Philadelphia Inquirer: Boy Scouts sue city in building dispute (policies re: gays and atheists)

[marmar]

Boy Scouts sue city in building dispute
By Joseph A. Slobodzian

Inquirer Staff Writer

Days before a deadline to vacate their historical Center City headquarters because of their policies on homosexuals and atheists, the Boy Scouts have sued the city, saying their constitutional rights have been trampled.

The federal suit, assigned to U.S. District Judge Ronald L. Buckwalter, asks for a court order prohibiting city officials from evicting the Cradle of Liberty Council from its building, a Beaux Arts structure at 22d and Winter Streets. The scouts had been facing a deadline of Saturday to change their policy, begin paying market rates - about $200,000 a year - for the half-acre of city-owned land near Logan Square, or vacate.

The civil-rights lawsuit, filed Friday in federal court in Center City, contends that the city is violating 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," the suit reads.

Mayor Nutter, asked about the lawsuit at a speaking engagement yesterday in Harrisburg, said: "The issue is very, very clear and has been clear for a very long time. . . . I do find it interesting that somehow, some way, the Girl Scouts have figured out how to provide services to all girls and not discriminate, and the Boy Scouts have not figured out how to do the same.

"Our position is, you cannot discriminate in terms of delivery of services on city property," Nutter added. "The U.S. Supreme Court has opined that the Boy Scouts can have any rules that they want, and at the same time you can't discriminate on public property."

If the judge rules in the city's favor, the lawsuit asks that the Cradle of Liberty Council, which represents 70,000 members in Philadelphia, Delaware and Montgomery Counties, be compensated for its investment.

The building was erected by the Boy Scouts at a cost of $200,000. Cradle of Liberty officials say they renovated the building in 1994 for $2.6 million and spend about $60,000 a year on maintenance. ........(more)

The complete piece is at: http://www.philly.com/philly/news/local/19309929.html

[NJSecularist]

1. This seems like a case that has a chance to make it all the way up to the SCOTUS. n/t

[Winterblues]

2. I have mixed emotions on this one.

I like the Boy Scouts and think they do wonderful things for young boys, but by the same token if they insist on having a religious only aspect they should not be allowed use of public lands or buildings..