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Boy Scouts sue Phila. to stay in headquarters
The Philadelphia Inquirer ^ | 5/27/08 | Joseph A. Slobodzian

Posted on 05/27/2008 11:00:52 AM PDT by Dawnsblood

The Boy Scouts of America's Philadelphia chapter has sued the City of Philadelphia in federal court to block the city's May 31 deadline for the scouts to open membership to gays and atheists, or vacate their historic 1928 headquarters off Logan Square. The civil rights lawsuit, filed Friday in federal court in Center City, contends that the city's ultimatum violates the scouts' rights under the U.S. and Pennsylvania Constitutions.

"The City has imposed an unconstitutional condition upon Cradle of Liberty's receipt of a benefit that Cradle of Liberty has enjoyed for nearly eight decades, and that many other organizations that limit members or services to members of a particular group continue to enjoy without punishment or the threat of punishment," the scouts' lawsuit reads.

City Solicitor Shelley R. Smith said the city would respond to the federal lawsuit and would likely file an eviction motion next week.

In the meantime, Smith added, the beginning of litigation would preserve the status quo pending a court ruling. Until that ruling occurs, Smith said, the scouts will be able to continue using the headquarters building.

The suit asks the court to permanently block city officials from attempting to evict the Scouts from their building, which sits on a half-acre of city land at 22d and Winter Streets.

The Cradle of Liberty Council's predicament is one that has faced local scouting councils nationwide since a 2000 U.S. Supreme Court case the scouts won.

The national organization appealed the ruling in a suit filed by an openly gay New Jersey scout barred from serving as a troop leader.

Scouts must swear an oath "to God and my country" and to "obey the Scout Law" that includes keeping oneself "physically strong, mentally awake, and morally straight."

(Excerpt) Read more at philly.com ...


TOPICS: Government; News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: boyscouts; bsa; filthydelphia; homosexualagenda; pa; philly; politicians; scouting; scouts
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Maybe the city ought to give them their building back then. That will solve it.
1 posted on 05/27/2008 11:00:53 AM PDT by Dawnsblood
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To: Dawnsblood

The Boy Scouts ought to have young members in full uniform near City Hall. Every time the Mayor or Solicitor (etc) step outside the office, the Boy Scout should ask “Mr. Mayor, why do you hate Boy Scouts? Are you going to do this to Girl Scouts too???”


2 posted on 05/27/2008 11:04:31 AM PDT by theDentist (Qwerty ergo typo : I type, therefore I misspelll.)
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To: Dawnsblood

The Boy Scouts ought to pass the hat ‘round for their legal bills. I bet there are alot of ex-Scouts like me with ten bucks for a good cause.


3 posted on 05/27/2008 11:04:36 AM PDT by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter

“I bet there are alot of ex-Scouts like me with ten bucks for a good cause.”

Exactly my first thought. Anybody have an address?


4 posted on 05/27/2008 11:10:43 AM PDT by Spok
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To: Dawnsblood

I would like to see the Scouts up the ante and ask for punitive damages. Philadelphia is violating the Scout’s constitutional right to association which the SOTUS already established. Philly officials should go to jail.

Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was a case of the Supreme Court of the United States overturning the New Jersey Supreme Court’s application of the New Jersey public accommodations law, which had forced the Boy Scouts of America (BSA) to readmit assistant Scoutmaster James Dale. When he was a student at Rutgers University, Dale became copresident of the Lesbian/Gay student alliance. Then, in July 1990, he attended a seminar on the health needs of lesbian and gay teenagers. During the seminar he was interviewed, and the work was subsequently published.[1] He was expelled from Scouting after BSA officials read the interview in a local newspaper and Dale was quoted as stating he was gay. [2] The Supreme Court held that the lower court’s decision unconstitutionally violated the rights of BSA, specifically the freedom of association, which allows a private organization to exclude whomever it wishes. The case was argued on April 26, 2000 and was decided on June 28, 2000.


5 posted on 05/27/2008 11:10:45 AM PDT by y6162
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To: Dawnsblood

Shazam! Are we not surprised that the author of the hit piece didn’t bother to mention the circumstances and terms under which the city agreed to rent IN PERPETUITY the location for a dollar per year? Ya, right. What’s a contract to a Democrat?

Hey Enquierer - run your web poll listing why they Scouts are at this location and then see how many people vote to force them out.

Damn putzes.


6 posted on 05/27/2008 11:11:44 AM PDT by VeniVidiVici (Ted Kennedy is the finest collection of hops and barley money can buy)
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To: Dawnsblood

The building belongs to the city. The organization needs a private donor to step up and donate a place for them to use.


7 posted on 05/27/2008 11:12:44 AM PDT by contemplator (Capitalism gets no Rock Concerts)
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To: Dawnsblood
To paraphrase Ann Coulter:

Only liberals think that it is OK to have homosexual men chaparone
pubescent boys on weekend sleep overs.

8 posted on 05/27/2008 11:12:58 AM PDT by Michael.SF. ("They're not Americans. They're liberals! "-- Ann Coulter, May 15, 2008)
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To: Dawnsblood
The legal victory was short-lived as municipal officials nationwide began reexamining longstanding relationships with local scouts. Unlike the scouts, local public officials were bound by another line of Supreme Court opinions that barred taxpayer support for any private group that discriminates.

No local official who takes such an action should ever win re-election outside of certain, select, extremely liberal quarters. The voters of Philadelphia should turn these idiots out on their ears

Other mainstream supporters, such as United Way, also dropped them.

Not one thin dime for the United Way! Not Today! Not Tomorrow! Not EVER!!!

9 posted on 05/27/2008 11:16:36 AM PDT by gridlock (Now that Polar Bears are protected under ESA, where do I go to apply for a permit to breathe?)
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To: contemplator

I thought I remembered that the Scouts built the building.


10 posted on 05/27/2008 11:17:05 AM PDT by doodad
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To: contemplator

I thought I remembered that the Scouts built the building.


11 posted on 05/27/2008 11:17:11 AM PDT by doodad
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To: contemplator
I beg to differ:

In one of the final steps of a long-running attack on the Boy Scouts' Cradle of Liberty Council in Philadelphia, the city council has voted to renege on a 1928 ordinance allowing the Scouts to have their headquarters in a building on a parcel of public land "in perpetuity." Link Here, here or here if you like.

12 posted on 05/27/2008 11:19:04 AM PDT by Dawnsblood
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To: contemplator

The ONLY reason it belongs to the city to begin with is because the scouts gave it to the city in return for the $1 a year rent in perpetuity.


13 posted on 05/27/2008 11:20:30 AM PDT by SengirV
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To: contemplator
The building belongs to the city.

The building was built the Boy Scouts.

Only the dirt belongs to the city.


14 posted on 05/27/2008 11:23:49 AM PDT by Uriel-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: doodad

I’m guessing that there is a little more to this story. Since they are renting the building, they dont pay property taxes. I’m wondering what the surrounding property values are and how much those buildings generate in taxes each year. This sounds to me like a classic case of politicians and businessmen attempting to evict a tenant in order to generate more money. But hey, I’m a cynic and tend to think that when you peel away the layers most things are ultimately about money.


15 posted on 05/27/2008 11:25:21 AM PDT by contemplator (Capitalism gets no Rock Concerts)
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To: XeniaSt
The building was built by the Boy Scouts.

16 posted on 05/27/2008 11:25:56 AM PDT by Uriel-2012 (you shall know that I, YHvH, your Savior, and your Redeemer, am the Elohim of Ya'aqob. Isaiah 60:16)
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To: contemplator

Please take the time to learn the subject BEFORE you post.
The Boy Scouts built and PAID for this Building, totally 100%. They then deeded it over to the City in an agreement where they were granted a Lease in Perpetuity of the Entire Building for their Exclusive use for $1.00 per year. The Cit y is trying to steal it back under the guise of gay rights. Let me know where I can Donate! and shove Mayor NUTCASE into the Philly Zoo!


17 posted on 05/27/2008 11:30:46 AM PDT by True Republican Patriot (God Bless America and The Republicans)
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To: Michael.SF.

To go a step further, the Liberals will find that it is fine to have Serial Rapists become Girl Scout Leaders and lead the Campouts. Why shouldn’t the Rapists be gien another chance is the Liberal mindset.GOD BLESS THE BOY SCOUTS and The GIRL SCOUTS and KEEP THEM CLEAN AND MORAL! something Liberals CANT STAND OR DIGEST!


18 posted on 05/27/2008 11:37:38 AM PDT by True Republican Patriot (God Bless America and The Republicans)
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To: contemplator

You are partly right, the City is sing a Fair Rent argumen of $200,000 per year, but that is a cover for their gay rights agenda. Put a convicted gay pedophile on the Roster, and the City will be “Happy.”


19 posted on 05/27/2008 11:43:54 AM PDT by True Republican Patriot (God Bless America and The Republicans)
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To: True Republican Patriot
Please take the time to learn the subject BEFORE you post.

Get a grip.

My statement was correct. Regardless of who built it or what the reasons were for signing it over to the city at the time, the fact remains that the city currently owns the building. I'd hope that the group has a lawyer who will file a suit arguing that if the city attempts to change the terms of the original agreement then the property ownership should revert back to the BSA without being charged back taxes. This way, if they cant afford the taxes and insurance from that point forward then they could sell the property and purchase something in a lower tax area.

People who enter into agreements with municipal governments or even federal governments expecting that those agreements will be in effect in perpetuity are deluded. One only has to look at the history of treaties signed by goverments or at ever changing imminent domain laws to see that such agreements only last as long as they are politically expedient. I agree with your assessment though, these politicians should have to reconcile their actions with the voters. I'd love to see them tossed out of office.
20 posted on 05/27/2008 11:48:22 AM PDT by contemplator (Capitalism gets no Rock Concerts)
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