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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."
Berkeley California, wish it could be plucked up and dropped and added to the shore of Cuba
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.
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.
It's so much better for these kids to roam the streets and get into trouble. [/sarcasm]
Beserkeley won't tolerate people who are trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent.
Soon to be another win in the Scout Column.
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
Who were the justices on each side? Any possibility of a change to 6-3 (e.g. O'Connor)?
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?
Bezerkely being well......BEZERKELY.
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.
<< What's the bag limit on Berkley city officials? >>
I hear it's Open Season.
How many times do the Scouts have to take this SAME ISSUE to the SC???
Go Congressman BillyBob!!!
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.
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
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