ACRU URGES CALIFORIA SUPREME COURT TO DECIDE SEA SCOUT CASE

In an effort to fend off an unconstitutional attack on the rights of a group associated with the Boy Scouts of America, the American Civil Rights Union (ACRU) has filed a “friend of the court” letter seeking review by the California State Supreme Court of the California case Eugene Evans, et al v. City of Berkeley. In Evans, the California First District Court of Appeals upheld an action whereby the City of Berkeley took away free berthing privileges for the Berkeley Sea Scouts at the Berkeley Marina, because of its affiliation with the Boy Scouts of America.

“The American Civil Rights Union is committed to defending all rights enumerated in the Bill of Rights, not just those that might be politically correct for a time or fit a particular ideology,” said Robert Carleson, Chairman of the ACRU. “To this end, we have been defending the Boy Scouts of America in the wake of attacks on its rights of free association, and we now join the battle against efforts to extend those attacks to the Sea Scouts.”

The ACRU has had a long-standing interest in defending the rights of the Boy Scouts of American to maintain its autonomy and integrity in the face of attacks upon its membership by outside groups. To that end, the ACRU maintains the Scouting Legal Defense Fund. “The California Evans case, with its unprecedented attack on the Sea Scouts for the simple act of association with the Boy Scouts of America, is a case in which we want to voice our strong support of the Sea Scouts and their constitutional rights,” Carleson said.

“In this case,” Carleson noted, “the City of Berkeley reneged on an agreement of six decades standing to give the Sea Scouts free berthing at the Berkeley Marina. These privileges were removed after the City instructed the Sea Scouts to confront the Boy Scouts of America over alleged discrimination policies, and to sign a “local policy statement “ against such alleged discrimination. Even though the Berkeley Sea Scouts signed such a statement and made a good-faith effort to comply with the City’s dictates, the City removed their free berthing privileges and imposed a $500 monthly fee on the Sea Scouts. The Berkeley Sea Scouts have many underprivileged members, no budget and no paid employees. The imposition of the $500 fee is a hardship that the City of Berkeley imposed on no other groups using the Berkeley Marina.”

“What is more distressing,” Carleson noted, “is that the City of Berkeley took away the free berthing privileges and imposed the $500 monthly fee on the Berkeley Sea Scouts on unconstitutional grounds which were not fully examined by the Court of Appeals. That is why we are joining the petitioners in seeking full review of this case by the California Supreme Court.”

“Without full review of this case by the California Supreme Court,” Carleson said, “important issues of law will remain unsettled with regard to the restriction of the free speech and association rights of many private and religious associations by local governments.”

Carleson further noted that while the American Civil Rights Union is a national organization, many of its policy board members live and work in California and have a keen interest in the constitutionality of California law and policy. Hence, they are very interested in the outcome of the California Evans case.
“Moreover, “ Carleson said, “I am myself a former Quartermaster Sea Scout and Eagle Scout, and therefore have a personal knowledge of the value and integrity of scouting. I have a strong personal interest in seeing that the programs provided to young people through scouting are not endangered for politically correct reasons lacking sound constitutional grounds.”

The California Supreme Court is currently considering the petition for review supported by ACRU and other groups. A decision is expected within thirty days.