Plaintiffs Boy Scouts of America and South Florida Council, Boy Scouts of America (together "Boy Scouts"), by their attorneys Hughes Hubbard & Reed LLP, bring this action against defendants Frank L. Till, Darla L. Carter, Carole L. Andrews, Judie S. Budnick, Paul D. Eichner, Stephanie Arma Kraft, Miriam M. Oliphant, Robert D. Parks, Diana Wasserman-Rubin, and Lois Wexler (collectively "Defendants"), and allege:

Nature of the Action

1. Boy Scouts seek to enjoin Defendants from discriminating against them by denying Boy Scouts access to Broward public school facilities on the basis of Boy Scouts' viewpoints. Boy Scouts bring this action to protect their right to freedom of speech and association under the First and Fourteenth Amendments to the United States Constitution and their right to Equal Protection as guaranteed by the Fourteenth Amendment.

2. Boy Scouts have served the youth of Broward County since 1935 and have conducted meetings and other after-school events at Broward County public school facilities for decades. Fifty-seven Boy Scout Troops and Cub Scout Packs, totaling 1,985 boys and 625 adult leaders, currently meet in Broward County public school buildings after school hours.

3. The School Board of Broward County ("School Board") permits numerous community organizations and groups to meet and recruit students in approximately 215 public schools in Broward County. By practice and policy, the School Board has created an open forum at all of its schools.

4. In addition, Boy Scouts, along with the Girl Scouts, 4-H Clubs, the YMCA, and similar non-profit groups, are specifically authorized under Florida Statutes � 234.211(1)(c) to use public school buses. Boy Scouts rely upon Broward County school buses to get the boys to Boy Scouts' activities.

5. On November 14, 2000, Defendant members of the School Board unanimously voted to authorize the Superintendent to send a 30-day notice informing Boy Scouts that their usage agreements with the School Board would be terminated, and that Boy Scouts would no longer be allowed to use any public school facility. The notice was sent and received on November 17, 2000.

6. As demonstrated by the facts leading up to the November 14th School Board meeting, Defendants based their decision to exclude Boy Scouts upon rejection of Boy Scouts' views, as expressed before the Supreme Court, that open homosexuals do not make appropriate role models for boys of Cub Scout or Boy Scout age and should not be appointed as Scout leaders. The United States Supreme Court in Boy Scouts of America v. Dale, 530 U.S. ___ , 120 S. Ct. 2446 (2000), held a state nondiscrimination statute to be unconstitutional as applied to Boy Scouts, because Boy Scouts have a right to set leadership standards in line with the Oath and Law under the First Amendment.

7. Defendants purported to justify their actions by citing the Board's nondiscrimination policy prohibiting the use of school facilities "by any group or organization which discriminates on the basis of age, race, color, disability, gender, marital status, national origin, religion, or sexual orientation." Broward County School Policy No. 1341.

8. Numerous groups which devote their efforts to particular subpopulations use the Broward County public schools, and would also be subject to exclusion under the nondiscrimination policy if it were so applied to them. The School Board, however, has not applied its nondiscrimination policy against any other group or organization.

Jurisdiction

9. This case arises under 42 U.S.C. � 1983, since Defendants' actions were taken under color of state law and violate the First and Fourteenth Amendments to the Constitution of the United States.

10. This Court has jurisdiction pursuant to 28 U.S.C. �� 1331 and 1343. The declaratory and injunctive relief sought is authorized by 28 U.S.C. �� 2201 and 2202 and 42 U.S.C. � 1983. Attorneys' fees and costs are authorized by 42 U.S.C. � 1988.

Parties

11. Plaintiff Boy Scouts of America is a private, non-profit organization which was founded in 1910. Boy Scouts' mission is to instill the values of the Scout Oath and Law in youth members. The Mission Statement of Boy Scouts of America states:

The mission of Boy Scouts of America is to prepare young people to make ethical choices over their lifetimes by instilling in them the values of the Scout Oath and Law.

12. In the Boy Scouting program, the values of the Scout Oath and Law are taught and modeled to the 15 to 30 adolescent boys in a Scout Troop by adult leaders of Boy Scouts of America, including uniformed volunteer leaders such as: Scoutmasters and Assistant Scoutmasters. In the Cub Scout program, for younger boys, the same values are taught by volunteer Cubmasters and Den Leaders. A relatively small number of professional leaders commissioned by Boy Scouts of America support the efforts of the adult volunteers in delivering Scouting to the boys. Nationally, more than two-thirds of Troops are sponsored by churches, temples, or other sectarian groups. Because of their role in conveying the values of Scouting, all registered volunteer leaders must commit themselves to live the values of the Scout Oath and Law.

13. Boy Scouts regard homosexual conduct as inconsistent with the obligations in the Scout Oath and Law to be morally straight and clean in thought, word, and deed, just as religious denominations to which a majority of Americans belong regard homosexual conduct as immoral. While Boy Scouts do teach boys to respect all persons, Boy Scouts expect leaders to act as role models for the values of the Oath and Law for adolescent boys, and thus do not select persons as leaders who openly hold themselves out as homosexual. Similarly, given the obligations of duty to God and reverence in the Oath and Law, Boy Scouts do not select as leaders persons who are avowed atheists or agnostics.

14. Plaintiff South Florida Council, Boy Scouts of America, Inc. ("South Florida Council") is a private, non-profit organization chartered by Boy Scouts of America to support Scouting in Dade, Broward, and Monroe counties. South Florida Council serves approximately 25,000 youth in Scouting programs, 9,298 of whom reside in Broward County.

15. Defendant Frank L. Till, Jr. is the Superintendent of the Broward County Public Schools.

16. Defendant Darla L. Carter is the Chairperson of the School Board.

17. Defendant Carole L. Andrews is a member of the School Board.

18. Defendant Judie S. Budnick is a member of the School Board.

19. Defendant Paul D. Eichner is a member of the School Board.

20. Defendant Stephanie Arma Kraft is a member of the School Board.

21. Defendant Miriam M. Oliphant is a member of the School Board.

22. Defendant Robert D. Parks is a member of the School Board.

23. Defendant Diana Wasserman-Rubin is a member of the School Board.

24. Defendant Lois Wexler is a member of the School Board.

Denial of Access to School Facilities and School Buses

25. On September 18, 2000, a citizens' advisory panel to the Superintendent, known as the Diversity Committee, met to discuss Boy Scouts' use of the public schools. The meeting had been prompted by the decision of the United States Supreme Court in Boy Scouts of America v. Dale, a copy of which was circulated to each member of the committee.

26. Although some members of the Diversity Committee recognized that Boy Scouts had the constitutional right to determine their own leadership standards, the Diversity Committee nonetheless recommended that the School Board take action to evict Boy Scout Troops and Cub Scout Packs from the Broward County public schools.

27. At the instigation of the Diversity Committee, two homosexual activists promised to provide proof to justify the expulsion. On September 22, 2000, these two men arrived at South Florida Council headquarters, trailed by television cameras. These men announced that they were homosexual and presented to a Scouting professional their applications to be Boy Scout Troop leaders. These applications were not accepted.

28. On September 20, 2000, Superintendent Frank Till wrote to Jeffrie A. Herrmann, Scout Executive for the South Florida Council. Superintendent Till advised that as a result of the recent Supreme Court opinion in Boy Scouts of America v. Dale, the School Board concluded that Boy Scouts violated the School Board's nondiscrimination policy providing that public school facilities may not be used by organizations which discriminate. Till demanded to know whether the South Florida Council intended to adhere to the same policies that Boy Scouts of America had expressed before the United States Supreme Court.

29. On September 27, 2000, Herrmann responded that the United States Supreme Court had upheld Boy Scouts' constitutional right to establish its leadership standards. He advised Superintendent Till that any attempt to treat Boy Scouts on an unequal basis from other organizations using public school facilities would be unconstitutional viewpoint discrimination in violation of the First Amendment.

30. In the same letter, Herrmann also requested a list of all organizations using the Broward County public school facilities. Superintendent Till did not respond to this letter, nor did he provide such a list.

31. On November 13, 2000, counsel for Boy Scouts wrote to Superintendent Till urging him to reconsider his recommendation to the School Board. Counsel pointed out that the Superintendent's proposed action against Boy Scouts would single out Boy Scouts from all other groups using the Broward County public schools and would constitute viewpoint discrimination in violation of the First Amendment. Superintendent Till did not respond.

32. On November 14, 2000, the School Board met to address Superintendent Till's request that the Board authorize him to issue a letter giving Boy Scouts a 30-day notice of termination of the School Board's agreements with Boy Scouts for use of school facilities and buses.

33. At the meeting on November 14, 2000, School Board members unanimously decided that Boy Scouts should not be permitted to use any public school facilities based upon Boys Scouts' view against open homosexuals serving as volunteer Scout leaders.

34. Superintendent Till insisted that unless Boy Scouts change their policy, in and admit all homosexuals as leaders, there was no place in the Broward County public schools for Boy Scouts. Till suggested that the South Florida Council adopt a local policy, in contradiction with the national policy, permitting openly homosexual Scout leaders.

35. School Board member Diana Wasserman-Rubin emphasized that the effect of the Board's decision was that Boy Scouts would not be permitted to rent or use any public school facilities at the end of the 30-day notification period.

Defendants Single Out Scouting From All Groups Using the Schools

36. Although the School Board members were advised by the attorney for the School Board, Edward Marko, that their nondiscrimination policy should be uniformly applied, no prior investigation was conducted to determine whether all groups using school facilities would be in compliance with School Board Policy 1341, which would disallow usage by any group which limits membership on the basis of age, race, disability, gender, national origin, religion, or sexual orientation, among other characteristics.

37. Several School Board members, including Judie Budnick, Lois Wexler, and Stephanie Craft, expressed concern that the School Board was taking action against Boy Scouts whereas numerous other organizations with restrictive membership policies continue to use the Broward County public schools.

38. School Board member Judie Budnick expressed concern that the schools would not be able to apply the nondiscrimination policy across the board because it would require excluding the Brownies, which have age limitations, and the Girls Scouts, whose membership is restricted to girls.

39. School Board Member Stephanie Kraft stressed that school facilities are currently being used by churches of various faiths, and questioned whether these churches would still be allowed to meet in the public schools.

40. Other School Board members questioned Superintendent Till about other organizations using public school facilities. Superintendent Till responded that he would need considerable time to conduct an investigation and determine the identity and policies of the "hundreds of groups" using school facilities. Superintendent Till did recognize, however, that the nondiscrimination policy of the School Board if literally applied would also prohibit single-sex organizations, such as the Girl Scouts, from using school facilities.

41. Several School Board members asked about the possible liability of the School Board for singling out Boy Scouts and evicting them from the public schools without taking similar action against any other group.

42. Nevertheless, the School Board unanimously voted to give Boy Scouts a 30-day notice of termination of the written agreements to use school facilities and school buses. No action was taken against any other group or organization.

43. By letter dated November 17, 2000, the School Board gave the South Florida Council a 30-day notice of termination of the agreement to use school facilities for Troop and Pack meetings and the agreement to use school buses for the transportation of the boys to Boy Scout activities.

44. Upon information and belief, a number of organizations and groups which limit their membership or focus their recruitment efforts according to the age, gender, ethnicity, race, or other characteristics of the participant are permitted to use the Broward County public schools for meetings and recruitment.

45. A number of groups are single?sex. For example, the Indian Princesses, a YMCA group open only to girls and their fathers, regularly meet at certain elementary schools in Broward County. Similarly, the Girl Scouts are permitted by Florida statute to use Broward County public school facilities as well as school buses even though their national policy restricts their membership to girls.

46. Other youth groups which regularly meet in the Broward County public schools, limit participation to students of certain ages, such as the Brownies and YMCA tutoring programs.

47. Other groups focus their efforts on persons of certain ethnicities. Aspira Clubs have a stated mission to "promote the empowerment of the Puerto Rican and Latino Community by developing and nurturing the leadership, intellectual and cultural potential of its youth," and use many Broward County public schools for after-school meetings.

48. In addition, the School Board has allowed numerous churches and other religious groups to use Broward County public school facilities for meetings, services, and other activities. These include: (1) Congregation Kol Tikvah; (2) First Baptist Church Piney; (3) Lauderhill Seventh Day; (4) Everglades Community Church; (5) Metro Life Chapel; (6) Iglesia Cristo La Roca; (7) Cornerstone Community Church; and (8) Faith Abounding. The membership of these churches is comprised of persons of particular religious beliefs.

49. On information and belief, Defendants have not sought to exclude any of the other organizations or groups from using Broward County public schools and/or school buses on the basis that the organization or group is violating the nondiscrimination policy.

50. Defendants can constitutionally restrict access to the open public forum of Broward County public schools only if the distinctions they draw are viewpoint neutral. Thus, Defendants' selective application of the policy to exclude Boy Scouts because of the Defendants' dislike of Boy Scouts' message is viewpoint discrimination in violation of the First Amendment and violates the Equal Protection Clause of the Fourteenth Amendment.

51. If Defendants are not enjoined from excluding Boy Scouts from the Broward County public schools, the 1,985 boys in Boy Scout Troops and Cub Scout Packs and 625 leaders, would suffer the loss of the use of a public forum and school buses available to other organizations in violation of their First and Fourteenth Amendment rights. There is no adequate remedy at law available to these boys and their leaders to compensate them for these injuries.

COUNT I

Violation of Freedom of Speech and Expressive Association
42 U.S.C. � 1983

52. Boy Scouts repeat and reallege paragraphs 1 through 51 hereof with the same force and effect as though here set forth in full.

53. Section 1983 prohibits the violation of constitutional rights under color of state law.

54. Defendants are state actors who are violating Boy Scouts' constitutional rights under the authority granted them by Florida law.

55. Defendants have through past policy and practice allowed Broward County public school facilities to be used by numerous organizations as a public forum in which they may exercise their freedom of speech and their freedom of association under the First Amendment.

56. Defendants wrongfully seek to prevent Boy Scouts from using this public forum because of Boy Scouts' viewpoint.

57. Defendants have acted purposefully in excluding Boys Scouts in reaction to the decision of the United States Supreme Court that Boy Scouts have a constitutional right to select leaders who are role models for the values of the Scout Oath and Scout Law.

58. Because Defendants have excluded Boy Scouts from a public forum based upon the content of their speech, such action constitutes viewpoint discrimination in violation of their rights to freedom of speech and freedom of association protected by the First and Fourteenth Amendments to the United States Constitution.

59. Boy Scouts will suffer irreparable harm by having their First and Fourteenth Amendment rights abridged by Defendants and by having 1,985 boys excluded from Broward County public schools, which Boy Scouts have been using for decades, upon 30-days' notice.

COUNT II

Violation of Equal Protection Clause
42 U.S.C. � 1983

60. Boy Scouts repeat and reallege paragraphs 1 through 51 hereof with the same force and effect as though here set forth in full.

61. Section 1983 prohibits the violation of constitutional rights under color of state law.

62. Defendants are state actors who are violating Boy Scouts' constitutional rights under the authority granted them by Florida law.

63. Defendants seek to selectively enforce their nondiscrimination policy to deny Boy Scouts access to public school facilities and school buses based upon the public expression of their views. Defendants seek to apply their nondiscrimination policy so as to discriminate against Boy Scouts.

64. Defendants fail to apply their nondiscrimination policy consistently or uniformly to all groups which use Broward County public school facilities and school buses.

65. By seeking to exclude Boy Scouts from the public schools and from use of school buses without investigating or taking similar action against other groups, Defendants recklessly violated Boy Scouts' constitutional rights.

66. Since Defendants have applied the nondiscrimination policy solely against Boy Scouts, Defendants have violated Boy Scouts' constitutional right to equal protection of law as guaranteed by the Fourteenth Amendment.

67. Boy Scouts will suffer irreparable harm by having their First and Fourteenth Amendment rights abridged by Defendants and by having 1,985 boys excluded from the Broward County public schools, which Boy Scouts have been using for decades, upon 30-days' notice.

Prayer for Relief

WHEREFORE, Boy Scouts demand judgment against Defendants as follows:

(a) declaring that the exclusion of Boy Scouts from the use of the Broward County public school facilities violates Boy Scouts' rights under the First and Fourteenth Amendments;
(b) enjoining Defendants and their agents, employees, and successors in office from preventing Boy Scouts from using Broward County public school facilities;
(c) awarding Boy Scouts attorneys' fees and costs pursuant to 42 U.S.C. � 1988; and
(d) granting such other relief as may be just and equitable.

Attorneys for Plaintiffs Boy Scouts of America and South Florida Council-Boy Scouts of America