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tsukimoto
FILE
IN CLERKS OFFICE
COURT OF APPEALS
STATE OF WASHINGTON, DIVISION III

DATE: JUNE 9, 1994

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

KEN B No. 13065-7-III
Respondent,

V.

) Division Three
LARRY T ) Panel Four
Appellant.


)
KEN B ) No. 13066-5-III
Respondent,

V.

EDDIE Y

Appellant. FILED JUN - 9 1994

SCHULTHEIS, J.-- After trial to the bench, the Spokane County Superior Court found in favor of Ken
B on his civil harassment claim and entered protection orders against Larry T and Eddie Y.
Appellants contend: (1) the findings are unsupported by the evidence and in turn fail to support the
conclusions; and (2) the civil harassment statute is vague and overbroad. We reverse.

Nichiren Shoshu Temple (NST) is the "temple side" of Japanese Buddhism and is a religious order
operated by ordained priests. Various lay groups also practice Buddhism, but without official sanction by
NST. One of these is Soka Gakkai International (SGI). SGI was affiliated with NST and supported the
parent organization, financially and otherwise, but about a year prior to the events giving rise to this
controversy, NST expelled SGI. The record does not disclose what prompted this action.

Among those SGI members affected were Mr. Y, Mr. T , Dave M , Shizuko S and Melissa S. Mr.Y
learned the regional high priest of NST, Reverend Jiho Takahashi, had left San Francisco and was due to
arrive in Spokane. Mr. Y alerted Mr. T who contacted Ms. S and Ms. S. They decided to meet Reverend
Takahashi's plane so Mr. Y and Ms. S could confront him about the rift. Mr. Y left his home in Seattle,
bringing with him surveillance equipment, and met with the others in the group who resided in Spokane.
On May 23, 992, they drove to the Spokane International Airport. Mr. T and Mr. M did not enter the
terminal and remained in their respective vehicles, each equipped with a walkie-talkie.

Forewarned of a possible confrontation, two NST members, Mr. B and Paul K , were at the airport to
greet the plane. Mr. B had been a member of SGI but left to join NST. The reason for Reverend
Takahashi's presence in Spokane was to officiate at Mr. B's wedding over the weekend. Reverend
Takahashi and his assistant, Yoshiko Huseth, deplaned and as the four of them stood together, Mr. Y
approached the group and began speaking to the priest in a loud and aggressive manner. The two were in
bodily contact and Mr. Y was "in his face". Mr. B directed Mr. Y to step back. A scuffle ensued when
Mr. B interposed himself between Mr. Y and Reverend Takahashi in response to a perceived threat of
physical violence. The NST party then proceeded through the concourse toward the exit. Along the way,
Mr. Y continued to shout at Reverend Takahashi who did not respond. The one-sided conversation was
in both English and Japanese. Mr. B did not understand Japanese and at trial, the only comments he
could attribute to Mr. Y were "Stop. We want to talk to you. We want to talk to your priest. We want to
go to your meeting."

As the party walked toward the main terminal, Ms. S, accompanied by Ms. S, confronted Reverend
Takahashi. Mr. K positioned himself between the priest and his adversary. In the process, he hooked Ms.
S's purse with a luggage cart and tugged it from her grasp. On reaching the magnetometer station, Mr. B
asked one of the attendants to summon airport security for assistance in preventing the SGI contingent
from following and harassing Reverend Takahashi. Mr. Y and Ms. S continued to try to talk to the priest.
All of the SGI members were chattering loudly and several were grasping at the NST group. Security
personnel contacted the SGI contingent in the terminal parking garage which allowed the Takahashi party
to escape. After engaging in brief conversation, the officers took no action.

The NST members retrieved their automobile and prepared to drive to Coeur d'Alene, Idaho, where Mr.
B resides. Still intent on confronting Reverend Takahashi, the SGI group put into operation a backup plan
to maintain contact. Mr. M observed Mr. B's vehicle leave the parking garage and radioed Mr. T on a
walkie-talkie. The two surveillance vehicles fell in behind Mr. B's vehicle as he left the airport. While on
the Interstate 90 freeway, Mr. B sensed he was being followed and brought his vehicle to a halt at an
access ramp to confirm his suspicions. Another vehicle did likewise, and in the front seat were Mr. Y and
Mr. T . No threats, menacing gestures or verbal abuse occurred, although Mr. B did observe one of the
men had what appeared to be a walkie-talkie. Mr. B then took evasive action by leaving the freeway. He
was followed by Mr. T . He re-entered the freeway, again followed by Mr. T 's car, and proceeded to his
destination.

Various incidents occurred in Idaho later in the day and the following morning. Among them, Mr. Y and
Mr T had "difficulty finding accommodations" that evening and finally located a bed and breakfast facility
where they remained for the night. It happened to be the same bed and breakfast where Reverend
Takahashi and his assistant were staying. Testimony relating to events transpiring in Idaho was excluded
because the court concluded that extraterritorial harassment, if any, was not relevant. Some information
developed nonetheless when Mr. T testified without objection to meeting Reverend Takahashi in Coeur
d'Alene. The priest and his assistant were having breakfast. Mr. Y and Mr. T joined them, there
apparently being only one table at the facility. The situation was "tense", but not confrontational. The
SGI members were still intent on engaging the priest in dialogue, but another couple staying at the bed
and breakfast sat down at the table and Mr. T felt it would not have been "really appropriate to talk to
him" under the circumstances. The priest left the table after the first course of the meal and did not
return.

Mr. Y, Ms. S and several other SGI members returned to the airport later that day in the belief Reverend
Takahashi would be departing and they might again have an opportunity to speak with him. He was, but
security personnel allowed the priest to avoid public access areas and to leave through a special gate.
There was no contact at the time between any of the NST and SGI members.
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wellI'llbe
Hi I'm new here. I recently received gohonzon in January this year.I chose to because chanting with members in my neighbourhood and occasionally attending meetings was helping me to feel part of my community. I've had misgivings about the Sensei worship thing all along. Last night I found this form and begin to understand how cults work. I recognise I've made a mistake in joining. Chanting seems to work for me as a form of meditation and helping me to set goals and access the inner strength to work for them, but I want to leave SGI. I feel I've been a bit blind and foolish not wanting to see or not understanding the evidence. What do I do next? Just stop attending meetings? Can I get myself removed?

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Stoic
'just stop attending meetings and not answer any calls or emails from SGI.'

I agree. You don't owe them any explanations either so it is best to totally avoid any discussions about why you are no longer attending.
A firm, polite refusal is enough, repeated as often as necessary.'

Ok
Is there any danger in remaining on their membership list?
Also I subscribed to their monthly mag for a year. I'm inclined to just leave it and not renew
Or is it a clearer message to cancel the subscription?

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wakatta1
@WellI'llBe -- You said:

"Is there any danger in remaining on their membership list?"

Consider that once your name is on the membership list it isn't going anywhere for a long time.

Years from now some nice old Japanese lady will show up at your door, hand you a Seikyo Times and some riceballs, and then with a very hurt look on her face ask: "Why you no chant nomore? Why you no come meetings? We miss you so velly much! You never get happy if you no chanto. Ikea sensei say so in newspaper! Now you come home Vee with me and we chant together". (Yup! It's what they do....)

All kidding aside though, the Women's division are the keepers of the membership lists and they almost never take anyone off them. In fact during membership drives they will add your family members without your permission, thinking they are giving you a "blessing". It is like a "lead's list" at a telemarketing firm. Never let go of the contact... They are also the people who collect newspaper, zaimu and movement money, so they have a motivation to hold onto your name.

The advice you were given here is spot-on. Just say no thanks and gently close the door or hang up the phone. No need to have a "life to life dialog", no need to have them "help" you to take down your shrine, just say no. Eventually they will give up except for rare occasions when they are being driven to "call everyone".

Wakatta1