Re: Adult registration and uniforming
Michael F. Bowman (mfbowman@CAPACCESS.ORG)
Thu, 23 May 1996 01:14:51 -0400
Rex asked about a non-Scouter adult wearing a uniform. The answer is
that this adult should not wear the uniform or any patches from BSA
without being registered.
Under the original charter granted to BSA from Congress, Congress granted
BSA property rights and protection for all of its insignia, badges, etc. in
section 7 of the chartering act:
"That said corporation (BSA) shall have the sole and exclusive right to
have and to use, in carrying out it purposes, all emblems and badges,
descriptive or designating marks, and words or phrases now or heretofore
used by the Boy Scouts of America in carrying out its program, it being
distinctly and definitely understood, however, that nothing in this Act
shall interfere or conflict with established and vested rights."
Article IX Principles, Policies, and Definitions of the Rules and
Regulations of the BSA at Section 4, Clauses 8 and 9 states:
"Clause 8. All badges and insignia of the Boy Scouts of America shall be
used exclusively by members of the Boy Scouts of America, registered and
in good standing according to the records of the National Office. . ."
"Clause 9. All badges and insignia shall remain the property of the Boy
Scouts of America subject to recall for cause by the Corporation or its
duly authorized representative."
Rex, while I'm pretty sure that the local constabulary won't arrest an
unregistered adult for wearing a BSA uniform on a charge of
impersonating a Boy Scout :-)), it seems pretty clear
that under the law, BSA could take action in a court to reclaim its
insignia and get an injunction against the adult to prevent future use of
its insignia (uniform with BSA patches), if the situation warranted. In
any case, it is clear that BSA has some property rights to its insignia
and that it would be better for the adult to set an example or respecting
the rights of others by not wearing the uniform, until such time as he or
she is registered as a Scouter.
Speaking Only for Myself in the Scouting Spirit, Michael F. Bowman
a/k/a Professor Beaver (WB), ASTA #2566, OA Vigil Honor '71, Eagle
Scout '67, Serving as Deputy District Commissioner for Training,
G.W.Dist., Nat. Capital Area Council, BSA - mfbowman@capaccess.org
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City |
