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WATCHTOWER BIBLE & TRACT v. SAN JUAN MUNICIPALITY

Nos. 13-1605, 13-1718, 13-1719.

773 F.3d 1 (2014)

WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC. et al., Plaintiffs, Appellants/Cross-Appellees, v. MUNICIPALITY OF SAN JUAN et al., Defendants, Appellees/Cross-Appellants, Alejandro Garcá Padilla, in his Official Capacity as Governor, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 20, 2014.

Attorney(s) appearing for the Case

Paul D. Polidoro , with whom Gregory Allen and Nora Vargas Acosta were on brief, for plaintiffs.

Rosa María Cruz-Niemiec , with whom Cruz Niemiec & Vázquez was on brief, for defendant Municipality of San Juan.

Michael C. McCall , with whom Luis Pabón Roca , Clarisa Solá Gómez , Claudio Aliff-Ortiz , Ivan Pasarell-Jove , Rafael E. Rivera-Sánchez , Pedro R. Vázquez, III , Edgar Hernández Sánchez , Robert Millán , The Law Offices of Michael Craig McCall, Faccio & Pabón Roca, Aldarondo & Lopez Bras, P.S.C., Pedro R. Vázquez Law Office, Cancio, Nadal, Rivera & Díaz, P.S.C., and Millan Law Offices were on various briefs, for remaining seven municipal defendants.

Susana I. Peñagarícano-Brown , Assistant Solicitor General, Department of Justice, with whom Margarita L. Mercado-Echegaray , Solicitor General, was on brief, for Commonwealth defendants.

Before LYNCH, Chief Judge, RIPPLE and SELYA, Circuit Judges.

Unlike other jurisdictions, Puerto Rico allows private citizens to maintain gated residential communities that incorporate public streets. This unorthodox configuration produces an awkward amalgam of the public and private sectors, which makes the task of applying traditional First Amendment...

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