Isn't Berkeley a subdivision of the state? If not, are you saying that a city can treat blacks differently from whites, and violate equal protection in other ways, because it is not a state?
No, I'm saying that the 14th Amendment of the Constituion of the United Stats of America does not necessarily apply to the City of Berkeley.
(From the article: Berkeley leads the way by singling out the Sea Scouts for a fee to use the city's marina.)
They would more appropriately be constrained or governed by the Constitution of the State of California. I'm sure there is language in there that would prevent the City of Berkeley from, as you say, "...treat blacks differently from whites, and violate equal protection in other ways...".
What they are doing is wrong and unconscionable. But the 14th Amendment, as it is written, does not seem to me to apply to this particular situation.