A group affiliated with the Boy Scouts of America has lost its legal bid to continue to get free berthing at Berkeley Marina. Berkeley halted free berthing for the Sea Scouts four years ago because of the scout´s policies against gays. The scouts sued Berkeley. A state appeals court dismissed the case Monday.
Berkeley has provided free berthing for about six decades after the scouts permitted Berkeley to use rocks from a Boy Scout camp for marina fill.
The city stopped free access after passing an ordinance forbidding the subsidization of groups that discriminate. The scouts said the move infringed on their speech rights. The court said Berkeley isn´t stopping the scouts from discriminating but is merely charging for berth access.