Jury Rules Philadelphia Cannot Evict Boy Scouts
A federal jury has ruled that the city of Philadelphia cannot evict a local Boy Scouts chapter from a building owned by the city for banning gays. According to an Associated Press news report, Philadelphia city officials had insisted that nonprofits including the Boy Scouts abide by local anti-discrimination laws, including equal protection for gays.
However, a federal jury determined that the Boy Scouts, as an independent organization, have First Amendment rights and that the city’s reason violates the Boy Scouts’ First Amendment rights.
The Scouts had filed a lawsuit seeking an injunction to prevent the city from evicting them or charging a cost-prohibitive rent of $200,000 a year. A federal judge also said that the city can still terminate the Scouts’ lease, but the reason for it cannot hinge on the organizations views or opinions. The city and Boy Scouts are continuing to negotiate the matter.
The First Amendment to the U.S. Constitution is part of the Bill of Rights and prohibits the making of any law that impedes the free exercise of religion or that infringes on the freedom of speech, freedom of the press or right to peaceful assembly.
Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm founded by... Michael Monheit→
