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.
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.