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Boy Scouts Win Eviction Suit Against Philadelphia
Philadelphia Legal Intelligencer

Posted on 06/23/2010 4:56:26 PM PDT by Williams

"A federal jury on Wednesday declared that the city of Philadelphia had violated the First Amendment rights of the local chapter of the Boy Scouts of America by moving to evict it from its city-owned headquarters if it refused to repudiate the anti-gay policies of the scouts' national parent group.

In its verdict, the jury of six women and two men found that the city had imposed an "unconstitutional condition" on the scouts and declared that it was not "reasonable" to do so."


TOPICS: News/Current Events; US: Pennsylvania
KEYWORDS: boyscouts; bsa; cradleofliberty; eviction; excludinggays; homosexualagenda; lawsuit; philadelphia; ruling; tlhfckoctbcr
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The above is from the Legal Intelligencer I excerpted out of caution. Boy Scouts will be able to petition for their legal fees, estimated at $860,000.
1 posted on 06/23/2010 4:56:28 PM PDT by Williams
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To: Williams

Here’s a link that should show at least the headline:

http://www.law.com/jsp/pa/index.jsp


2 posted on 06/23/2010 5:03:01 PM PDT by Williams
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To: Williams

Outstanding!!!!!!!


3 posted on 06/23/2010 5:03:13 PM PDT by LiteKeeper ("It's the peoples' seat!")
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To: Williams; Tribune7; TAdams8591; WhyisaTexasgirlinPA; wireman; Mr. Binnacle; brityank; JrsyJack; ...
**** Philly Metro/Delaware Valley Ping ****


4 posted on 06/23/2010 5:03:18 PM PDT by Kid Shelleen (Keep your socialized health care off my body !!)
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To: Williams; RonF; AppauledAtAppeasementConservat; Looking for Diogenes; Congressman Billybob; ...


Scout Ping

5 posted on 06/23/2010 5:04:46 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: Williams

Hot dog!

This makes my day. Thanks for posting.


6 posted on 06/23/2010 5:05:09 PM PDT by kidd
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To: Williams

Excellent news!


7 posted on 06/23/2010 5:07:30 PM PDT by Myrddin
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To: Williams

Hey...the Good Guys win one in court for a change.

This is possibly the best news I’ve read in months.


8 posted on 06/23/2010 5:07:37 PM PDT by padre35 (You shall not ignore the laws of God, the Market, the Jungle, and Reciprocity Rm10.10)
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To: Williams

Until Monday, 6/21/2010, I worked for a local BSA Council. They are all hurting.
I was laid off because simply there is no money left to pay staff with. I worked with personal information on all volunteers. They cannot farm my job out I needed to be bonded.

The remaining staff all took a 6% pay cut as well. I have been crying for two days.

The BSA is taking a huge toll on their belief system that protects the youth members.


9 posted on 06/23/2010 5:10:06 PM PDT by television is just wrong
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To: Williams; SandRat

Yyyyeesss!!!

Makes an Eagle Scout Mom happy.


10 posted on 06/23/2010 5:14:00 PM PDT by notpoliticallycorewrecked (According to the MSM, I'm a fringe sitting, pajama wearing, Freeper)
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To: television is just wrong

Look at the money the City of Philadelphia wasted trying to persecute a group as noble as the Boy Scouts! The BSA could have put that money to such better use.

Mind you, the Philadelphia Boy Scout group agreed not to discriminate against gays and the City tried to evict them just because they wouldn’t also repudiate the national organization.


11 posted on 06/23/2010 5:15:02 PM PDT by Williams
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To: Williams

Sanity !


12 posted on 06/23/2010 5:18:08 PM PDT by Eric in the Ozarks (Impeachment !)
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To: Williams

Good


13 posted on 06/23/2010 5:20:54 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: SandRat

Sweet! Chalk up one for the good guys!


14 posted on 06/23/2010 5:22:36 PM PDT by aliquando (A Scout is T, L, H, F, C, K, O, C, T, B, C, and R.)
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To: Williams

That is GREAT news!! Thank God!


15 posted on 06/23/2010 5:22:39 PM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: SandRat
found that the city had imposed an "unconstitutional condition" on the scouts and declared that it was not "reasonable" to do so."

Duh!!...Common Sense prevails, let the pervs start their own queer scouts bath-house.

16 posted on 06/23/2010 5:25:32 PM PDT by PROCON (Liberal: Proof you can fool some of the people all of the time.)
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To: Williams; Irisshlass; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of general interest.

17 posted on 06/23/2010 5:26:00 PM PDT by narses ( 'Prefer nothing to the love of Christ.')
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To: Williams

Rather than mourn the Court’s decision, Liberals every where should be celebrating the protection of diversity represented by this decision.


18 posted on 06/23/2010 5:28:06 PM PDT by YHAOS (you betcha!)
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To: Williams
In Philadelphia no less, the "City of Brotherly Love Sodomy"
19 posted on 06/23/2010 5:30:40 PM PDT by King Moonracer (Bad lighting and cheap fabric, that's how you sell clothing.....)
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To: Williams

Sanity prevails!


20 posted on 06/23/2010 5:32:44 PM PDT by smokingfrog ( - Eccl. 10:18 -)
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To: smokingfrog

Jury: Philly can’t evict scouts for no-gays rule
By MARYCLAIRE DALE (AP) – 2 hours ago
PHILADELPHIA — The city of Philadelphia cannot evict a local Boy Scouts chapter from a city-owned building for refusing to admit gays, a federal jury ruled Wednesday.
The city had insisted that nonprofits given free use of its property must abide by local anti-discrimination laws, which include equal protection for gays. But the jury found the city’s reason violated the local scout council’s First Amendment rights.
“We do hope that eventually national (Boy Scouts of America) will change its minds. But at this point, the Cradle of Liberty (Council) is still obligated to follow its policy,” said foreman Merrill Arbogast, 40, of Reinholds, a trucker and former Eagle Scout.
In their lawsuit, the scouts had sought an injunction barring the city from evicting them, or charging $200,000 a year in rent, on their stately Beaux Arts headquarters building.
While the verdict gives weight to their request, the judge did not immediately issue the ban. Instead, he told jurors the city’s anti-discrimination policy is “principled” and said he hoped the two “honorable institutions” could work something out.
“The city defended this suit in a very principled way, in an area of the law that is highly nuanced — Constitutional Law — and highly unpredictable,” U.S. District Judge Ronald L. Buckwalter told jurors after the verdict.
In his view, he said, the city can still terminate the lease under the 1928 agreement, which was designed to give nonprofits free rent if they maintained the sites. However, the city must terminate the lease for a legally permissible reason, not because of an organization’s views.
“From now on, the Boy Scouts will be negotiating from a position of strength,” said lawyer Jason Gosselin, who represents the scouts. “The city can’t come in and impose its views on what the scouts ought to do.”
He hopes negotiations with the city will resume. The city was reviewing its legal options.
“While the good work of the Boy Scouts cannot be disputed, the city remains steadfast in its commitment to prevent its facilities from being used to disadvantage certain groups,” the city said in a statement.
The eight-day trial followed a decade of sometimes heated discussions stemming from a 2000 Supreme Court decision that said the Boy Scouts, as a private group, can exclude gays from membership. Some public and private donors around the country withdrew support.
In Philadelphia, the Cradle of Liberty Council tried to walk a fine line between appeasing the city, the United Way and other supporters and the Irving, Texas-based Boy Scouts of America.
In 2003, it enacted its own nondiscrimination policy but was forced to retrench when the Boy Scouts of America ordered it to conform with national rules. The chapter later enacted a statement that says it doesn’t tolerate illegal discrimination.
“We felt that they were between a rock and a hard place,” said Arbogast, the jury foreman.
There has been just one known case of a gay scout being ousted from the Philadelphia chapter, although the city argued that many more may be scared off by the national policy.
Greg Lattera, 25, testified that scouting meant the world to him as an inner-city child. He said he did not intend to become a flag bearer for gay rights when he spoke about being gay while wearing his scout uniform in a TV news interview.
“We felt he was used, a pawn for certain groups’ agenda,” Arbogast said.


21 posted on 06/23/2010 5:44:23 PM PDT by narses ( 'Prefer nothing to the love of Christ.')
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To: Williams

Two good stories today: the Scouts. And Gore revealed for what he really is.


22 posted on 06/23/2010 5:48:36 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: Williams

Oh happy day!

The good guys win one.

My thanks to the jurors for doing the right thing.


23 posted on 06/23/2010 6:06:34 PM PDT by SZonian (We began as a REPUBLIC, a nation of laws. We became a DEMOCRACY, majority rules. Next step is?)
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To: Williams

This is awesome news!

Now we need a miracle ruling in CA to uphold the rule of law and the will of the people.

The gay agenda (e.g. the destruction of the American family) is NOT an inevitability!


24 posted on 06/23/2010 6:13:12 PM PDT by TruthHound ("He who does not punish evil commands it to be done." --Leonardo da Vinci)
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To: Lil'freeper

WooHoo for the Boy Scouts in Philly!


25 posted on 06/23/2010 6:38:36 PM PDT by SuziQ
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To: Williams

26 posted on 06/23/2010 7:29:48 PM PDT by massmike (...So this is what happens when OJ's jury elects the president....)
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To: SandRat

BTTT


27 posted on 06/23/2010 8:45:39 PM PDT by SmithL
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To: television is just wrong
"Until Monday, 6/21/2010, I worked for a local BSA Council. They are all hurting."

I'm so sorry to hear about your job. We're with Cradle of Liberty Council (subject of the lawsuit), and it has been hurting for years as well. I learned a few weeks ago that they'd let go the registrar who had been very helpful to me. They just don't have the money.

We closed Treasure Island camp, which was the oldest continually operated Boy Scout camp in America, and the camp at which the Order of the Arrow was founded. It was forced to close to campers in 2009. The damage from two horrible floods combined with a need for expensive upgrading were too much for our council to support. My sons spent a week at Treasure Island in 2007, and they loved it. I wish they could return to the Unami Lodge and their special island in the Delaware. I fear that we'll be closing some other camps. They are in poor condition, and we can't afford to bring them up to snuff. The debacle over our Philadelphia offices was the last thing we needed. Losing support from the United Way was a big hit a few years ago, and then this. I'm delighted that the lawsuit has gone our way - finally something positive.

Despite the tough finances, our council and our troop do an excellent job of guiding our boys. We have very willing volunteers and really terrific boys. It's a joy to be with them. When our sons go off to college, I suspect we'll continue to volunteer with the troop. Many of our parents have done so - it's like family.

28 posted on 06/23/2010 8:55:10 PM PDT by Think free or die
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To: Williams

Excellent!
Thanks for posting this.


29 posted on 06/23/2010 8:59:33 PM PDT by Lancey Howard
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To: narses
You mean the Boy Scouts don't want homosexual Scout leaders taking little boys off into the woods, but the city of Philadelphia insists that such activities must be fully sanctioned?


30 posted on 06/23/2010 9:07:03 PM PDT by Lancey Howard
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To: Think free or die

When I was a Scout (’60s) we regularly went to Ockanickon.
Do the Scouts still have a camp there?


31 posted on 06/23/2010 9:23:23 PM PDT by Lancey Howard
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To: Williams

P R A I S E G O D ! ! ! ! ! !


32 posted on 06/23/2010 9:23:23 PM PDT by fwdude
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To: Williams; 185JHP; AFA-Michigan; Abathar; Agitate; Albion Wilde; AliVeritas; Antoninus; ...
Homosexual Agenda Ping

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda ping list.

Be sure to click the FreeRepublic homosexual agenda keyword search link for a list of all related articles. We don't ping you to all related articles so be sure to click the previous link to see the latest articles.

Add keywords homosexual agenda to flag FR articles to this ping list.

Good news. I can't believe - good news! There are rational, moral people in the world. May more and more of them speak out, stand up, and run for office!

33 posted on 06/23/2010 9:36:40 PM PDT by little jeremiah
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To: Williams
[...] just because they wouldn’t also repudiate the national organization.

They did say they disagreed with National, though.

34 posted on 06/23/2010 10:15:40 PM PDT by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Williams

So glad for the Scouts! Proud mom of a Tenderfoot.


35 posted on 06/23/2010 10:19:42 PM PDT by kimmie7 (THE CROSS - Today, Tomorrow and Always!)
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To: Williams

Damn!!! I can’t believe it.

Maybe I should take Philly off my ***** list?

Naww. Nevermind


36 posted on 06/24/2010 4:20:14 AM PDT by bert (K.E. N.P. +12 Republicans punish truth while the 'Rats reward liars)
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To: fwdude
"When I was a Scout (’60s) we regularly went to Ockanickon. Do the Scouts still have a camp there? "

Yes Ockanickon is operating and in good shape. Resica Falls likewise. The Cub Scout's Camp Garrison looks safe, at least for now. The greatest threat now is to Camps Delmont and Hart, both up at Musser Scout Reservation.

I think part of what we fight is the urban/suburban divide. Historically, the Valley Forge Council was in good shape and well run. The Philadelphia Council was not as healthy, and had less financial support from its urban base. When the two were merged to create the Cradle of Liberty Council, the financial resources had to stretch further. With the hits from the United Way and then the problems with the city of Philadelphia, it's been more challenging.

If anyone ever needed the Boy Scouts and their programs of leadership, personal growth, faith, and service, it's urban youth and families. Unfortunately, that message is lost on Philadelphia's leadership.

37 posted on 06/24/2010 8:18:20 AM PDT by Think free or die
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To: Williams

all right! some justice for the Boy Scouts!


38 posted on 06/24/2010 8:21:39 AM PDT by tioga
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To: Think free or die
If anyone ever needed the Boy Scouts and their programs of leadership, personal growth, faith, and service, it's urban youth and families. Unfortunately, that message is lost on Philadelphia's leadership.

Philadelphia's answer is to have young boys selling bean pies at the corner of Broad and Ridge.

39 posted on 06/24/2010 8:23:12 AM PDT by Stentor
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To: television is just wrong
The left is attacking the BSA for more than it's stance on gay leaders because it doesn't make any sense to force them to allow gay leaders and to sue them for the few molesters that slipped by.

It's the same issue that I was discussing elsewhere with the schools. BSA teaches boys to reach for their highest potential to set goals and achieve them, to rise above the mediocre. BSA also fosters RESPECT, respect for oneself, each other, parents, teachers, and authority figures. That is completely county to the culture of victimhood and self-esteem.

40 posted on 06/24/2010 8:33:39 AM PDT by Eva (Aand)
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To: Williams

This reminds me of the time philly tried to sue Geno’s steaks over their “speak English” sign.


41 posted on 06/24/2010 8:42:11 AM PDT by new cruelty
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To: Stentor

What’s up with that? I see guys in suits selling pies off of Broad street all the time.


42 posted on 06/24/2010 8:43:23 AM PDT by new cruelty
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To: Williams

One problem I see with this: it is the taxpayers who will pay the court costs of almost $1M, while the preening wankers who instituted the suit talk about how good and noble their intentions were...


43 posted on 06/24/2010 9:22:12 AM PDT by bt_dooftlook (ACORN = Another Communist-Overrun Rats-Nest)
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To: 17th Miss Regt; 2001convSVT; 2banana; 3catsanadog; 50sDad; Abby4116; abercrombie_guy_38; ...

Hallelujah ping! Discrimination by any other name is still discrimination — in this case, against people who hold traditional moral values.


44 posted on 06/24/2010 9:24:06 AM PDT by Albion Wilde (" 'Bush did it' is not a foreign policy." -- Victor Davis Hanson)
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To: new cruelty; Stentor

Bow ties plus bean pies = Nation of Islam. Their founder Elijah Muhammed had been a fan of bean pies from his youth in South Carolina (I think), and made them the official dessert of the NOI.


45 posted on 06/24/2010 9:30:18 AM PDT by Clemenza (Remember our Korean War Veterans)
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To: kimmie7
The first tentative steps in climbing the trail to Eagle.
46 posted on 06/24/2010 9:35:08 AM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: Albion Wilde

Praise God from whom all blessings flow.


47 posted on 06/24/2010 9:35:08 AM PDT by Mrs. Don-o (Praise Him all creatures here below.)
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To: SandRat

GREAT NEWS!!!!


48 posted on 06/24/2010 9:35:40 AM PDT by stephenjohnbanker (Support our Troops, and vote out the RINOS!)
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To: Mrs. Don-o

Amen!!!


49 posted on 06/24/2010 9:35:56 AM PDT by Albion Wilde (" 'Bush did it' is not a foreign policy." -- Victor Davis Hanson)
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To: Albion Wilde

Good news.


50 posted on 06/24/2010 9:50:36 AM PDT by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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