NMRA Drops Youth Programs - BSA Lawsuit Fallout

[Eagle1993]

As the BSA lawsuit grows, I fear the fall out with other organizations' youth outreach programs.  Not sure if this was already mentioned, but NMRA is dropping its youth outreach programs.  My son has loved and continues to love model railroading.   There were locally sponsored youth groups plus fun events at our local model railroading convention (kits to build for youth, junior engineering program).  That is now all ending due to litigation risk.  If the BSA, with all of their overhead in terms of background checks & training cannot prevent lawsuits and bankruptcy, what youth serving organization can?  Is it just a matter of time as lawyers work through the whales to find small and smaller prey until the suck the blood out of all youth serving organizations?  

So, my son will now see the youth created model railroad layouts go up for sale/donation.  Their hard work will no longer be displayed and a bit of joy out of their lives will be squashed due to litigation risk.  I guess at least they are safer as more and more opportunities for fun/engaging off screen activities are removed.

https://nmra.org/nmra-risk-persons-policy

"In society today we see lawsuits against various individuals who are in positions of trust who abuse that trust and abuse the vulnerable among us.  These have been teachers, clergy, and volunteers in other organizations.  In November 2019 the Boy Scouts had to mortgage Philmont Scout Ranch for $446 million dollars for payment of abuse judgments and settlements, and most recently the Boy Scouts declared bankruptcy.  This happened despite the Boy Scouts’ comprehensive – and expensive – program used to screen and prohibit abuse.

The NMRA is not equipped to enforce the necessary protection policies for our members to follow.  We do not have the money for the insurance or the company that provides training, or the staff to make sure the regions and divisions are complying with the necessary requirements to prevent abuse. 

Simply put, one instance of an abuse lawsuit by someone against the NMRA would bankrupt the NMRA and the organization would cease to exist.  Statistically, based on the population at-large, we know that some of our members would abuse an at-risk person.  NMRA insurance does not provide coverage for any accusations of abuse."

[ParkMan]

A very, very sad development.

Makes me wonder what the right level of protection is for an organization like the NMRA to provide. They raise a very good question.

On a different note - I wonder if the BSA should work with them to transfer this program under the BSA?  We don't need rail road Scouting, but I do wonder if there could be some sort of council organized activity featuring rail roading that the BSA could pick up here.  A way for the BSA to provide more value to it's members.

 

[qwazse]

A falling tide grounds all boats.:(

[T2Eagle]

5 hours ago, Eagle1993 said:

That is now all ending due to litigation risk.  If the BSA, with all of their overhead in terms of background checks & training cannot prevent lawsuits and bankruptcy, what youth serving organization can?  Is it just a matter of time as lawyers work through the whales to find small and smaller prey until the suck the blood out of all youth serving organizations?  

 

I disagree that this is happening because of litigation risk.  This is happening because, by their own admission, they can't or won't take the steps necessary to prevent the rape and molestation of children by members of their organization.  And if they can't do that, than no they should not have a youth program.  If you can't afford to fix the brakes on your car than you shouldn't drive it, not because you're going to get sued for running someone over but because you shouldn't be willing to risk running someone over.

As for the analogy to BSA, BSA isn't in bankruptcy despite all its training and background checks, it's in bankruptcy because the law changed in some but not all states and a window for suits from past behaviors has opened.  To the extent that NMRA may have had past members who abused anyone than they're already at risk in those states.  If all we were dealing with was liability from the past six or ten years (the most common statutes of limitation) than we wouldn't be in trouble at all.

[ParkMan]

3 hours ago, T2Eagle said:

I disagree that this is happening because of litigation risk.  This is happening because, by their own admission, they can't or won't take the steps necessary to prevent the rape and molestation of children by members of their organization.  And if they can't do that, than no they should not have a youth program.  If you can't afford to fix the brakes on your car than you shouldn't drive it, not because you're going to get sued for running someone over but because you shouldn't be willing to risk running someone over.

As for the analogy to BSA, BSA isn't in bankruptcy despite all its training and background checks, it's in bankruptcy because the law changed in some but not all states and a window for suits from past behaviors has opened.  To the extent that NMRA may have had past members who abused anyone than they're already at risk in those states.  If all we were dealing with was liability from the past six or ten years (the most common statutes of limitation) than we wouldn't be in trouble at all.

You say potato, I say potato.  That's a distinction without a difference.

If the new standard for youth organizations is an organized YPT program, a monitoring and compliance system backed by professionals, and enough liability insurance to protect from lawsuits, then many organizations who have some youth programming today should follow the lead of the NMRA.  Youth sports leagues, youth groups, 4H, FFA, smaller Scouting groups, etc. should be prepared to all organize BSA quality YPT programs and maintain hundreds of millions in liability insurance.  How a local town rec league will do that I do not know.  As far as I can tell no other youth organization has a YPT program as strong as the BSA today.

But, if that is the new standard kids will surely be safe due to the simple fact that few youth organizations will have the resources to even continue to exist.  

Edited October 21, 2020 by ParkMan
grammar

[DavidLeeLambert]

10 hours ago, ParkMan said:

Youth sports leagues, youth groups, 4H, FFA, smaller Scouting groups, etc. should be prepared to all organize BSA quality YPT programs and maintain hundreds of millions in liability insurance.  How a local town rec league will do that I do not know.  As far as I can tell no other youth organization has a YPT program as strong as the BSA today.

Well, GSUSA and 4-H don't have exactly the same Youth Protection program, but from what I can see it's similar in each case.  See the "Clover Safe Notes", in particular #99 "Youth Protection Safe Environments".

And youth programs run directly by a public school or municipality might have a defense of governmental immunity, or more sympathy from a jury, as compared to a private program organized by like-minded potential volunteers.

But I'll agree that smaller organizations are at grave risk.  Consider the case of the Boston Children's Therater (Boston Globe article; WBUR article).  Public disclosure of allegations made via anonymous e-mail (not even a lawsuit) against the artistic director caused an immediate decline in donations; which caused it to cancel the season and declare bankruptcy; and it seems to no longer exist as an organization.