and they are supposed to take precedence on the court of appeals’ docket. But “accellerated” does not mean “fast.” I am aware of one other anti-SLAPP appeal in the Austin Court of Appeals which is also reasonably high-profile for this type of thing (I’m also passing acquaintances with a couple of the attorneys on the case, although I have no inside knowledge of it).

    http://www.search.txcourts.gov/Case.aspx?cn=03-12-00576-CV

    As you’ll see from that docket sheet, the notice of appeal was filed in August 2012. The briefing was complete in March 2013 (although strangely, they do not appear to have accelerated the appeal in that case). The case was argued in May 2013. And they’re still waiting for an opinion. I would expect a similar timeline with CSI’s appeal, maybe a bit faster because this one is a true interlocutory order instead of a final judgment. Rough guess? Expect an opinion early next year, with the appellate proceeding finally wrapping up with a denial of petition for review from the TX Supreme Court late next year.

    FORTUNATELY, HOWEVER: An appeal from the denial of an anti-SLAPP motion DOES NOT STAY THE TRIAL COURT PROCEEDINGS. (I have seen some online commentators who claim otherwise, but I see no basis for that conclusion in the text of the Texas Citizens Participation Act, which is our name for the anti-SLAPP statute.) That means discovery should proceed apace (unless the appellate court grants a stay of discovery, which is possible but far from a slam dunk).

    • Eclipse-girl

      TY for helping us novices.

    • TX Lawyer

      NOTE TO RAY JEFFREY: I am aware of at least one other court of appeals that recently refused (very wrongly, in my estimation) to credit a trial court’s findings of fact on an interlocutory order because the FOF’s were not filed separately from the appealable/mandamus-able order. Your opponents have cited that case, albeit not in the anti-SLAPP context. Consider asking for separate findings and conclusions.

      • Cece

        The Judge says at page 24 there will be a separate order.

        • TX Lawyer

          That separate order he’s referring to is for the parties’ evidentiary objections to the various affidavits, exhibits, deposition testimony, etc. The document before us includes both the order denying the anti-SLAPP motions (see the very last sentence of the text) and sets out the court’s findings and conclusions. There’s a rule that says they have to be in separate documents, although that rule, on its face, is only supposed to apply to FOF/COL’s filed after the final trial of the case. But that didn’t stop another court of appeals from screwing it up recently by applying it to an interlocutory order it was reviewing that also contained findings & conclusions in the same document. Just a potential problem that could cause headaches down the road.

    • Missionary Kid

      Thank you, sir. My non-legal mind sees this opinion as structuring the case such that as one of commerce, and using $cientology’s own evidence and arguments against them such that such appeals will get short shrift on appeal.

      I believe that this decision will set the tone for the whole trial, if one occurs. To me, it sets the tone that any arguments that this is a First Amendment issue in any way won’t go far. I hope I’m right.

    • TX Lawyer

      Initial Impression: Despite Ray Jeffrey’s praise of Judge Waldrip for writing such a detailed order to explain his ruling (which is really uncommon in Texas state court practice), this looks like a cut and paste job. The trial court’s docket sheet indicates that both sides submitted proposed findings of fact and conclusions of law a few weeks ago, and I have no doubt that those FOF/COL’s form the basis of the judge’s order. Ain’t nothing wrong with that, by the way — that’s why our rules allow lawyers to file proposed findings & conclusions. The judge can take, modify, ignore, or expand upon them as he sees fit.

      • WhereIsSHE

        Pardon me if I’m not comprehending your point about the FOF re: Monique receiving counseling and auditing services from Marty, but I read that as the judge setting up the argument that Marty (and Monique) were offering competing business practices vis-a-vis the CoS.
        There was no suggestion that Marty was “investigating his wife’s financial statements”, as you put it.
        AUDITING– in Scientologese– is not related to review of financial statements. It is their term for religious counseling.

        • TX Lawyer

          My point was that there was no explanation about what “auditing” meant. The ordinary meaning of the word does not correlate with the CSI meaning, even though the CSI meaning is the one that shows up in the Findings & Conclusions.

          • WhereIsSHE

            I know too much;) (about Scientology terminology).

            I suppose he could have explained the term more fully, but he did make other references to auditing as a religious service earlier. For example, in paragraph 3, he references Marty as a “Scientology minister/auditor”, and he cites an affidavit. Hard to tell what is explained about what auditing means in this context without the benefit of having all of the affidavits to review at one’s fingertips. Perhaps it is defined many times or sufficiently enough in the supporting documentary evidence that a footnote explanation was felt to be unnecessary.

            I get what you are saying, but I’m not inclined to be as harsh a critic of this opinion.

            • TX Lawyer

              That it is “hard to tell” what the court means by “auditor” is pretty much my point. I do not mean to suggest that the evidentiary record outside the FOF’s cannot supply that answer, only that the trial court would have made it much less disputable by explaining what it meant.

            • WhereIsSHE

              Right. I get your point.
              That’s why I said “I know too much;) (about Scientology terminology).”

              Perhaps the judge is now in the Bunker boat with the rest of us, i.e. he knows too much of the lingo after all of these lengthy court hearings and filings to recall that, at some point prior to August of 2013, he was also unaware of the Scientology meaning of the term.

              What do you think about the TIMELINESS argument (re: how long it took for the court to rule on the anti-SLAPP motion) that the defendants’ lawyers have asserted in court, which the judge dismissed via footnote?
              I don’t practice in Texas, but I’m sure I saw a split in authority that they could take advantage of on appeal, even if just to prolong the litigation (which is one of their main goals).

            • TX Lawyer

              What footnote?

            • WhereIsSHE

              It isn’t explicit.
              In footnote 5, he simply states the fact that the hearings he held on the motion ended on February 14th (and hence, we have his opinion within the 30 day period, today).
              But if you’ve been following closely, as it clearly appears you have, you are aware that defense counsel made arguments about the motion not being decided on a timely basis (I believe due to the staggered court hearings that Waldrip held.)
              Is there any merit to that argument? I only know that I briefly glanced at some Texas appellate decisions a long while back, probably when they first asserted the timeliness issue, and saw some split in authority.
              Do you think the judge was timely, or is there actual basis for appeal on that issue, is what I was wondering.
              It would be form over substance, certainly, but compliance with statutory time limitations of your anti-SLAPP law (Citizens Participation Act) has been litigated before.

            • TX Lawyer

              “defense counsel made arguments about the motion not being decided on a timely basis (I believe due to the staggered court hearings that Waldrip held.)”

              If that happened, I have not seen it. Defendants have little advantage from the court’s delay in ruling, as delay ultimately leads to denial by operation of law, without any advantage that findings & conclusions would otherwise lend to the defendant on appeal.

      • TX Lawyer

        On second read-through this morning, the findings of fact section still reads like a cut and paste job, but the conclusions of law section reads quite differently. I will give the judge plenty of credit on that portion of the order. I would bet he adapted it from Team Monique’s proposed FOF/COL’s, but it’s apparent to me that a good deal of the court’s own time and thought went into those conclusions.

  • Panopea Abrupta

    Fair Game and Disconnection

    Two of the most evil aspects of the “Church” of $cientology
    hauled over hot coals today.

    There will be justice.

    And it’s not even the Ides of March just yet.

  • TheHoleDoesNotExist

    Off to bed but with just a thought. Angelina Jolie won Humanitarian Awards this year. Maybe we could petition for her to Campaign for rescuing the Lost Children of Scientology and speaking out about it’s evil human rights abusing family disconnection. Something to dream about anyway.

    http://i.imgur.com/cv6X3Ex.jpg?1

    • Eclipse-girl

      Dave probably likes the promo photos of Angelina as Maleficent

      • pronoia

        He doesn’t have the rank to look at them.

  • Sam Domingo

    Feeling very lazy sitting here in my PJs watching Mosey single-handedly take down the cult. I feel like I should be helping but…. well, I guess it wasn’t a smart idea to get on the wrong side of Marty’s wife. Oops. (((putting feet up with a nice cup of tea to wait for the next round)))

  • LeahRocks

    This is perhaps a stupid question, but is the judge allowed to research the defendants and plaintiffs, on his own?
    Is he restricted from looking at anything but the facts presented to him and case law?

    • Eclipse-girl

      When Judge Waldrip writes his decision he is restricted to the evidence that has presented. He and his clerks are allowed to do some research.

      Ray Jeffrey has been very smart in my no lawyer opinion in getting a lot of the legal history of sceintology introduced / submitted so that Judge Waldrip could cit it if he choose to.

    • WhereIsSHE

      In terms of deciding the particular dispute between the parties, he is restricted to the evidence put before him by the parties. A key part of a litigator’s job is to get the important evidence onto the record.
      HOWEVER, he can certainly refer to OTHER LEGAL AUTHORITY (case law) in rendering his opinion, and if a party to the case has been cited in other legal authority, and said case is relevant to his determination, he can certainly reference that in his opinion, as did Judge Waldrip in this instance (see p. 14 of the Opinion where he cites a 1969 case).

  • http://twitter.com/Scientology_411 Scientology_411

    OK I’ve been cracking wise all night about little Davey’s losses today but I finally read the Tampa Bay Time article from start to finish and it was sobering to say the least. What kind of “church” tells you to ignore your child’s threat to commit suicide?!? This is just pure evil at work. This sick cult can’t die soon enough.

  • WhereIsSHE

    Bravo to Judge Waldrip. Now THAT is a proper and expertly crafted Opinion and Order.
    Congratulations to Monique and her entire legal team.

    • Eclipse-girl

      Missed you.

      • WhereIsSHE

        Been busy, girl=) I’ve dropped in from time to time to catch up. Always enjoy your posts.

        • Eclipse-girl

          i feel the same about your posts. I know life comes first, and the unexpected always happens. (((HUGS)))

    • aquaclara

      Glad to see you here, too, WIS. And love the legal commentary. Davey may have 22 attorneys on his case, but we rack up quite the legal team here, as well. He is going to need some help after hearing this news.

      I love the timing of all this, as the tuxedoed and gowned crowd was wrapping up at Ruth Eckerd in Clearwater, and those in LA gathered for a weekend of activities….

  • Missionary Kid

    Bernie Headley has the honor of coming up with the 666th nickname for DM, Prince Humperdink. The long, long list of DAVID MI$CAVIGE NICKNAMES is at http://tonyortega.org/2013/10/12/tomkat-project-in-los-angeles-heres-your-chance-to-help-the-show-get-to-tinseltown/#comment-1084225544

    • aegerprimo

      Does he win a prize? That is a damn good name.

      • Bernie Headley

        My prize will be when I get my daughter back!

        • aegerprimo

          Well then, I guess we will keep doing what we are doing… speaking out against the crimes and abuses of the dangerous – Cult of Scientology.

        • Missionary Kid

          May you get your daughter back soon.

          • aegerprimo

            Yes to that. SOON.

        • Bernie Headley

          Make that “When all disconnected familes are reunited”. Lori, Cindy, Ginger and all mothers, fathers, brothers and sisters that have suffered from the actions of the insidious cult will have their dreams realized soon!

          • Missionary Kid

            AMEN!

          • Eclipse-girl

            In total Agreement.

            When all disconnected families are reunited.

        • pronoia

          Your daughter deserves to have you back. I will be soooo soooo happy when that happens for you and for her. BTW — Did you guys ever figure out where she is?

          • Bernie Headley

            She is at the Ideal Morgue outside of Toronto as far as we can tell. I have a phone number and leave voice-mails, but no response so far.

        • Eclipse-girl

          Your daughter is missing so much. She is missing her father, her brother and sister in law and her nephews.
          I know YOU (and others) hurt.
          She has no idea what she is missing

          (((HUGS)))

        • Frodis73

          I hope this happens for you-soon.

  • Sejanus

    Excellent article from Joe Childs.
    Another infuriating read about the monsters of $cientology.
    It gets tougher and tougher to have any kind of human compassion for individuals that are so eager to treat other people as anything but human.
    There will be a reckoning for them.
    May the misery they have heaped upon others revisit them a hundred fold in this and all their future lives.
    Pricks.

    • Missionary Kid

      May today and every bad day be like the movie, Groundhog Day for Dave.

      • Sejanus

        Wouldn’t that be an awesome thing to be able to force on the little bugger and his enablers.

        • Missionary Kid

          Yup.

    • EnthralledObserver

      This point just hit me: “It gets tougher and tougher to have any kind of human compassion for individuals that are so eager to treat other people as anything but human.”
      The fact is that they don’t, and spend all their efforts teaching that individuals aren’t ‘humans’… so why the fuck do they even have a finger in the ‘human rights’ pie? WTF? (I know this is kind of obvious, but it’s just the angle that you look at something… this became stark for me just now)

  • http://BareFacedMessiah.wordpress.com/ BareFacedMessiah

    “the Church’s own activity of offering Scientology services is also a business.”
    This is a killer sentence for the cult. It will have big impact. The IRS could shut down the church.

    • Missionary Kid

      I don’t know if that’s really true. Churches often offer services for pay, for instance, schools and hospitals and counseling.

      The one thing that I’d throw in is that Co$, supposedly a non-profit organization is operated for the profit of David Mismanagement. That’s illegal.

      • pronoia

        Health and education services yes. But not religious services. Remember, CoS tries to paint these fees as though they are a donation. This is where Rathbun vs Miscavige and Garcia vs the cult converge.

        • aegerprimo

          Yeah, I think I am beginning to understand that.
          Onions and layers.

    • aegerprimo

      That would be great if that easy due to one court ruling in a small court in one state. I think this is a start to a more complicated case way in the future, of a reversal the IRS tax exempt status.

    • pronoia

      And appeal-proof. If DM / RTC / CSI appeal this decision, how on earth will they disprove this?

  • aegerprimo

    A screen-shot posted by Emma at ESMB of the Anti-slap Motion Denied doc. Point is that the Co$ is a business.
    (F5)

  • LongNeckGoose

    What your donations buy…

  • Lurkness

    As to the great Joe Childs’ article about the heart rendering break up of another family. Remember for Hubbard and Scientology, families are BAAAAAAAAAD, per sacred scripture/source:

    “You get this terrific family thirst. And you get your GE (Genetic Entity) surviving best and being loused up the most because of interfamily relationships.

    And your thetan, by the way, can much more easily go into a group. Families are not good groups; they’re bad groups.”

    LRH, From the taped lecture
    “Flows: Patterns of Interaction”
    10 December 1952
    Comments Tampa Bay Times

    “Families are not good groups; they’re bad groups.” LRH

    • Lurkness

      Here’s moar from Hubtard on this point:

      “THE GE IS A FAMILY MAN

      The GE is a family man; the GE is lost without a family. It’s very strange, but Homo sap is a family unit. The GE is built on that basis. It’s fascinating, fascinating. It’s not important to know it but a lot of your urges toward families and so forth are not thetan urges at all, they’re the GE. The GE can’t survive at all without a family unit. He’s just as dead as a mackerel if he isn’t a family unit, whereas your thetan is just dead as a mackerel if he gets too mixed up in family units.

      You can’t talk to GEs; they’re kind of psycho. And by the way, you can fall into this dreadful trap with a GE. You see, he uses the MEST universe with which to build. He’s gotten very, very bad off and he has to use MEST materials all the time.

      So, you get this situation here with the GE, and your GE is busy: build, build, build, build, build. And, of course he’s got to have a family to build with.

      You get this terrific family thirst. And you get your GE surviving best and being loused up the most because of interfamily relationships.

      And your thetan, by the way, can much more easily go into a group. Families are not good groups; they’re bad groups.”

      LRH, From the taped lecture
      “Flows: Patterns of Interaction”
      10 December 1952

      • GalacticGreg

        The part of the Long Con of El Ron El Rey includes eliminating nearly everything from an individual’s life and replacing that with LRHworld. He boxed out the family from the member totally–

        “… a lot of your urges toward families and so forth are not thetan urges at
        all, they’re the GE. The GE can’t survive at all without a family unit.
        He’s just as dead as a mackerel if he isn’t a family unit, whereas your
        thetan is just dead as a mackerel if he gets too mixed up in family
        units.”

    • GalacticGreg

      F*ck – 1952. So long ago. Right from the start.

    • WildaBeast

      I’ve never read that particular gem before. It is literally sickening.

  • Lurkness

    Further proof that there is absolutely NO compassion in Scientology and they are indocrinated in pure evil.

    After their son is prevented from committing suicide, the IMMEDIATE church response and concern is whether their son is moving out of the family home. SICK, I tell you. Always worse than you think.

    • Still_On_Your_Side

      And they told the Goldfarbs their son could go into a mental institution (so much for being anti-psychiatry).

      • Frodis73

        Evil hypocrites!

      • indie8million

        That comment, about sending him to a mental institution, was meant to be revenge for his disloyalty. That’s what governments do – lock people up in a spin bin if they are dissenting. I think DM and the government are comparing notes and learning from one another.

    • Sarah James

      These are the same people that would rather see you dead than… never can remember how tub of lard said that. My mind always jumps ahead to the many babies born (not perfect mind you) that were given up because “Doctor Hubbard” said so.

      • GalacticGreg

        The proper instruction attitude is, “We’d rather have you dead than incapable.”

        • Sarah James

          TY.

  • Michael Leonard Tilse

    Hernandez v. Commissioner is still the Supreme Court affirmation of the ruling that payments for scientology auditing and training are not tax deductable. It was not reversed by the IRS then making the secret agreement later.

    http://scholar.google.com/scholar_case?case=18134357065190318955&q=hernandez+v.+commissioner+490+u.s.+680&hl=en&as_sdt=6,38&as_vis=1

    After the parishioner Hernandez lost this case over deductibility of payments for auditing and training (along with many other Scientologists who had had their deductions denied, including myself and my then wife, who had their cases bound to the decision in Hernandez) the IRS dropped their enforcement of this ruling when Miscavige and the IRS formed a secret agreement to grant non-profit recognition for the ‘church.’

    I believe when the political and public will exists to force the IRS to review the granting of the non-profit status, the status will be stricken. Cases like Monique’s will help make this happen.

    Perhaps the focus on so much “straight donations” for building funds and IAS contributions and a minimizing of payments for auditing and training is a covert effort by Miscavige to reduce the eventual judgement that is sure to happen and make a big IRS bill due not only from the corporate church but from the parishioners themselves.

    The re-re-re-issue of tapes, books and meters have never been a tax issue. They are merchandise and not tax deductible. That for sure is a way to bring in money that has no tax liability looming.

    I have a nagging feeling that Miscavige is preparing to dump the corporate structure and the entire scientology edifice and re-emerge it under the “Church of Spiritual Technology” brand. According to the IAS briefing years ago from Bridget Kelleher and Howard Becker, that was the reason for forming CST and the reason the money from “Tapes to Books” and LRH fiction through “Author Services” were so important. CST would be the vehicle for opening up scientology again within 24 hours of it being seized or shut down by the Government over taxes or any other reason.

    Great news today about Waldrip’s ruling and order! I wonder which way the church’s hired frogs will jump next?

    • http://xenutv.com/blog Super Power Wog

      “is a covert effort by Miscavige to reduce the eventual judgement that is
      sure to happen and make a big IRS bill due not only from the corporate
      church but from the parishioners themselves.”

      Followed by a class-action lawsuit by its own parishioners for being defrauded not only out of hundreds and thousands of dollars for “religious” services but having to pay back tens and thousands of dollars back to the IRS?

    • Missionary Kid

      May you become enriched financially when the cult collapses, and I hope it’s soon. I’d like to see a RICO case brought against Co$ and won.

      • Michael Leonard Tilse

        Thanks MK. I wish there had been lawyers willing to go to bat for me years ago. I want my money back. I want interest on that money and I want damages for the injury they inflicted on me. I could have had a retirement or a house paid for or an age appropriate College Education. I could have had better physical or mental health, but for the depredation of the cult.

        “Make no mistake, it’s not revenge he wants, but a reckoning.”

        • Missionary Kid

          Amen. A reckoning.

        • Lurkness

          Curious if you still have funds on deposit for future services? As opposed to other “donations” for services received, IAS etc.

          • Michael Leonard Tilse

            I would have to look at the paperwork, but the cult admitted that I have around $14K on account that was never used. For a time, Ken Long (iirc) said that he had cut some checks for this amount and they were waiting for me.

            As a requirement for them to send them, he forwarded an agreement for me to sign. It was basically a contract that obligated me to things in return for my own money.

            At the time, I thought Ford Greene was going to be my lawyer, I had visited him in San Anselmo and I had given him $5 to confirm him as my lawyer. The agreement was that he would get 50% of whatever he recovered. I was broke essentially and that was how I could pay him, a contingency.

            I contacted Ford and forwarded the agreement and told Ken Long that Ford was my lawyer and that he would represent me.

            Ford was supposed to handle the negotiations. He stopped communicating with me and he did not to my knowledge contact Ken Long or negotiate anything for me. I could not get Ford to answer his phone or respond to email or snail mail. I kept hoping that he would step up and represent me as agreed since no other lawyers had shown any willingness. This went on, Ford not communicating as I got more and more frantic with time running out on statute of limitations. (I don’t know if they have or not, IANAL.)

            At one point in our conversation, prior to him agreeing and taking my $5, Ford said: “Scientology has compromised me.” I thought he meant that his dealings with scientology and the Wollersheim cases had had an effect on him, so I didn’t understand that statement has a possible different interpretation: That scientology had something on him that compromised him.

            It is possible that Ford thought that I was “sent in” on him by scientology to test his willingness to represent ex-scientologists or to “set him up.” I don’t know. I do know that what I experienced as his betrayal was yet another huge mental blow to me.

            To this day, I do not know if Ford accepted my repayment and hid that from me or if he just abandoned me. In any case that is where it sits. I have paperwork showing that scientology acknowledged in writing they owe me money, but have not sent me the money.

            I refuse to sign a new contract with them putting restrictions on me in exchange for my own money they admit they owe me.

            I will sign a receipt. I could really use the $14K, not to mention the other approximately $186K they defrauded me of over the years.

            I am hoping still that there will be some way they can be forced to turn over my money and interest on that money, now that there are attorneys that are not afraid of them.

      • Betsy

        CO$ — America’s own home-bred Mafia. Come on, RICO!

  • Mary_McConnell

    This decision by Judge Waldrip will go down as one of the most pivotal decisions in the history of Scientology’s demise. Loaded with many examples of Defendant’s foot bullets, this will inform many and should also be helpful to others who are being harassed by the church.

    Joe Childs’ Tampa Bay important and demonstrative article on Scientology Disconnection is up there as one of the best ever.

    This is a day of wins… and epic cult fails.

    • PoisonIvyHerself

      I love the smell of a smoking foot bullet in the morning!

  • Still_On_Your_Side

    Having now read Waldrip’s ruling I am impressed at how tightly he has boxed the church in. He makes clear that the Anti-SLAPP Act doesn’t apply to this case because the church admitted that Marty Rathbun ran a business selling services that competed with the church’s sale of services and the Act expressly exempts businesses that sell services. He turned the knife with this argument by quoting language from the Hernandez v. Commissioner of the IRS Supreme Court opinion about Scientology operating like a business by selling services. It is an opinion the church will be unhappy he uses since it holds the church should not be given tax exemption. That case, however, has never been overturned because the IRS grant of tax exemption to the church was a secret agreement. Therefore, Waldrip had a right to rely on it for its discussion of the church and its business.

    Waldrip also made clear that the Act did not apply because Monique has argued she has suffered bodily injury, and the Act cannot be used in cases where such injury is alleged. Retired Chief Judge Wallace will have a hard time arguing against this part of the ruling since Waldrip relied on a Wallace opinion. Lastly, and probably the part that will disturb the church the most, Waldrip made clear that the church could not make an end run around discovery (including depositions) and a jury trial and have the lawsuit end with its Anti-SLAPP motion because the facts were still undeveloped. This opinion (including the part about the need for depositions) is going to make David Miscavige very unhappy.

    • Cece

      SOYS I am not at all sure DM can understand much of these 25 pages. In fact he will ask his lawyer to explain it to him then tell his lawyer she’s got it wrong.

      • Ardent

        Ha ha! Well done, Cece. Made me grin.

  • Rita Gregory

    Hooray for team Jeffrey!

  • pronoia

    I’d particularly love to know the reaction of scientology attorney Eric Lieberman.

  • Frodis73

    I’m late to the party, but it is time to celebrate in the bunker!! I brought some champagne for everyone. What a great day for Marty & Mosey…such a bad day for wee Davy. I actually read the whole thing & it’s obvious the judge “gets it”. Can you imagine the phone call where DM got the news? Lol. I’m sure he’s sitting somewhere drinking his sorrows away. >
    The story about disconnection however has me seeing red. I hate this evil church. It’s so hard to wrap my head around disowning family members, especially one who is suicidal. The *nerve* of that person to ask after the attempt to ask if he’s moving out. Argh. And the daughter saying to her mom “you have been reading the internet”. I guess I’m just a question authority kind of person & can’t imagine this. Anytime I hear about a group or individual trying to “ban” a book or suppress information I’m the kind that will actively seek it out. Lol.
    All in all a good day watching this train wreck.

    • Eclipse-girl

      enjoy

    • Missionary Kid

      It’s the Streisand Effect. Objecting to something brings more attention to it.

  • EnthralledObserver

    I go help a friend move house… and Tony puts GOLD up for us to read… now I have catch-up. Typical. Awesome… but typical.

    • Eclipse-girl

      But then you get pizza and beer.
      It is a wonderful thing that you are doing.

      The news will not change while you are helping a friend,

    • Eclipse-girl

      But then you get pizza and beer.
      It is a wonderful thing that you are doing.

      The news will not change while you are helping a friend,

      • EnthralledObserver

        Yes… there is the pizza and beer/coke. ;) Not that I really earned it… I don’t feel like I did that much, but they were grateful nonetheless. I will probably help again tomorrow with cleaning. It was just me… couldn’t volunteer hubby, who would have been much more useful, ’cause he’s away at work… but I did what I could. Might rope in the slave labour… er… *cough* I mean kids tomorrow if I can.
        Anyway… yes, at least the news is always here ‘later’. Thank Xenu! :)

        • Eclipse-girl

          These days, I am better at cleaning than at going up and down stairs .

          Good luck (((HUGS)))

          you still have young ones that can help now, but will need help in the future.

  • Eclipse-girl
    • Eclipse-girl

      for protection

  • SciWatcher

    “If so, the Church’s own activity of offering Scientology services is also a business.”

    Exactly.

  • Mat Pesch

    Well done to Marty, Monique and friends. Truth pushes forward…..

    • Frodis73

      Yes it does. It might take time but the truth will come out…all of it.

  • Anonymouse

    Best news I have heard in a while, Go Monique and Marty! The Tamba Bay article was excellent. Man I wish this entire cult would simply self implode “quietly and without remorse”.

  • outraged

    yayayayayayayayayayayayayayayayayayayayayayayayayayayayayayaya!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • Frodis73

    I really hope the story from the Tampa newspaper gets picked up…that’s my wish for the weekend anyway.

  • valshifter

    Best news ever, In your face!!!, how do you like that slap Dear Church of Scientology, I guess Tommy Davis, being an asshole on his deposition did not help, now we move on to Writ of Mandrake, and I hope it gets slap into the floor too, then is going to be Captain’s turn to be an asshole or just to make an ass out of himself and thrown tantrums like Miss Tommy D. Ho by the way Happy Birthday to El Fat Blubber.

  • media_lush

    a couple of simple questions for those that might know… irrelevant perhaps but they will paint a more detailed picture for me

    we know his favourite brand of cigarettes was Kool as a pack is left in ‘his office’ around various Orgs just in case he comes back…. but what was his tipple of choice? … and did he have any favourite type of food or dinner choices?

    just curious

    • DodoTheLaser

      Sinar Parman would know. He is on FB.

    • DodoTheLaser

      Rum and Coke re: drink of choice.

      • media_lush

        kinda guessed it would have been rum…. rum being the de facto spirit of sea-farers (real or imagined)

        • DodoTheLaser

          Arrr, aye!

    • Panopea Abrupta

      It is an interesting question, given all the spurious claims about health he made, with horrendous consequences for so many acolytes and their poor children.

      Adele Davis figured somewhat in his/Mary Sue’s thinking about food and supplements.
      Bad choice – she died of cancer aged 70.
      Her bestseller, Let’s Eat Right to Keep Fit, has hundreds of unsupported claims and erroneous attributions to studies that do not actually show what she claims.

      Mary Sue seems to have been on a bit of a health nut/ food fad kick on the Apollo.
      The Hubtard stuck with meat and 2 veg supposedly.

      The famous photo of his butler formally serving him coke on a silver tray in East Grinstead speaks volumes.
      Sickly sugar water for the pompous ass in an Ascot.

    • Ardent

      He liked Kool cigarettes, probably preferred drinking his own piss, and ate the stuff that accumulated under his fingernails, the degenerate, lunatic bastard.

  • outraged

    Scientology got under Waldrip’s skin and dug their own grave.

    • Sarah James

      They sure did.

  • indie8million

    Man, those copper rods that Miscavige grabs when he’s angry must have disintegrated today. Can you imagine the blood pressure rise and the amount of people getting yelled at and sent to the Hole? heh heh

    I wonder if he’s going to send Ed Bryan to the Hole. Wouldn’t that be so appropriate? Get a snoot at what you’re really defending, Ed. You’ve been an arrogant ass for years. This time, you might have met your match. Even your wife can’t get you out of this one. Better be ready to tuck and roll cuz the little big man is going to throw you under that bus as fast as he flicks a bugger, first thing in the morning. You never know where Karma is going to manifest itself but Whoomp, there it is.

  • NeverIn

    “As Defendant CSI [Church of Scientology International] asserts and argues, Mark Rathbun’s activity of offering Scientology services is a business. If so, the Church’s own activity of offering Scientology services is also a business.”

    Oh Sweet, Sweet Logic!

    And then to quote Wallace Jefferson – it’s just exquisitely delicious!
    Happy Pi Day!

  • Patrik Axelsson

    This picture is the best thing about todays article link at the Tampa Bay – Just look at that adorable little guy! Whose a teensy weensy Pope? Is it you? Yes, you are! You’re a teensy weensy roided-up pope!

    http://www.tampabay.com/resources/images/dti/rendered/2014/03/a4s_disc031614b_12715540_8col.jpg

    • Sarah James

      Lol!

    • media_lush

      I’ve added the text to the actual pic as it’s a bit fiddly on iOs devices

    • GalacticGreg

      Mini-man & The Ladies

      • DodoTheLaser

        There 2 dudes too, but they might be photo bombers.

        • midatlanticcoast

          They’re mini-man’s bodyguards to protect him from the ladies.

          • DodoTheLaser

            Makes sense. Can’t trust them female OT’s.

        • GalacticGreg

          They’re part of the group, The Ladies, for they bend over and spread ‘em figuratively in taking smacks/slaps from the Asthmatic Dwarf.

    • Graham

      So many ladies of ‘a certain age’. Are they the only ones with enough free time and disposable income to reach the upper echelons of $camatology?

    • TDA1541A

      Who’s is the lesbian chick in the middle ?

    • TXCowgirl

      Instead of putting the tallest people in the back of the group for the photo, Davey-boy made them sit down in front, so as not to diminish his diminish-ness.

  • media_lush

    …. anyway, browsing imgur and came across a strangely compelling quote from Neil Gaiman…. I wonder if it means what many people here might think it means

    • Panopea Abrupta

      Great find, Lush.
      It is actually an old Zen teaching, and beyond into the Dhyana tradition.

      But in his mouth, who knows?
      You may well be right.

    • Robert Eckert

      As Panopea said, it is the Buddhist view. A koan tells how a samurai asked a Zen master, “Is there really any such thing as hell, or heaven?” The master replied, “And who are you to ask? Are you pretending to be a samurai with your toy sword? What kind of a lord would ever want to hire the likes of you?” The samurai became enraged and drew his sword. The Zen master said, “There, you have just opened the gates of hell.” The samurai understood, sheathed his sword and bowed. The Zen master said, “There, you have just opened the gates of heaven.”

      • media_lush

        good stuff

  • DodoTheLaser

    How is COB supposed to be all theta and up tone at the Hubbard’s Bday bash with suppressive news like this?!

    • Patrik Axelsson

      Maybe he could try Valium? :)

      • GalacticGreg

        Or Vistaril ?

  • M from Toronto

    “then Chief Justice Wallace Jefferson…”
    And boom goes the dynamite.

  • DodoTheLaser

    Welcome to The Bunker and the rest of the world Sara Goldberg!
    I hope both of your children will be with you very soon. Disconnection is wrong.

  • Jack99

    I would have liked it for the sciontology lawyers to be ordered to wear a pointed hat and stand facing the corner, but I guess you can’t have everything.

  • http://xenutv.com/blog Super Power Wog

    Okay Bunkerites and Bunker lurkers
    With all this Great News, help Us keep the momentum going and REDX those COS CL Ads
    https://whyweprotest.net/community/threads/taking-down-co-on-craigslist-co-ads-on-craigslist.113779/page-62#post-2433905

    Sea Org Members: Your doubts ARE valid.
    You DON’T have to route out just BLOW
    The Freeloader debt is legally UNenforceable

    Thx THDNE

    • Pierrot

      ALERT in Cleveland, Aurora has the link for new ads, after flagging the list, scroll down thru the Alerts.

  • Pierrot

    RED X ALERT from Aurora at WWP
    New ads from co$ in Cleveland
    Please Follow the link Posted by Eclipse Girl a couple of rolls down (3 hours ago)
    Flag the list after you have digested, enjoyed and commented on the good news
    Thank you Tony

    • DodoTheLaser

      I went there, but it’s already flagged.
      Also, scientology in Cleveland = lulz.

    • http://xenutv.com/blog Super Power Wog

      Done! Cleveland you have been RedXed! Until Tomorrow.

      • midatlanticcoast

        Lack of sleep?
        LIFE COCAH/ THROUGH DIANETICS (LOS ANGELES)

  • J.W.

    “After leaving their Ingleside on the Bay home — and losing out on $36,000 in equity they had in it ”

    Why did they lose the equity? Where did it go?

    • media_lush

      if the value of their property went down from the (mortgage) price they paid for it…. most people expect to live in their homes long enough to overcome any fluctuations in the market

      • Tony Ortega

        No, Enthralled is correct. It was a rent-to-buy situation that they felt forced to walk away from.

        • anonymous

          If humanity has any decency, they’ll be well compensated for that.

          • ze moo

            I do hope that those costs are included in the Monique’s suit.

    • EnthralledObserver

      I believe it was a case of ‘rent to buy’, and therefore they defaulted on the contract, so lose their equity they managed to gain up until the date they left. I think I read it as such somewhere, maybe at Marty’s, but I don’t remember 100%.

    • valshifter

      They probably had to sell their house below market value, just to leave quick and get the hell out of there, therefore whatever many years they had invested in that property is lost if they sell. the property values have not been good since the end of 2007 when the false bubble real state market crashed. they probably mean it was not a good time to sell but they had to.

  • DodoTheLaser

    Because I can feel it’s already happening.

    • PoisonIvyHerself

      Are you listening IRS? Gee, Judge Waldrip seems to think that the CHURCH IS A BUSINESS. Perhaps you guys up there might want to get a good close read at his ruling – and Scientology’s OWN EVIDENCE.
      IRS, you can’t say any more you don’t have anything legal to go in in re-opening the question of tax-exemption for this monster that makes a sick mockery of what constitutes ‘religion.’

  • NeverIn

    Re: Tampa Bay Times story on Sara Goldberg.

    The longer I hang out in the bunker, stories like this get less surprising and more tragic. All this incredible pain, ultimately hinging on one simple little psychological control mechanism – fear of evil influence. Scientology institutionalizes and canonizes paranoia, making it more important than simple logic.

    To Sara, they said without saying, “you are OT8, a superior being with the ability to control the universe, but your powers and virtue cannot withstand reading a newspaper article.”

    To Ashley, they said without saying, “your mother has raised you and loved you your whole life, but she told you what she read on the internet because she wants to destroy you.”

    To Nick, they said without saying, “you spent most of your life with us, but since you defied us your life is so worthless we don’t care if you spend it imprisoned by the enemy or die today.”

    I have to wonder how much money CoS is making from Ashley these days in grief auditing and sec checks, and how much more they’ll get from her before she realizes her Mom just wanted the best for her after all. Will it be decades, like poor, wonderful TruthIWant?

    I also wonder how much money they made from Sara and Sheldon before they were PTS and barred. Perhaps as OT8s who’d lost interest in fundraising, CoS decided there was no more money to be made from them, so it would be more profitable to capitalize on their daughter’s pain instead.

    • DodoTheLaser

      You know scientology is a scam when OT 8′s are being SP declared.
      This is cult’s swan song.

  • http://askanex.wordpress.com/ Derek

    I’m so glad Nick’s mom stuck with him. That story was hard to read. So many parallels. Except that his mom cares about him.

    • DodoTheLaser

      Same here. So much unnecessary misery. I am happy no one died.
      Hoping yours will be out some day soon Derek.

      • http://askanex.wordpress.com/ Derek

        I was as close to ending my life as he was to ending his at one point. I agree. Too much unnecessary heartache.

        • DodoTheLaser

          Thanks for being alive, Derek.

          • http://askanex.wordpress.com/ Derek

            Aw Dodo, that warms my heart and brings tears to my eyes.

            • DodoTheLaser

              Because you are my buddy and a wonderful human being.

            • aquaclara

              This is sweet. Here, Derek, sharing another box of tissues. I’m glad you’re both here. We need you.

        • http://www.tingleff.org/jensting/muslinger/ Jens TINGLEFF

          up-voting because you stuck with life. Thanks.

    • PoisonIvyHerself

      You can’t choose your parents, but you can choose your friends. You know you’re loved greatly, Derek.

    • Panopea Abrupta

      Giant hugs for you, Derek.
      I feel for you and all the people who have been disconnected.
      As PoisonIvy says, you are much loved and have real friends.

  • http://askanex.wordpress.com/ Derek

    Juxtaposing an historic court ruling against scientology with a heartbreaking tragedy that echoes every reason why scientology is evil. This is an emotional roller coaster.

    • Richard Grant

      Well and succinctly said, Derek. And I see you’ve chosen the English usage, “an historic”, which always sounds better to me as well. “Brideshead Revisited” has a lot to answer for.

  • 0tessa

    Very good news on early saturday morning. Psycho-tology lost their anti-SLAPP motion.
    Congratulations to the Rathbuns. Enjoy it!
    And then the tragic story of the Goldberg family. I feel your pain as a mother. You did the right thing – let nothing come between you and your son. Especially not this ‘church’.

    • DodoTheLaser

      The Goldberg family story is just warming up, there will some major ripples.
      Also, some golden OT 8 bracelets on eBay.

  • EnthralledObserver

    “As a result, the Court declines to conclude that Defendants’ motions, in and of themselves, are frivolous, but the Court does conclude that the method in which the motions were litigated, from the discovery to the objections, etc., resulted in hours upon hours of courtroom time that could have been better spent elsewhere.”
    Vexatious litigant anyone?

    • anonymous

      In other words, Waldrip would have been better off spanking his monkey than entertaining the cults BS.

    • http://www.tingleff.org/jensting/muslinger/ Jens TINGLEFF

      protected religious expression!

  • Graham

    “No evidence demonstrates that any of the…activities occurred at an actual church, at a mission, at a place of worship or during any other type of religious service or ceremony,” Waldrip pointed out.

    But Judge, you have to understand that, in $cientology, harassing people is a type of religious service or ceremony. Slappy’s gonna be very upset that you don’t think this is a legitimate religious activity.

    • DodoTheLaser

      Just because one can afford 22 lawyers, doesn’t mean he shouldn’t follow their legal advice.

      Or

      If one can afford 22 lawyers, he should also listen to what they suggest.

      Or

      Having 22 lawyers can make one look even more guilty and create a precedent for Mandamus Douche Maximus.

      Pick your fave or free to add.

      • vistaril_LOL

        I like Mandamus Douche, sounds kind of classical.

      • Anonymous

        Having 22 lawyers on your side, even if they are handling different aspects, makes for an incredibly difficult strategy and tactical case management problem.

        I expect to see some attorneys trimmed soon and possibly a couple of new specialist added….anything to protect Miscavige, regardless of the cost.

        He will bankrupt the organization if necessary to protect himself…at this point he is a HUGE liability to the church and should be declared / expelled.

        And I have some ideas for his amends project.

        • DodoTheLaser

          Great points!

    • vistaril_LOL

      What are the chances anyone in UK gov is listening? A – fucking zero.I wonder how they interpreted a rare public family court judgement in 1984 describing Scamology as ” corrupt, sinister and dangerous….immoral and socially obnoxious……training for brainwashing……etc etc”

  • http://www.rediscoverscientology.com/blogs/joe-howard.html Joe Howard

    Congratulations to Team Mosey. Justice. Hen’s teeth. Not sure which is rarer. But the odds may be shifting. I sure hope so. Las Vegas needs to set a line on this one.

    • DodoTheLaser

      I remember you from tech films, Dan. What a journey!

      • http://www.rediscoverscientology.com/blogs/joe-howard.html Joe Howard

        What a journey is right. For me it has been more positive than negative so in that sense I have been lucky compared to others.

        • DodoTheLaser

          I hear you. I sent you a message on facebook, check your other folder please.

          • http://www.rediscoverscientology.com/blogs/joe-howard.html Joe Howard

            Did it. See reply.

  • 0tessa

    “21, As Defendant CSI asserts and argues, Mark Rathbun’s activity of offering Scientology services is a business. If so, the Church’s own activity of offering Scientology services is also a business.”
    You got it, judge. Scientology is a business, not a religion at all. So, next question then is: why has it got tax exemption?
    Maybe this is Scientology’s biggest foot bullet: they assert themselves that delivering services at a fixed price is a business. Their defence reveals their true nature: it is $cientology Incorporated!, who abuses taxpayers’ money.

    • Zana

      Right on! that’s my question as well!

  • Graham

    Some interesting ‘comments’ below the Tampa Bay Times article.

    Someone expressing surprise that no $ciobots have yet appeared in the comments section to defend their cherch. This is strange- could it be lack of personnel??
    Someone pointing out, incorrectly, that Judge Waldrip has just declared $cientology to be a business and not a cherch.
    Someone hoping the cherch will declare the whole of Clearwater to be SP, and up sticks & leave.

    • Richard Grant

      I think there’s one comment from a terrified church staffer as of 6:00 a.m. Eastern. And it’s just the “All religions are crazy” line that they pull out when they’ve got nothing else, hoping to deflect the conversation away from Scientology and from the actual story being reported.

    • vistaril_LOL

      I have a map showing the location of the former Atlantis if they wanna go…….

    • Anonymous

      This one is so hot and incredibly bad for Miscavige that he cannot risk his minions bing exposed to the truthful “entheta” contained in the article.

      The walls are closing in….the lies to the few remaining loyalists do not work anymore…more “curtain tech” is called for.

      • Graham

        Curtain Tech. Shrub Tech. Hiding: -8 on the Tone Scale

  • DodoTheLaser

    While SP’s celebrate, RTC is watching.

    • Elar Aitch

      Nice! If I could photoshop I’d get Cowpoke Ron’s head in there somehow.

      • Scream Nevermore

        Yeah, sticking out of that guy’s butt!

  • http://www.tingleff.org/jensting/muslinger/ Jens TINGLEFF

    The question is whether the criminal organisatyion known as the “church” of $cientology will go for broke and claim that using the courts to harass (e.g. by filing spurious motions causing endless delays) is a religiously mandated activity from their guru L Ron Hubbard and therefore protected religious expression?

    After all, L Ron Hubbard did say “The law can be used very easily to harass,” in “The Scientologist, a Manual on the Dissemination of Material.” published in “Ability, the Magazine of DIANETICS and
    SCIENTOLOGY from Phoenix, Arizona”, Major Issue 1, published “circa
    mid-March 1955″ https://www.cs.cmu.edu/~dst/Fishman/Declaration/exhibg.html

    Well done to Monique’s legal team. Now, for the appeal…

    • ze moo

      While the clams can claim that their actions are ‘religiously protected free speech’, the body of law seems to beat that argument down. If Monique can assert damage claims for her pain and suffering over the clampires copyright claims and win, the clampire cannot cause harm and be immune.

      I agree that this will be appealed. Lroon’s ‘religion’ requires it.

  • PoisonIvyHerself

    Oh, Judge Waldrip, you are a SUPERHERO! I could just kiss that fuzzy little goatee! And Monique and Marty, I couldn’t be happier for you. This is stunning news. Sure, there’s still a ways to go in the suit…but this is a great precedent, and a priceless document for the total legal record.

    This may already have been discussed here but if anyone hasn’t dropped over to Marty’s blog in the last week or so, I suggest you do so. Marty presents some stunning evidence of his own of Sea Org directives written by LRH himself…and he makes an amazing admission about BAREFACED MESSIAH. See, I knew he was moving in the right direction! Yay Marty! Yay Monique!

    In the immortal words of Tory Christman, “Tick tock, David Miscavige…”

    • Mrs Libnish

      He’s slowly but surely laying it all out there….

  • Elar Aitch

    I am in no doubt now that his honor knows the type of litigant he is dealing with in RTC / CSI / COS ….it’s a good day when legal rulings support the little guy against corporate ne’er do wells.

  • DodoTheLaser

    Can’t wait to hear the reports from Ron’s Bday party and how he was a whole track boyscout,
    paving the spiritual path for cookies and turning them into rice and beans.

    • ze moo

      Daveys Birthday celebration for Lroon is going to be a little more subdued then usual. Ok, it won’t be subdued at all. Clams are very good at ignoring any bad news {entheta}.

  • vistaril_LOL

    I’ve got a stinking cold , but feel so much better reading this – thx for providing me a WTH Pope Dinky Member!!!

  • 1subgenius

    It is significant that Waldrip noted that defendant attempts to “cloak” its business actions with the Constitutional covering of freedom of speech..
    It is a short step to conclude that all of Scientology has cloaked its entire scam with the claim of being a religion.
    This decision, although “only” at the trial court level, is up there with the greats.

  • vistaril_LOL

    Dear Pocket Pope – here’s a little humour to cheer you up…where you a little Caesar in a past life eh?

    http://www.youtube.com/watch?v=kvs4bOMv5Xw#t=0m15.8s

    • Toni m

      Very funny.

  • Snake Plissken

    Gee I can’t imagine why a judge would have a problem with a crime syndicate carrying out an operation to torment the citizens of his state

    • ze moo

      Snark Plissken, is very snarky.

  • Snake Plissken

  • Annabelle

    “…Monique is entitled to her costs and attorneys’ fees.” Yay!

  • http://scientologie-secte.org/ Voltaire2003

    Greetings from France! We couldn’t be happier!

    • Panopea Abrupta

      Now, that’s a Bunkerite to accept a glass from!
      A la bonne votre :)

    • Candygram

      Ah, if only people would say to $cientogy: “that may be so, but now I must tend to my garden.”

  • valshifter

    How is your black hart now little dictator?

  • valshifter

    why is the Judge awarding fees and cost right now if the whole thing is not over yet, am a little confuse.

    • Eclipse-girl

      The fees and cost are for the deciding of this particular motion, the Anti – SLAPP motion.

      It took several months for the court to decide, and the lawyers on each side had to prepare evidence and write up their findings.

      It is a protection against the side with deeper pockets from filing frivolous motions just to bankrupt the other side.

      • WildaBeast

        I just said, on the Hamilton thread, that I thought I loved Waldrip. Correction: I know I love him. If I was straight I would offer to have his babies.

        • Eclipse-girl

          I know what you mean.
          I would love to send flowers to his wife and cookies and cakes to his family for what the are going through while he spends time on this case.

  • Anonymous

    This ruling is very significant as it prevents the church of Scientology from gaining legal cover for their policy of engaging in organized crime via stalking and intimidation in order to stifle the lawful actions and speech of former members and critics.

    It is hard to over-estimate the importance and comprehensive nature of this ruling which will be cited for years in other cases, especially matters within if eventually tried in a federal court.

    • And I’m Cute, Too

      One aspect that I find especially delicious: The Co$ has admitted on the record that it ordered the Squirrel Busters and all the odious stalking. They did so in part to protect Miscavige, but I think they also had in mind to use the anti-SLAPP statute to paint such actions as “free speech”, and get the lawsuit tossed.

      But now that the judge has rejected their motion, the “church” can’t take back their admission. It’s in the public record forever: The Co$ orders members, with cameras strapped to their heads, to harass private citizens. It’s out of their own mouth, and everyone will know.

      Boy, do I love justice…

      • Anonymous

        Agreed…this is a watershed moment.

        The senior Scientology management behavior of ultimately admitting horrible conduct that had previously been denied for decades, follows a long and disgusting pattern originating with Hubbard.

        The pattern frequently includes the church attempting to gain legal cover on religious grounds for the exact same policy-driven behavior that they had formerly denied ever occurred.

        This is what liars do.

        It is what con-artists do.

        It is what people with mental illness do.

        As an example, Bernie Madoff was recently interviewed in prison…incredibly he told the interviewer (without a shred of irony) that if the SEC and FBI had “allowed” him to help, they could have easily recovered virtually all the money he scammed from people.

        Dangerous criminals with mental illness will often claim good intentions for their outragous conduct …even after virtually every single person on earth sees their conduct differently.

        That is the world stage upon which Scientology is still trying to “expand.”

    • Zana

      I agree! Thank you for sharing. I am not an attorney, however, as I read it the same thing occurred to me.

      Could the statement that Co$ is “doing business” be the beginning of the unraveling of their tax exempt status?

      • Anonymous

        “Could the statement that Co$ is “doing business” be the beginning of the unraveling of their tax exempt status?”

        This is a TX state level trial and is limited to some pretty narrow issues.

        But the ruling (provided it withstands appeals) can certainly be added to the growing list of devastating legal setbacks for Scientology and serve as useful precedent for future litigation.

        Rulings like this narrow the options of deflection and deceit that are the hallmarks of Scientology legal strategy.

        • Zana

          Thank you for explaining. It is helpful. And I find it fascinating. Thank you for your posts. I always read them because they are so smart.

  • ze moo

    Good job Judge Waldrip, awarding costs and lawyer fees for a knowingly time wasting and irrelevant motion. This is the equivalent of Cheech and Chongs ‘Bailiff wack his PP.’

    Joe Childs Tampa Bay Times article is heartbreaking. Damn you Lroon!!!

    http://www.youtube.com/watch?v=P4yqbLHYbcI

    • stillgrace2

      I heartily agree!

  • Radar-Screen

    “As Defendant CSI [Church of Scientology International] asserts and argues, Mark Rathbun’s activity of offering Scientology services is a business. If so, the Church’s own activity of offering Scientology services is also a business.”

    —- What are the chances the IRS may take another look at this subject?

    • Scream Nevermore

      Maybe someone in the US could ask the IRS that very question…

      I have to say, if I ever have to go to court, if the gods gave me a judge as careful and conscientious as this one, I would be content.

  • Mrs Libnish

    Listen up IRS: “As Defendant CSI [Church of Scientology International] asserts and argues, Mark Rathbun’s activity of offering Scientology services is a business. If so, the Church’s own activity of offering Scientology services is also a business.”

    What is that I hear….the shit hitting the fan, perhaps?

    • Ardent

      I really hope so!

    • Zana

      Yes! That’s what occurred to me. Now the Judge has put into the record that the “church” has admitted that it is a “business”. Does that open the doors to losing their church status? Could that be the first brick out of the wall that has made them exempt from paying taxes? Co$ IS a business. Run like a business with business “administration” which it widely touts all over. Is this madness finally turning in on itself and eating it’s own tail?

      The soap opera continues…. and it looks like the Co$ is losing to itself. Like the Keystone Cops… they are running in all different directions and bumping into each other.

      • Elar Aitch

        Th IRS revisiting its agreement with the COS will take political will, which will probably require public pressure.

  • Mrs. V.

    This is excellent news! But, should we assume that CSI will appeal?

  • Jgg2012

    Notice how different this is from the Headley decision which (a) assumed Scientology was a religion, (b) assumed Sea Org workers were training to be ministers, and (c) thought any inquiry into their activities would lead to Church / State entanglement. (the 9th Circuit affirmed on unrelated grounds).

  • Jgg2012

    If you are wondering why Scientology even raised the trademark / copyright nonsense, it’s because, if they said Marty started his own religion, no attorney (even at $1,000 / hr.) would say he can’t do that. You are free to break off into sects. Look at Protestantism. They had to say he was a business, but then Jeffrey’s associate nailed them (“they must be a business too”) and Waldrip was visibly impressed

  • And I’m Cute, Too

    First of all: So happy for Monique! I had a feeling Judge Waldrip would rule this way, but it’s good to hear it officially. One more nail in the cult’s coffin, with many more to come, I hope.

    At the same time: Sara Goldberg’s story breaks my heart. A couple attains the highest levels within their “church”. Then it all gets taken away from them, and why? Because that couple loves their son, and that son cannot live a lie. And they’re forced to choose which child to keep in their lives.

    The callousness of the Co$ staffers in the face of Nick’s near suicide speaks volumes. (“Ignore it. He’s trying to manipulate you.” “So, is he moving out?”) These are “the most ethical people on the planet”? Glad I’m not one of them.

    I hope that Ashley’s love for her mom is real. If it is, I believe there’s a chance she’ll open her eyes and get out of there. Oh, how I would love to read about that.

    Down with the Cult of Greed and Power. In Tony’s posts today, we see it happening. In Joe Childs’ story, we see why it has to happen.

  • Candygram

    Wow! Very encouraging news. May the incremental victories of sanity and common sense morph into a big giant non-evil robot of non-crazy! Sorry, hanging out with my 4 year old evil monster fighter.

  • iCandy

    As a belated birthday present to LRH, I would like to post a link to The
    Squirrel Watcher, very entertaining stuff. If you’d like to read the
    ramblings of David Miss Cabbage, skip to Volume Two, Issue One, “The Wit
    and Wisdom of David Miscavige”. This issue provides a transcript of DM’s
    court ordered deposition in a law suit. I’m sure many of you are
    familiar with these documents, but they were new to me, and I wanted to
    share them for your amusement. By the way, when I go to this link using
    Firefox, the browser automagically downloads a PDF file entitled
    SquirrelWatcher.pdf. There doesn’t seem to be a way to read it online.
    Please correct me if I’m wrong. Here’s the link:
    http://www.davidmiscavige.wikiscientology.org/text/Documented_anonymous_letters_by_the_Squirrel-Watcher

    Edit: When I view the above link using Internet Explorer I’m able to view the documents online.

  • beef

    Great news!

  • Great White Clam

    “As Defendant CSI [Church of Scientology International] asserts and
    argues, Mark Rathbun’s activity of offering Scientology services is a
    business. If so, the Church’s own activity of offering Scientology
    services is also a business.”

  • 1.1

    This has been a stupendous week, it brings abundant joy to my thetan. I wonder where COB is on the tone scale now?

    • Buttons72

      I love your handle.

      • 1.1

        :-)

  • Toni m

    You see this sweet lady, Laura Decresenzo, miracles happen. The retirement of your good judge is only a bump in the road. They are still good judges around that not get intimidated by 22 lawyers and one big shot ex whatever he was, and all the money and dirty tricks of slappy little worm. We are with you in this road as you can see we are with Mrs Rathbun. Congratulations to the Rathbun’s family and their lawyers.
    Let keep the celebration here in the Bunker, Somebody mention margaritas?, save one for me Bunkeritos.

    • Tory Christman

      A M A Z I N G…and for us it’s only going to get better. As I remind the public and staff still “in” always,
      BAIL WHILE U STILL CAN: this is ONLY going to get much, much, MUCH worse. Thanks to ALL here at the Bunker, and the many who came before, too. <3

      • Toni m

        Dear Tory, I saw you reply at work. I was unable to answer to it. I can’t believe that the person I admire so much took her time to reply to me.
        I admire your courage and your persistence, you ability to give your message to different kind of people. I’m a never in but you got me, I love to see your videos in You Tube and the ones were you give conferences or interviews.
        I wish many more years for you Tory and more important that you see the fall of dm. You deserve that. I’m borrowing this from you….Tick, Tock, Tick Tock.

  • PinxEngrayz

    Fantastic. I can’t believe the chutzpah of the “church.” It’s nice to see it, um, slapped down once in awhile.

  • Cymboli

    I love that Waldrip shot down this motion. Even more than that, I love the fact that he cited an opinion from Wallace Jefferson in the process. You just gotta love this guy.

  • Scream Nevermore

    Davey Minutive must be ingoherent with rage today. Excellent!

  • Eclipse-girl

    Because this article is still active.
    Here are the listings for the Ides of March

    https://whyweprotest.net/community/threads/taking-down-co-on-craigslist-co-ads-on-craigslist.113779/page-62#post-2434381

    • Eclipse-girl

      for protection

  • Ardent

    What delightfully good news. I guessed the anti-SLAPP motion was a non-starter. Vexatious behaviour from the cult yet again.

  • Seannie5

    Wow! Such great news! Thank you, Judge Ricky Gervais!

  • Seannie5

    To go from such good news about Monique’s case to reading about the Disconnection story…. it’s truly infuriating. These people are inhumane. It’s shocking to hear first hand that people really don’t read the internet. I think scientology’s greatest success is instilling such fear in it’s members in that regard. It’s what’s keeping it functioning. Thank god Nick had a loving mother who saw through the bullshit. She must be going through hell.

  • music8r

    I cannot help but wonder that the CSI wackos might feel they have earned a victory by effectively delaying this decision until now. Had this decision been posted anywhere between June- December of any given year, the Bunker comments would have exceeded 3000. At this moment Bunker comments are at 666 (I LOVE that number!) This is probably the time of year with the lowest readership in most special issue blogs.

    What the Scilons DO NOT realize is that their crimes are TIMELESS!

  • Zana

    Now that Judge Waldrip has put into the record that the Church of Scientology is “doing business”… does that mean that it is NOT a “church”? The fact that it is “selling services”…. does that mean that it should NOT be tax exempt? Does this open a whole new can of worms for the Co$?

  • Tory Christman

    So wonderful the few times a Judge “gets it” re this scam artist organization pretending to be a “church”.
    Judge Breckenridge was another fab Judge. If you’ve never read what he has said, please Google it. :)

  • shasha40

    Oh Happy day! Judge Waldrip is the Judge! ( like, he’s the man!) Ooh, tiny dick, you have to pay for Monique’ legal fees and court costs. Guess you’re Big being powers are wearing off , where’s your cause over after now??? Scientology’ Imploding, Imploding! Tick, took, Davey! Popcorn and cake for everyone on me!

  • Minion Gayle

    You know, I checked the Bunker five minutes before I left work Friday. Nothing new. I should’ve known better than to go all weekend without checking.

    Note to self: Make the children fend for themselves on the weekends.