For over 25 years, the Boy Scouts of America Cradle of Liberty Council has been in violation of the city’s fair-practices ordinance barring discrimination against gays and lesbians in housing, employment and accommodations. The Scouts, who do not allow openly gay or atheist members, occupy a city-owned building at 22nd and Winter streets, from an agreement dating from 1928. The agreement stipulated that the city could take over the building after giving the Scouts a year’s notice.
So why are the city and the Scouts involved in two legal disputes — one at the local level, one at the federal — that look as though they will take years to resolve?
The city began negotiations with the Scouts several years ago, trying to reach an amicable solution. However, the national organization would not allow the local council to set a nondiscrimination policy.
Then in 2007, the Fairmount Park Commission and City Council issued directives for the council to pay fair-market rent, stop discriminating or vacate the premises.
When the year deadline passed in June 2008, the city filed an eviction notice against the Scouts — but only after the Scouts had already filed a federal suit against the city for harassment.
Now, the local suit is in limbo while the federal suit is pursued. Last week, the federal judge, Ronald Buckwalter, granted an extension of the discovery phase, which had already been set for longer than his standard six months. With the new extension, the discovery deadline will be a full year after the date the case was filed.
According to public documents, the extension was a joint request by the city and the Scouts.
That the city requested an extension and that the judge granted it are both causes for concern.
In the cash-strapped city’s case, that property could be producing income (the building was appraised at $200,000 per year in rent) or sold for tens of millions. Also, Mayor Nutter, in a 2007 campaign interview with PGN, stated he supported the City Solicitor’s efforts to enforce the fair-practices ordinance. Here is the question PGN posed, and his answer:
PGN: The City Solicitor has indicated that the Boy Scouts of America Cradle of Liberty Council 525 needs to begin paying fair-market-value rent, vacate its city-owned property or allow gays. Do you support this action?
NUTTER: Yes. I believe any organization that seeks to use city-owned property at below-market rates should not discriminate based on race, ethnicity, religion, gender or sexual orientation.
That Nutter’s administration and Buckwalter are allowing this to go on makes it appear that neither wants to resolve the situation. Which, in turn, gives the appearance that one or both are perpetuating discrimination. While the LGBT community, and the community at large, would like to believe better of their executive and judicial leaders, this just might not be the case.