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Wednesday, January 15, 2003
The Pacific Legal Foundation is appealing the Sea Scouts Marina decision. Regular readers may remember that appeals court rejected the assertion that the Sea Scouts had a right to use the marina free of charge as the policy was only changed to protest Boy Scout policy. This next step would take it to the State Supreme Court.
“The sole reason for the Sea Scouts being singled out for unequal treatment is their affiliation with the Boy Scouts of America, a group with whose value-based tenets Berkeley officials don’t agree. But the Constitution doesn’t permit viewpoint discrimination by government. If Berkeley is going to open its Marina to free use by nonprofits-which it has done-it cannot pick and choose who will get free berthing based on a group’s philosophy or associations. It can’t target a group and withhold the benefit only from that group merely to score a point for political correctness,” Johnson said.Thanks to Res for catching the lawsuit.Email This Post! |
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