05/28/2008
Bigot Boy Scouts Sue Philadelphia Over Rent Increase
You may remember back in December I posted that the Boy Scouts would be evicted on June 1st from the Philadelphia building they've been renting for $1 a year since 1928 because the city is forcing them to abide by its non-discrimination policies and the Boy Scouts continue to refuse to open up their membership to gays.
Well, the Scouts aren't having it and they've filed a lawsuit against the city to avoid paying the $200,000-a-year rent the city will soon begin charging them to occupy the landmark property:
"The federal suit filed Friday accuses the city of censorship for targeting the Scouts but maintaining free or nominal leases with other groups that limit membership, such as Baptist and Roman Catholic church groups and The Colonial Dames of America. The U.S. Supreme Court ruled in 2000 that the Boy Scouts, as a private group, have a First Amendment right to bar gays. But the policy has had consequences, with municipalities, charities and donors withholding support. 'We will not allow discrimination in providing services on city property,' Philadelphia Mayor Michael Nutter said Tuesday. A 1982 city ordinance bans discrimination based on sexual orientation and other grounds. 'We're not punishing them for not admitting homosexuals,' City Solicitor Shelley Smith said. 'But they can't get free rent and violate our policy.' Smith said the city was unaware of any discrimination by other groups with city-subsidized space, but that it would investigate any complaints."
Previously
Philadelphia Boy Scouts Evicted Over Anti-Gay Bigotry [tr]
Posted 10:55 AM EST by Andy in Boy Scouts, News, Philadelphia | Permalink
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Join the Girl Scouts. They don't discriminate and the cookies are delicious.
Posted by: John in Manhattan | May 28, 2008 10:59:20 AM
Well, HEY there! The Roman Catholic Church would LOVE to have boy scouts! Perhaps that church group could sponsor them?
Posted by: Rad | May 28, 2008 11:38:01 AM
If it wasn't for Boy Scout campouts, I 'might' still be straight.
Posted by: kansastock | May 28, 2008 11:55:48 AM
The boy scouts are provided with public space at free and subsidized rates throughout the country. The few cases where they've been called to account are the tip of the iceberg.
They should not receive this public largesse and its about time they were charged for their "private" status.
I don't think public officials perceive going after the boy scouts as smart politics, but its the right thing to do in light of the Supreme Court decision.
Posted by: JJ | May 28, 2008 11:57:50 AM
Pay up like everyone else, bigot scouts.
Posted by: Wes | May 28, 2008 12:13:27 PM
"The federal suit filed Friday accuses the city of censorship for targeting the Scouts but maintaining free or nominal leases with other groups that limit membership."
This may be the Scouts' strongest argument. I don't know if Philadelphia can afford to piss off the Baptists and the Catholics.
Also, I think the Scouts make a good point: why are they being held to a standard that others, who also are exclusive, do not?
The best outcome would be if the Catholics, Baptists, and the Colonial Dames all had their leases subject to exlusionary scrutiny. I also love the idea that discrimination has a financial cost.
Posted by: Mike B. | May 28, 2008 12:13:37 PM
LOL@KANSASTOCK,
God bless 'em! I couldn'tna' made it in the Scouts. The shorts weren't high enough for me....toot toot, heeey--beep beep.
Posted by: Derrick from Philly | May 28, 2008 12:19:42 PM
I would be for restoring their $1 a year lease as long as they were to co-lease with another organization the the Sisters Of Perpetual Mercy.
Posted by: Jason | May 28, 2008 12:19:46 PM
GO PHILLY!! Living up to the name "The City of Brotherly Love".
Posted by: Originally from Phila. | May 28, 2008 12:43:25 PM
Very unclear area of the law. Would make a great court case. I doubt it'll get that far. They should have just sub-let from another "free" organization that took over their space, but instead chose to sue, which indicates they are more interested in winning than in saving money.
Posted by: anon | May 28, 2008 1:13:27 PM
I think it is great that the City of Philadelphia is gettin national attention for doing something that is the correct thing to do. The New Jersey Supreme Court had the case correctly decided that the Boy Scouts are not a truly private organization. But since that decision was overturned by the U.S. Supreme Court, the Boy Scouts cannot have it both ways. They should pay the City the reasonable rate of rent like any other private group should, or they should pull out of the building. Their lawsuit makes no sense at all.
Posted by: John in Philly | May 28, 2008 1:28:02 PM
"The Colonial Dames of America?" Sign me up!
Posted by: KJ | May 28, 2008 3:55:27 PM
Wow, Go Nutter!
I'm glad that Michael Nutter is actually a mayor I can be proud of. I admit that I expected him to be just like Street, but of course Street would be to busy waiting in line for an iPhone to issue a statement against discrimination against sexual minorities.
Posted by: Leonard | May 29, 2008 12:51:38 AM
They just don't give up the dead horse, do they?
The Boy Scouts have already tried this argument with the California Supreme Court.
After 60 years of rent free berthing at the local marina, the City of Berkeley demanded that the Sea Scouts (a group affiliated with the BSA) pay rent. The Boy Scouts decided to filed a lawsuit against the city for violating their "constitutional right to free association" because other non-discriminatory organizations - including the Girl Scouts - were still entitled to free berthing.
In a 7-0 decision, the CSC concluded that:
"Cities can require recipients of public money to provide written, unambiguous assurances of compliances with a generally applicable nondiscrimination policy...Berkeley reasonably concluded the Sea Scouts did not and could not provide satisfactory assurances because of their required adherence to (the Boy Scouts') discriminatory policies.''
(Evans v City of Berkeley, 2006)
Posted by: John | May 29, 2008 1:19:50 AM
As a former boy scout and parent of one, I am very uncomfortable with their discriminaotry policies. Indeed I have reservations about my son's participation in scouts for that reason.
I think the scouts provide some very important lessons for young boys and want the organization to continue to succeed. I do however think the Philly mayor has done the right thing and I would like to see continued pressure on the scouts until they cave in. My hope is the next generation of ex-scouts who are gay will step up that campaign.
Posted by: Ted | May 31, 2008 3:28:22 PM
All the more ironic considering the founder, Robert Baden-Powell, was bisexual. Dib dib!
Posted by: Lucky Luke London | Jun 1, 2008 5:40:47 PM
Way to go, Philly! City of brotherly love, indeed.
Posted by: Ted | Jun 2, 2008 12:13:51 AM