The fundamental mistake the Watchtower and governing body has made is rearranging the appointment date of the "faithful and discreet slave" by placing it after the formation of the Watchtower corporation and not before as it traditionally was. This makes the JW religion a tool of the Watchtower and not the other way around. The net result being the Watchtower controls the religion and as such the actions of the religion are in fact the policy directions of the Watchtower corporation.
The dissenting judge was technically wrong in this case as a so-called private "bridge club" that, for example, operates under the auspices and total control of a casino corporation and its board and with all financial proceeds given to the casino, is not private club. However, a congregation is not a private association. If it was really private then it could not qualify for charity status as it only exists to serve itself and its members and would not pass a public benefit test, keeping in mind the preaching work is now classified as a JWs private and personal ministry and not the charity work of the congregation. The Watchtower has dodged a bullet here as a win for them could have ultimately revoked their charity status as well.
Here's hoping the Watchtower appeals to the Supreme Court and wins thereby establishing itself by its own arguments that all congregations are private and not public.
