Don't get me wrong, I'm all for the Scouts...but if the City is merely running a business here, why can't it deny a special privilege (free berths rather than paying like everyone else) to a group that doesn't play by its rules?
Serious question.
What you have here is two conflicting freedom of associations. At heart to the issue, does the State (County, City etc) have the right of freedom of association.
----------------------------------------- I don't think that "everyone else" has to pay. As I understand it, that's the point of the Sea Scouts' litigation. They say that other not-for-profit organizations do NOT have to pay. Why should they - the Sea Scouts - be forced to pay when other not-for-profits are given free berths? Should the Sea Scouts be given different, lesser treatment because, as you put it, they "don't play by the city's rules"? If so, would you let Berkeley deny equal treatment to others who don't play by rules it might lay down - Republicans, for instance? Or people who vote for Bush? Should conservatives be forced to pay more for city services because they "don't play by the city's rules"? Just wondering.