Posted on 11/21/2002 9:54:04 PM PST by chance33_98
City and Scouts square off over gay rights
By David Scharfenberg Daily Planet Staff (11-21-02)
Lawyers for the city of Berkeley and leaders of the Berkeley Sea Scouts will square off in a San Francisco courthouse today over gay rights and berths at the Berkeley Marina.
The Sea Scouts organization, affiliated with the Boy Scouts of America, paid nothing to dock its boats at the Marina for more than 50 years, until the city began charging the group a fee in 1998 because it failed to disown the Boy Scouts’ anti-gay policies.
Sea Scouts leaders filed suit against the city in 1999, alleging a violation of the group’s free speech rights. But the Alameda County Superior Court rejected the claim in June 2001 and turned down a similar, amended complaint five months later.
Superior Court Judge James Richman ruled, at the time, that “public entities may condition public subsidies...upon the recipient’s compliance with state and local laws that prohibit discriminatory membership policies.”
The plaintiffs have appealed Richman’s decision and both sides will make arguments today in the California Court of Appeal in San Francisco.
Harold Johnson, a lawyer with the conservative Pacific Legal Foundation arguing on behalf of the Sea Scouts, said the group submitted a letter to the city in 1998 stating that it would abide by Berkeley’s non-discrimination policy.
Deputy City Attorney Laura McKinney called the argument “extremely disingenuous.” She said the Sea Scouts’ April 8, 1998 letter stated that the group would not discriminate on the basis of factors like race and gender, but excluded sexual orientation – a category included in the Berkeley anti-discrimination ordinance.
The letter also stated that the Sea Scouts never inquire about members’ sexual orientation.
But McKinney said a “don’t ask, don’t tell” policy is in violation of the city ordinance.
Johnson also said the city wanted the Sea Scouts to lobby the Boy Scouts to change its anti-gay policies, in effect compelling a specific kind of speech.
Johnson said Berkeley cannot require the group to be “proselytizers and crusaders for a certain city-appointed message.”
McKinney dismissed the charge. She said the Waterfront Commission, an advisory group to the City Council, recommended that the Sea Scouts keep the free berths and suggested that the group engage in a dialogue with the Boy Scouts about their anti-gay policies.
She said the recommendations of the Waterfront Commission do not amount to the actions of the city government – which rejected the call for free berths – and suggested that requesting dialogue is not the same thing as compelling speech.
McKinney said nothing is a sure bet in the courts, but expressed confidence in a victory.
“I do feel our case is very strong,” she said.
McKinney expects a decision from the appellate court within 60 days.
The Sea Scouts currently dock one boat in the Marina for $516 per month, according to the city.
Contact reporter at scharfenberg@berkeleydailyplanet.net
McKinney dismissed the charge. She said the Waterfront Commission, an advisory group to the City Council, recommended that the Sea Scouts keep the free berths and suggested that the group engage in a dialogue with the Boy Scouts about their anti-gay policies.
They don't have to let them use the berth for free if they don't want to, and we don't have to put up with the crap from Berkeley city council freaks trying to force us to follow their beliefs (religion and belief are the same thing IMHO, both being something subject to the individual's own interpretation of life - which is why I have always said we need to rewrite the 1st amendment and replace the word religion with belief)
Perhaps something easier to explain it for you would be to state it like an election, or a football game. When we say 'we' won the election it does not mean each of us was running for office, it was our ideals that were elected. And in football one can say 'we' won the game when all you did was sit at home and watch, the 'we' refers to the fans getting the result they wanted.
Thanks. Next up I will try to get NOW to elect a male president for their organization and the NAACP to elect a white president. It is sexist and racist if they don't. Then I will make sure the local city council passes resolutions condemning them if they don't allow KKK members to be on the naacp board....
Probably a waste of time no matter what the situation is - they have historically allowed them to use it then change their mind because the group won't re-define their beliefs for them. They have a right to do it, not protesting that, but bullying an organization that has been a positive influence in the life of so many children for decades warrants at least a letter of disapproval.
Besides, Berkeley is the place that passes resolutions on a regular basis against things like us protecting ourselves from terrorists - they protest anything and everything at a whim, so they will probably welcome it with open arms.
Your right, people should just shut up and do what the government tells them to do. If Abortion is outlawed in Ohio I am sure people in California will just shrug and say 'who cares?' - I will go quietly and let government do it's important job of protecting us from the evil scouts who kill babies and such.
Gay groups can have gay leaders (or not if they want to) and members, same with women's groups, etc - we don't need the government forcing or coercing groups into changing their core beliefs to please them.
Had this been a new group with no history with the city I would be more understanding, you come in and play on their turf - their individual city has it's own unique culture. But this group was there long before the changes came about and shame on the council for trying to force them to change - The kicker is they are saying "Give in to our demands and we will keep it free, or else..." if they simply said "No more free rides no matter what" it might be more understandable, but they are using the situation to beat them into submission. Pathetic.
I wonder if I am correct in interpreting that this means that the Sea Scouts must ask about members' sexual orientation.
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