Boy Scouts Lose Philadelphia Lease in Gay-Rights Fight

New York Times ^ | December 6, 2007 | Ia Urbina

[yorkie]

For three years the Philadelphia council of the Boy Scouts of America held its ground. It resisted the city’s request to change its discriminatory policy toward gay people despite threats that if it did not do so, the city would evict the group from a municipal building where the Scouts have resided practically rent free since 1928.

Hailed as the birthplace of the Boy Scouts, the Beaux Arts building is the seat of the seventh-largest chapter of the organization and the first of the more than 300 council service centers built by the Scouts around the country over the past century.

But over the years the fight between the city and the Scouts was about more than this grandiose structure in Center City.

Municipal officials said the clash stemmed from a duty to defend civil rights and an obligation to abide by a local law that bars taxpayer support for any group that discriminates. Boy Scout officials said it was about preserving their culture, protecting the right of private organizations to remain exclusive and defending traditions like requiring members to swear an oath of duty to God and prohibiting membership by anyone who is openly homosexual.

This week the Boy Scouts made their last stand and lost.

“At the end of the day, you can not be in a city-owned facility being subsidized by the taxpayers and not have language in your lease that talks about nondiscrimination,” said City Councilman Darrell L. Clarke, who represents the district where the building is located. “Negotiations are over.”

Mr. Clarke said talks ended this week when the deadline passed for the local chapter to change its policy; on June 1 the group will be evicted.

“Since we were founded, we believe that open homosexuality would be inconsistent with the values..

[RinaseaofDs]

Philly’s a cesspool anyway. Reminds me a lot of Atlanta.

[Girlene]

The fact that the Scouts payed the dollar a year meant that they accepted that the city was the property's owner.

Okay, then if the property is owned by the city, it's owned by the people. Put it up for a public vote - $1 or $199,000 to rent to the BSA. I think the BSA will win that vote.

[SandRat]

Doesn’t this just frost your backside?

Guess the City of Brotherly Love really does mean “Brotherly Love (ala NAMBLA).”

[woodb01]

YOU WROTE:
It’s called “Tolerance.” (In reference to the INSANE California Statute that calls it discrimination to refer to mother, father, marriage...)

~~~~~~~~~~~~~~~~~~~

Actually, let’s at least be candid here, “tolerance” is nothing but a code word for immorality, perversity, and generally the acceptance of that which is evil...

[Bubba Ho-Tep]

Okay, then if the property is owned by the city, it's owned by the people. Put it up for a public vote - $1 or $199,000 to rent to the BSA. I think the BSA will win that vote.

Fine by me. As is the Scouts raising the equivalent of $3 and change per Philadelphia scout and paying fair market value. Or buying the place outright. Honestly, I'm surprised that the city is giving the scouts the option of renting the place at market value, despite the conflict between city anti-discrimination policy and Scout policy.

[SENTINEL]

You don’t have your facts straight...the Scouts originally owned the property and “gave it” to the city decades ago with the agreement they could lease it forever for $1 a year.

[Does so]

"...I think it’s sad that people equate pedophilia with homosexuality at this day in time..."

At this day in time, the majority of us aren't yet indoctrinated.

What's the female-equivalent word for pederasty?

Answer: There is no equivalent.

[Girlene]

Honestly, I'm surprised that the city is giving the scouts the option of renting the place at market value, despite the conflict between city anti-discrimination policy and Scout policy.

Well, maybe the city council realizes that the Supreme Court ruled it was just fine to have an organization that discriminates against gays.

[Girlene]

You don’t have your facts straight...the Scouts originally owned the property and “gave it” to the city decades ago with the agreement they could lease it forever for $1 a year.

Woah. Do you have any links that describe this arrangement?

[Bubba Ho-Tep]

I think you’re wrong. From what I can find, the land was city property, part of the adjacent park. The city allowed the Scouts to put up the building, which the Scouts then gave to the city in return for the $1/year rent.

[Bubba Ho-Tep]

Well, maybe the city council realizes that the Supreme Court ruled it was just fine to have an organization that discriminates against gays.

That's not the issue. The issue is whether a city with an anti-discrimination policy can be forced to continue giving a sweetheart deal to a private organization whose policies conflict with that policy. And the Supreme Court let stand a California decision that booted the Sea Scouts from their docks for pretty much the same reasons.

[Windcatcher]

I’d love to see Delaware County GOP leaders very publicly chastise the Philly Dem “haters” while simultaneously welcoming the Boy Scouts and providing them with their very own facility. Now that would be sweet justice.

[Girlene]

Get your story straight, Bubba Ho-Tep. I think SENTINEL is on to something here. From this link, Philadelphia Threatens Boy Scouts For Following Policy Upheld By Supreme Court

"While the offer may seem fair, Robert Knight of the Media Research Center wrote in a column posted on TownHall.com Tuesday that the Post report left out many key facts to the dispute.

The Beaux-Arts building was in fact built by the Scouts and later given to the city in 1928, noted Knight.

He added that the Scouts had a lease “in perpetuity” with the city, an agreement that was not upheld by the City Council."

[toddlintown]

It will probably be the HQ of the local Black Panthers.

[Altura Ct.]

Thanks for that link and info.

The city leaders behind this should be tared & feathered.

[Girlene]

Ping.

[Bubba Ho-Tep]

Here's what I can find:

"They voted 16 to 1 to break a 79-year-old agreement allowing the Cradle of Liberty Council of the Boy Scouts to occupy a building in a city park. The Scouts built the building in 1928, and turned it over to the city in exchange for a rent-free lease “in perpetuity.”source

Here's the resolution from Philadelphia's City Council which says,

WHEREAS, In 1928 the City of Philadelphia gave the Philadelphia Council of the Boy Scouts (now known as the Cradle of Liberty Council of the Boy Scouts, and referred to here as “the Boy Scouts”) permission to build, at its own expense, a building located on City land located at 22nd and Spring Streets; and

WHEREAS, As reflected in the grant of permission, set forth in an ordinance of Council approved December 14, 1928, the building was to become “at once the property of the City”; and

WHEREAS, The Boy Scouts, pursuant to that grant of permission, built a building at that location,

So it looks like it was city land to start with.

He added that the Scouts had a lease “in perpetuity” with the city, an agreement that was not upheld by the City Council.

From another source

"The city's agreement with the Cradle of Liberty requires it to give the group one year's notice to vacate the building."

[Bubba Ho-Tep]

Again, the crux of the matter isn't whether or not the Scouts can ban homosexuals, it's whether the city has to keep letting them stay in the building under the present arrangement.

And the Supreme Court's refusal to take the Berkeley Sea Scouts case, letting the lower court decision stand, would seem to say that they don't.

[Girlene]

From your City of Philadelphia resolution. Talk about OVERKILL bringing up discrimination so many times. Who writes tripe like this?

WHEREAS, The national Boy Scouts organization has a policy of discrimination based on sexual orientation with respect to its members and scoutmasters and has required the local Boy Scouts to implement its discriminatory policy by excluding participation on the basis of sexual orientation; and

WHEREAS, The local Boy Scouts unfortunately has implemented that discriminatory policy and publicly has declared its intention to continue doing so; and

WHEREAS, The non-discrimination provisions of the City’s Home Rule Charter and the City’s Fair Practices Ordinance reflect broad City policy abhorring discrimination and the Boy Scouts’ policy and conduct is directly contrary to the principles of equal access and opportunity enshrined in Philadelphia law; and

WHEREAS, Pursuant to this policy, the City seeks to ensure that the benefits ofCity subsidies are made available to all citizens on a non-discriminatory basis; and

WHEREAS, The City’s ongoing subsidy of a discriminatory organization through the allowance of free use of a building is directly contrary to the City’s policy and practice of refusing to support discrimination, and of ensuring non-discriminatory access to City benefits; and

WHEREAS, Pursuant to the terms of the permission granted to the Boy Scouts, the building and property is to be surrendered to the City within one year after notice of a desire to terminate given by the Commissioners of Fairmount Park, with the approval of the Mayor and City Council; and

WHEREAS, The Fairmount Park Commission and the Mayor, through the City Solicitor, have provided notice of ejectment from the property to the Boy Scouts on July 20, 2006, subject to withdrawal upon agreement by the Boy Scouts to pay fair market rent; and

WHEREAS, The Fairmount Park Commission has approved at its meeting on July 24, 2006 the July 20, 2006, notice and has approved termination of the arrangementwith the Boy Scouts, subject to withdrawal upon agreement by the Boy Scouts to pay fair market rent or the Boy Scouts ending its discriminatory policy and practice; and

WHEREAS, The Boy Scouts have failed to respond to the City regarding the July20, 2006 letter; now therefore RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA, That termination of the arrangement with the Boy Scouts, whereby the Boy Scouts occupy City land and a City building located at 22nd and Spring Streets, is hereby approved, subject to withdrawal upon agreement by the Boy Scouts to pay fair market rent or the Boy Scouts ending its discriminatory policy and practice.

[yorkie]

"According to the article, Councilman Darrell L. Clarke has pushed hard for this decision.

Mr. Clarke’s website is:

http:www.darrellclarke5thdistrict.com/ (with a pic and bio)

To contact him:

Email: darrell.clarke@phila.gov Address: 484 City Hall Philadelphia, PA 19107 Phone: (215) 686-3442 Fax: (215) 686-1901

I’ll bet he would just love to get some early Valentines from FReepers. ;-)"

From post #41