Berkeley Sea Scout Decision Appealed to Supreme Court Announces Pacific Legal Foundation

Business Wire, July 11, 2006

SACRAMENTO, Calif. -- Pacific Legal Foundation announced today that it has appealed to the United States Supreme Court to review and reverse the California Supreme Court's decision allowing the City of Berkeley to discriminate against the Berkeley Sea Scouts because of their affiliation with the Boy Scouts of America.

A Berkeley program allows nonprofits free use of the Berkeley Marina. However, Berkeley excludes the Berkeley Sea Scouts, because they are affiliated with the Boy Scouts and Berkeley officials object to Boy Scout values and membership policies.

In a March decision, the California Supreme Court upheld Berkeley's exclusion of the Sea Scouts from the berthing program for nonprofits.

Representing the Berkeley Sea Scouts' skipper, Pacific Legal Foundation attorneys have appealed the California Supreme Court's ruling to the United States Supreme Court.

"Berkeley is penalizing the Sea Scouts for exercising their First Amendment right of association in ways that city officials don't like," said PLF attorney, Harold Johnson, co-counsel in the case. "May government punish you, or fine you, or subject you to second class treatment if you don't pass a politically correct litmus test? That's the question here -- and it deserves to be heard by the United States Supreme Court."

The Berkeley Sea Scouts is a multi-ethnic group with members from all economic backgrounds. Berkeley's exclusion of the Sea Scouts has imposed financial hardships. The monthly berth fee of more than $500 has led to cutbacks in programs and less financial assistance for kids from poor families.

"Berkeley is punishing kids in the Sea Scouts program to make a political statement, and that's a real tragedy," Johnson said.

For 50 years, the Sea Scouts have taught Bay Area kids to sail, and learn carpentry and plumbing by working on the Scouts' ship. Like other local nonprofits, Berkeley allowed the group to berth at the marina for free. But in 1998, Berkeley demanded the group sign a pledge that would have the effect of severing its ties with the Boy Scouts. Berkeley was retaliating against the Boy Scouts because of BSA's traditional values and policies -- even though those policies are protected by the First Amendment, according to the United States Supreme Court.

About Pacific Legal Foundation

Pacific Legal Foundation is the oldest and largest public interest legal organization dedicated to limited government, individual freedom and property rights.