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Ranman328

BSA Folds Again

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BSA Folds Again

 

I don't think it's fair to say this is an "again" sort of event when it's directly linked to the same previous issue. It's just the legal/civil part of the process finally playing out. 

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Posted (edited)

The law referenced is

The New Jersey Law Against Discrimination (N.J.S.A. 10:5-12) (LAD)

 

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=732536957&Depth=4&TD=WRAP&advquery=%2210%3a5-12%22&headingswithhits=on&infobase=statutes.nfo&rank=&record={3ADB}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=24&y=12&zz=

 

section f, subsections (1) and (2)

 

I am not an attorney, but my read, there was a concern a LAD violation occurred because the scout was already a member of a private club (Cub Scout Pack) when denied continued membership because of gender identity.

 

(2)tab.gifNotwithstanding the definition of "a place of public accommodation" as set forth in subsection l. of section 5 of P.L.1945, c.169 (C.10:5-5), for any owner, lessee, proprietor, manager, superintendent, agent, or employee of any private club or association to directly or indirectly refuse, withhold from or deny to any individual who has been accepted as a club member and has contracted for or is otherwise entitled to full club membership any of the accommodations, advantages, facilities or privileges thereof, or to discriminate against any member in the furnishing thereof on account of the race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy, sex, gender identity, or expression, affectional or sexual orientation, disability or nationality of such person.

 

The local BSA Council apparently chose not to or could not argue that the initial membership was fraudulent and this law should not apply.

 

Anyway that is my research and best guess.

Edited by RememberSchiff

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But if your not supposed to be a member of that private club, how can you sue for discrimination when at the time the club's rules disallowed your membership.

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is the kid still a cub?  If not, it wouldn't surprise me if the parent was just looking to push her agenda and come out with a settlement from the get-go. 

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is the kid still a cub?  If not, it wouldn't surprise me if the parent was just looking to push her agenda and come out with a settlement from the get-go. 

 

It wouldn't surprise me, either.  But in this case, it appears that the girl really wants to be a cub scout.

 

My guess is that the $18,000 covers the parents' legal expenses, and doesn't give the parents a profit.  

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But if your not supposed to be a member of that private club, how can you sue for discrimination when at the time the club's rules disallowed your membership.

 

Right, my guess is that the law protects club/association members against changes to the membership rules so, for example, a club couldn't suddenly decide to exclude homosexuals if that would affect anyone who is currently a member.

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Unfortunately in today's litigious society, it is easier to cave in to a lawsuit than to fight it. One company I have friends in told me how they were hit by a multi-million dollar fine by the feds over something that was allowed at the time they did it, but now is now no longer allowed. Fed retroactively put the ban in place, and demanded their money back, plus penalties and interest. Company lawyers  said they could fight it out, and could probably win too. BUT, the entire legal process could take years. While the lawsuit was in the courts, payments would be put into escrow until the case was settled. without the government contract the company would go out of business. So they settled.

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Unfortunately in today's litigious society, it is easier to cave in to a lawsuit than to fight it.

 

Well, the issue here is that at face value, the unit violated state antidiscrimination law by accepting the membership, then later kicking the kid out.  So the council had a legal and public perception loser on their hands.  Settle the suit and have a lesson learned. 

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Well, the issue here is that at face value, the unit violated state antidiscrimination law by accepting the membership, then later kicking the kid out.  So the council had a legal and public perception loser on their hands.  Settle the suit and have a lesson learned. 

 

Did the unit know this was a girl signing up for Cub Scouts?  Did the parents commit fraud on the application?  These are issues that could alter whether or not a person stays a member.  Falsify a job application and even though you were hired, you could be let go on the spot if discrepancies are found. Nothing discriminatory about that at all.  It's called fraud.

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Well, the issue here is that at face value, the unit violated state antidiscrimination law by accepting the membership, then later kicking the kid out.  So the council had a legal and public perception loser on their hands.  Settle the suit and have a lesson learned. 

 

It could also be said that the person lied in order to get membership into the program. Thus it could eb said the applicant committed fraud.

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Posted (edited)

No fraud was committed. The family was open about the fact that Joe was born a girl. 

 

Gotta love the rush to judgement here. Very scout-like. 

Edited by EmberMike

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No fraud was committed. The family was open about the fact that Joe was born a girl. 

 

Gotta love the rush to judgement here. Very scout-like. 

 

The family was open with the unit, but were they truthful on the application?  It sounds like both the parents and the unit were committing a fraud. 

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No fraud was committed. The family was open about the fact that Joe was born a girl. 

 

Gotta love the rush to judgement here. Very scout-like. 

Applying for membership in a male organization using a male organization application when one is not male, can be construed as fraud.  Rush to judgment, just produce a birth certificate and that should be plenty of evidence one way or the other.

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just produce a birth certificate and that should be plenty of evidence one way or the other.

Why should they have to?  Our former Prez didn't have to.

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