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Berkeley Sea Scout Case Appealed to United States Supreme Court
Pacific Legal Foundation ^ | July 11 2006 | Pacific Legal Foundation

Posted on 07/11/2006 3:10:05 PM PDT by freedomdefender

Pacific Legal Foundation announced today that it has appealed to the United States Supreme Court to review and reverse the California Supreme Court’s decision allowing the City of Berkeley to discriminate against the Berkeley Sea Scouts, because of their affiliation with the Boy Scouts of America.

Berkeley operates a program for community-oriented nonprofit organizations that allows them free use of the Berkeley Marina. However, Berkeley prohibits the Berkeley Sea Scouts from participating in this program, because the Sea Scouts are affiliated with the Boy Scouts of America and Berkeley officials hold ideological objections to the values and membership policies of the Boy Scouts of America. Berkeley has never identified a single exclusionary act by the Sea Scouts; it is barring them from the program for nonprofits solely because of their ties with the Boy Scouts.

In a March decision, the California Supreme Court upheld Berkeley’s policy of denying the Sea Scouts access to the berthing program for nonprofits.

Representing the skipper of the Berkeley Sea Scout program, Pacific Legal Foundation attorneys have appealed the California Supreme Court’s ruling to the United States Supreme Court.

"Berkeley is penalizing the Sea Scouts for exercising their First Amendment right of association in ways that city officials don’t like," said PLF attorney, Harold Johnson, co-counsel in the case. "May government punish you, or fine you, or subject you to second class treatment if you don’t pass a politically correct litmus test? That’s the question raised by this case. It’s a question that deserves to be heard by the United States Supreme Court."

The Berkeley Sea Scouts is a multi-ethnic group whose members come from all economic backgrounds. Berkeley’s exclusion of the Sea Scouts has imposed financial hardships on the organization. The monthly berth fee of more than $500 that the Sea Scouts must pay has led to cutbacks in programs and less financial assistance available for kids from poor families.

"The bottom line is that Berkeley officials are punishing the kids that participate in the Sea Scouts to make a political statement, and that’s a real tragedy," Johnson said.

For 50 years, the Sea Scouts have taught Bay Area kids to sail, and learn carpentry and plumbing by working on the Scouts’ ship in the Berkeley Marina. Like other local nonprofits, Berkeley allowed the group to berth at the marina for free. But in 1998, Berkeley officials demanded the group sever its affiliation with the Boy Scouts. Berkeley officials were retaliating against the Boy Scouts because of the BSA’s traditional values and membership policies—even though those policies are protected by the First Amendment, according to the United States Supreme Court.

When the Sea Scouts declined to sign a statement of policy that would have had the effect of ending their lifelong relationship with the Boy Scouts, Berkeley halted its half-century tradition of granting the Sea Scouts a free berth and began charging the group a $500 a month fee.

As things stand, while some minority, low-income Sea Scouts members have had to drop out of the popular youth program because its finances are strapped, free berthing has been allowed for other groups, including the Berkeley Yacht Club, the Cal Sailing Club, and the Nautilus Institute.

PLF attorneys argued to the state Supreme Court that Berkeley’s fee amounts to fining the Sea Scouts for exercising First Amendment freedoms, specifically the Sea Scouts’ right to associate with the Boy Scouts of America. As Justice Roger Traynor of the California Supreme Court wrote in a famous freedom-of-expression case (Danskin v. San Diego Unified School District (1946)), once government creates a program or facility for the public, "it cannot demand tickets of admission in the form of convictions and affiliations that it deems acceptable."

"Although enunciated in a state court case, the principle voiced by Traynor is consistent with the United States Supreme Court’s cases defending First Amendment rights," said PLF’s Johnson. "For this reason, we hope that the High Court will accept the case and right the wrong being done to the Berkeley Sea Scouts."


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; US: California
KEYWORDS: berkeley; boyscouts; bsa; homosexualagenda; seascouts

1 posted on 07/11/2006 3:10:07 PM PDT by freedomdefender
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To: freedomdefender

Berkeley California, wish it could be plucked up and dropped and added to the shore of Cuba


2 posted on 07/11/2006 3:15:28 PM PDT by rovenstinez (,)
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To: freedomdefender

Click on image for BSA's legal site


3 posted on 07/11/2006 3:16:01 PM PDT by bnelson44 (Proud parent of a tanker! (Charlie Mike, son))
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To: freedomdefender

Let's hope they win! Berkeley is such a rotten liberal *&^%hole, and like all liberal-run cities, takes out their twisted frustrations on little kids' organizations who don't like queers.


4 posted on 07/11/2006 3:16:47 PM PDT by EagleUSA
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To: freedomdefender

Lets hope the US Supreme Court show more commonsense that the California Supremes.

To allow homosexuals to be counsilors to young boys is just plain nuts and invites sexual affairs with the kids. Of course ebtry into the boy scouts is a homosexual pedophiles dream and it would seem Berkely is all for it.


5 posted on 07/11/2006 3:16:54 PM PDT by sgtbono2002 (The fourth estate is a fifth column.)
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To: freedomdefender

It's so much better for these kids to roam the streets and get into trouble. [/sarcasm]


6 posted on 07/11/2006 3:23:48 PM PDT by PsyOp (A nation can survive its fools…. But it cannot survive treason from within. – Cicero.)
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To: freedomdefender

Beserkeley won't tolerate people who are trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent.


7 posted on 07/11/2006 3:59:00 PM PDT by SmithL (The fact that they can't find Hoffa is proof that he never existed.)
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To: freedomdefender; RonF; AppauledAtAppeasementConservat; Looking for Diogenes; ...

Soon to be another win in the Scout Column.


8 posted on 07/11/2006 4:16:40 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: rovenstinez
As y'all might expect, Ol' Congressman Billybob is involved in this case, through an amicus brief on behalf of the Sea Scouts, that will be filed within 30 days. There is a chance that the current US Supreme Court will reverse this case, since it obviously violates the Court's own decision in BSA v. DALE.

The Dale case upheld, but only by a 5-4 vote, that the Scouts had a First Amendment right, "freedom of association," not to allow homosexuals to be adult leaders.

John / Billybob

9 posted on 07/11/2006 4:32:32 PM PDT by Congressman Billybob (http://www.ArmorforCongress.com)
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To: freedomdefender
What's the bag limit on Berkley city officials?
10 posted on 07/11/2006 4:48:45 PM PDT by ROLF of the HILL COUNTRY ( Terrorism is a symptom, ISLAM IS THE DISEASE!)
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To: Congressman Billybob

Who were the justices on each side? Any possibility of a change to 6-3 (e.g. O'Connor)?


11 posted on 07/11/2006 7:18:02 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: freedomdefender

Sea Scouts are a great group. If you have preteen-teens who like sailing and/or would like to learn seamanship I strongly advise you sign them up for sea scouts. Have fun and piss off a liberal. What more could anyone ask for?


12 posted on 07/11/2006 10:23:59 PM PDT by lastchance (Hug your babies.)
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To: freedomdefender

Bezerkely being well......BEZERKELY.


13 posted on 07/11/2006 10:25:44 PM PDT by OKIEDOC (Speak Softly and Carry A Big Stick)
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To: freedomdefender; AFA-Michigan; Abathar; AggieCPA; Agitate; AliVeritas; AllTheRage; ...
Homosexual Agenda Ping!

If you oppose the homosexualization of society
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To be included in or removed from the
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please FReepMail either DBeers or DirtyHarryY2k.

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Pacific Legal Foundation announced today that it has appealed to the United States Supreme Court to review and reverse the California Supreme Court’s decision allowing the City of Berkeley to discriminate against the Berkeley Sea Scouts, because of their affiliation with the Boy Scouts of America.

14 posted on 07/12/2006 10:50:30 AM PDT by DBeers (†)
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To: SmithL
"Beserkeley won't tolerate people who are trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent."

Fully half of those traits are felonies in Berkeley.
15 posted on 07/12/2006 10:56:07 AM PDT by LIConFem (It is by will alone I set my mind in motion...)
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To: ROLF of the HILL COUNTRY; freedomdefender

<< What's the bag limit on Berkley city officials? >>

I hear it's Open Season.


16 posted on 07/12/2006 11:17:58 AM PDT by Brian Allen (And as for me -- Give me Liberty -- or give me death!)
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To: freedomdefender

How many times do the Scouts have to take this SAME ISSUE to the SC???


17 posted on 07/12/2006 12:09:10 PM PDT by gidget7 (PC is the huge rock, behind which lies hide!)
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To: Congressman Billybob

Go Congressman BillyBob!!!


18 posted on 07/12/2006 12:10:49 PM PDT by gidget7 (PC is the huge rock, behind which lies hide!)
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To: freedomdefender

The city of Berkeley has a decades-long history of social activism which simply gets worse with time. The late SF Chron columnist Herb Caen, no conservative he, made Berkeley a national laughingstock in the early '70s when he reported the city council had on its meeting agenda a plan to allocate a certain percentage of spaces in the city marina to "low income boat owners." Berkeley and San Francisco are socalist petri dishes for the rest of the nation to observe.


19 posted on 07/12/2006 12:55:38 PM PDT by kilowhskey (Land of the free, because of the brave.)
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To: lastchance
Ah, pre-teens would not be eligible to join the Sea Scouts. The Sea Scouts are a branch of the BSA's Venturing program. Venturing is open to young men and women from age 14 (or upon their graduation from 8th grade) up until their 21st birthday. A Venturing unit is normally called a Venture Crew, but in the Sea Scouts it is called a Ship.

Venturing is one of the BSA's "traditional" programs. There is a Venturing Oath:

As a Venturer, I promise to do my duty to God and help strengthen America, to help others, and to seek truth, fairness, and adventure in our world.

And a code:

As a Venturer, I believe that America's strength lies in our trust in God and in the courage, strength, and traditions of our people.

I will, therefore, be faithful in my religious duties and will maintain a personal sense of honor in my own life.

I will treasure my American heritage and will do all I can to preserve and enrich it.

I will recognize the dignity and worth of all humanity and will use fair play and goodwill in my daily life.

I will acquire the Venturing attitude that seeks truth in all things and adventure on the frontiers of our changing world

Venturing has the same membership standards as the Cub Scouts and the Boy Scouts (except for the membership ages and the fact that Venturing is co-ed). If you would like to know more about Venturing, and see if there is a Ship or Crew in your area, start here

20 posted on 07/12/2006 1:09:46 PM PDT by RonF
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To: RonF

You are right. I was actually thinking of young teens. I don't know why I wrote preteens. My son and daughter were very involved with sea scouts and my hubby also participated. They had some great times.


21 posted on 07/12/2006 2:15:53 PM PDT by lastchance (Hug your babies.)
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To: RonF

You are right. I was actually thinking of young teens. I don't know why I wrote preteens. My son and daughter were very involved with sea scouts and my hubby also participated. They had some great times.


22 posted on 07/12/2006 2:16:45 PM PDT by lastchance (Hug your babies.)
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