Posted on 03/09/2006 9:56:37 PM PST by freedomdefender
Berkeley is charging them a fee because they are Boy Scouts and Boy Scouts aren't politically correct. Other nonprofits get free use, so this is discrimination based on ideology. Unfair. Unconstitutional. Unfreakin unbelievable that the Cal SUpreme Court would say this is OK.
Guess it takes a constitutional amendment for the boy scouts to be treated decently.
So how about it
The sauce for a goose is the sauce for a gander. Per USSC, there is no inherent right to the taxpayer money, be it federal funds for the universities or a rent subsidy at the marina. Those who do not like the attached strings should not take the money, and then they could exercise their Constitutional rights to their hearts' content.
http://www.freerepublic.com/focus/f-news/1593336/posts
already posted here.
That's true, but when government opens a program or offers a benefit, it can't pick and choose recipients based on their viewpoints. The US SUpreme Court has made that clear -- but that's what Berkeley is doing by shutting the Scouts out of a program that other nonprofits are allowed into. It's as if Berkeley charged Republicans more to use a city swimming pool than Democrats. Are you saying that would be constitutional, because "there is no inherent right to taxpayer money"? The US Supreme Court would disagree with you -- and I won't be surprised if they state their disagreement with the California Court on the Scout issue.
Not really. The article you cite is from the San Fran Comical, and takes a liberal slant - suggesting that the Scouts were arguing they deserved a "subsidy." As the article that I posted notes, what was at issue, instead, is whether Berkeley can treat the Scouts UNEQUALLY -- WITH DISCRIMINATION -- because Berkeley doesn't like their traditional viewpoint.
This isn't about a "Right to a subsidy" -- as the Chronicle implies -- its' about a right EQUAL TREATMENT, and a right to NOT BE DISCRIMINATED AGAINST BECAUSE OF ONE'S CONSTITUTIONALLY PROTECTED VIEWPOINTS.
They're fighting the Boy Scouts in case after case.
Well, are they being overcharged for that berth? Or are they assessed the market rent? And as for "can't pick and choose" - I disagree. I read that USSC decision and understood it completely differently from your interpretation.
The good old USA isn't nearly as good as it once was.
Do you ever wonder what the Lord thinks of what we've done to this once great blessing He entrusted to us? I do and then I shudder.
The scouts helped build the damn marina. This isn't a "gimmee."
Beyond that, the SCOTUS decision has NO relevance to this case. You're building assumption castles in thin air.
They're being charged a high monthly fee, while other nonprofits are not charged any fee. It's rank discrimination, based on ideology. Look up "viewpoint discrimination" in a law hornbook. The US SUpreme Court has said again and again that government can't withhold access to a public benefit based on someone's constitutionally protected viewpoint. The law school/military case wasn't about that -- the Court decided that case based on Congress's military powers under the Constitution. You need to become familiar with more Supreme Court cases - such as the Karen Findley case, the Rosenberger case, the Legal Services case, all of which say that government benefits can't be withheld simply because government doesn't like an applicant's viewpoint.
I'll ask you again: Do you think it would be constitutional for Berkeley to charge Republicans, but not Democrats, to use its Marina or its swimming pools? THat's what they're doing in the Sea Scout case - - they're charging the Sea Scouts, while not charging other nonprofits whose views are more "acceptable" to city hall.
I so want to believe as you do. I'm just holding my breath until I see good results.
It's a disgrace, but it's no surprise. It's California.
(Personally, though, I don't really think that places like Berkeley and San Fransicko are proper places to take children into anyway.)
Before the fee was imposed, he covered the membership and activities costs for teenagers from low-income neighborhoods, something he can no longer afford to do. So while many minority, low-income Sea Scouts members have had to drop out of the popular youth program,
And I thought libs were "for the children."
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.