An appeal of Eugene Evans et al. v. City of Berkeley was heard by the state Supreme Court. Since 1945, the Berkeley City Council has allowed the Sea Scouts, an affiliation of the Boy Scouts of America, free berthing and mooring facilities for their ships at the Berkeley Marina. In 1997, the Berkeley City Council enacted a policy that forbids the use of city funds to subsidize the activities of private groups using city property at the marina if that group discriminates against individuals. In 1998, the Berkeley City Council told the Sea Scouts that unless they rejected the policies of the national Boy Scouts of America, they would lose their free marina privileges. The Boy Scouts of America excludes homosexuals and atheists from being troop leaders. The Sea Scouts alleged that the city violated their free speech rights. The trial court and California Court of Appeals ruled in favor of the City of Berkeley. 



Courtesy of the California Channel.