Court orders protesters to allow the passage of hotel construction in Luquillo

The superior judge Juan A. Robles Adorno, of the Fajardo Court, ordered today, Thursday, those who protest against the construction of a hotel in front of the La Monserrate spa, in Luquillo, to “Cease and desist” to block entry and exit, as well as carrying out any act that prevents the flow of people, trucks and other vehicles, from and to the project premises.

Likewise, he ordered them to “cease and desist” from carrying out any act that impairs, damages or affects the premises, facilities and any machinery or furniture from Luquillo Hotel Company or LHC (company that develops the inn); and “cease and desist” from performing any threats and acts that interfere with security of owners, employees and third parties who visit or are on the project premises and facilities.

The judge’s fourth order to the protesters was to “cease and desist” from all act of occupation or attempt to occupy the premises and facilities of the work.

“It is declared that, according to the balance of competing interests and in order to maintain security and desirable social coexistence, the right to freedom of expression does not extend to violent acts, threats, destruction of private property, obstructing the free flow of the road that gives access to LHC’s property or interfering in the control of the project, ”stated Robles Adorno in his sentence.

“For these purposes, the permanent injunction has been declared,” added the judge, who held the day before yesterday, Tuesday, a hearing to hear the arguments of the company and the defendants, among whom are the former independent candidate for governor Eliezer Molina and the citizen Yamize Elías.

Precisely, Robles Adorno determined that Molina and Elías “They had an active role in the acts leading to the blockade of the sole access of LHC’s private property ”, in events that occurred on December 13.

“We resolve that the protesters have broken into private property illegally and, as of December 13, 2021, they have obstructed road number 3, at the height of the project entrance, and have also obstructed the project entrance. Said obstruction directly affects the enjoyment of ownership of LHC. On the other hand, violent incidents and threats have affected the health and safety of the people who have authorization to access the project’s premises ”, it is indicated in the sentence, of which The new day got a copy.

According to Robles Adorno, the facts show that the constitutive elements of a public nuisance have been configured, which require the intervention of the court to maintain the security of the citizenry.

“While it is true that the protesters enjoy constitutional protection under the right to freedom of expression, the defendants’ proven actions to obstruct access to LHC’s property constitute illegal acts that are not protected by the law. Constitution of Puerto Rico o la United States Constitution”, Affirmed the judge.

The 104-room hotel began construction on November 29. The protests began just over a week later, denouncing that the work will cause damage to the Monserrate wetland. The lawsuit was filed by Luquillo Hotel Company on December 13.

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