Comments on: You can’t even buy a right

By: Fred in the UK

Fred in the UK — Thu, 24 Jun 2010 18:41:45 +0000

Following on from Richard Rush and Grant, why was the case a jury trial? As I understand it was the city council within its rights to force the Boy Scouts to pay market rent or change their policies? Or did such action infringe the rights of the Boy Scouts? To my mind such a decision requires a detailed understanding of the law i.e. it requires a judge to decide.

As a Brit I have a limited understanding of the American legal system, so I’d be very grateful if someone could explain this to me.

By: John Doucette

John Doucette — Thu, 24 Jun 2010 15:46:40 +0000

I think it is about time that we started questioning the political and private beliefs of all public officials, especially when it comes to ruling on legal issues.

By: Priya Lynn

Priya Lynn — Thu, 24 Jun 2010 15:23:23 +0000

Stefano said “That’s why I just can’t wrap my head around what this Pennsylvania jury was thinking.”.

That’s easy – they were thinking they don’t care about the intricasies of the law, they like the boy scouts and they don’t like gays so the boy scouts are going to win.

By: Brian Westley

Brian Westley — Thu, 24 Jun 2010 14:49:10 +0000

“What surprises me is that the judge did not vacate the verdict of the jury, given how incredibly wrong it is.”

The judge is a former scout. No conflict of interest there, right?

Just like when the Powells took their public school to court for allowing in-school recruiting, and the BSA paid for the school’s lawyers.

By: cowboy

cowboy — Wed, 23 Jun 2010 23:35:22 +0000

BSA is subsidized by the one of the richest organizations in the World: The Mormons. The Scouts could certainly pay the fair-market price for renting the building in Philadelphia. This is not a matter of Free Speech. It’s thumbing their noses at the gays.

Some people see only the clean-cut, kerchief, sash and three-fingered salute of a little innocent Scout with a flag waving in the background. When in actuality they are mocking the very symbol of our great nation by only being inclusive to “their kind”.

Maybe I need to find my sash of merit badges and return it to the local BSA office. No. Wait. I learned all about sex at Scout Camp. I got what I needed and I earned those merit badges!

And by the same logic that is being used in Minneapolis, then we gays should be able to have a float and a booth at the Utah Pioneer Day Parade in July. (Fat chance of that ever happening, though.)

By: Grant

Grant — Wed, 23 Jun 2010 22:58:27 +0000

As we can see in this latest example, trial by jury is a double-edged sword – and in our system, one does not need to prove even passing knowlege of law or justice to sit on a jury.

I would expect the city to appeal, and perhaps if it goes before a Circuit Court, the outcome will be more “sober”

By: Richard Rush

Richard Rush — Wed, 23 Jun 2010 22:14:13 +0000

People should know that this Philadelphia case doesn’t just involve generic office space, the Scouts occupy a handsome free-standing building sitting on a prime piece of center-city real estate – rent free.

And now to top it all off, the Boy Scouts are also seeking a legal decision requiring the City to pay their legal fees of more than $700,000!

I was in disbelief when I first heard that this case was going to a jury trial. Obviously, I hope the city will pursue an appeal.

By: Stefano A

Stefano A — Wed, 23 Jun 2010 22:03:48 +0000

The Boy Scouts lost a similar case in San Diego as well.

The US Supreme Court decided against hearing a dispute over San Diego’s discounted leasing of city parkland to the Boy Scouts, allowing to stand a lower court’s decision to ban such agreements because they give preference to religious groups.

The lower court had struck down leases for 16 acres in Balboa Park and another half-acre on Fiesta Island that the city granted to the Scouts under a no-bid and, initially, nominal yearly fee. The judge said it violated the state’s constitutional ban on government preference for religious groups.

The Scouts had leased land in Balboa Park since 1957 for $1 per year. After the case was filed, the city negotiated a new lease, and the Scouts pay $2,500 in fees per year.

That’s why I just can’t wrap my head around what this Pennsylvania jury was thinking.

If the trial had been over whether or not the Boy Scouts could discriminate then I could understand it, but that issue had already been decided. So this case just makes no sense to me at all.

By: Lindoro Almaviva

Lindoro Almaviva — Wed, 23 Jun 2010 22:03:05 +0000

Well, there is still the Circuit court of appeals in Boston. What surprises me is that the judge did not vacate the verdict of the jury, given how incredibly wrong it is.

By: John in the Bay Area

John in the Bay Area — Wed, 23 Jun 2010 21:58:02 +0000

The Boy Scouts/Sea Scouts lost an almost identical case in Berkeley CA over the lease of a city owned dock for the ship? (Evan v Berkeley)

That case was appealed to the US Supreme Court which declined to intervene in favor of the Boy Scouts/Sea Scouts.