Federal jury decides in favor of Scouts

A federal jury yesterday decided that Philadelphia violated the Boy Scouts' First Amendment rights by using the organization's anti-gay policy as a reason to evict them from their city-owned offices near Logan Square.

"We can't be kicked out of the building or evicted and we don't have to pay any rent," Scouts' attorney William M. McSwain said after the unanimous verdict by a jury of six women and two men.

Scouts lawyers expect U.S. District Judge Ronald Buckwalter to issue a permanent injunction that bars the Scouts' eviction because of their policy - set by the national organization - that homosexuals cannot be scouts or troop leaders.

That's not necessarily the end of the dispute, however.

The jury's answers to the 11 questions on the verdict sheet were "inconsistent," City Solicitor Shelley Smith said, and when verdict sheets have inconsistent answers, the potential exists that the verdict is flawed. We will be exploring our options."

In an unusual address to the jury, Buckwalter said he hopes the Council and the city can reach a final negotiated solution.

The Scouts are willing to negotiate and would like to end the nearly seven-year standoff, said Jason Gosselin, the lead attorney for the scouts.

"We want to sit down with the city and see if we can resolve this" permanently, Gosselin said.

Under the ordinance that leased the land to the Scouts, the city has the right to evict the Scouts without giving any reason at all - just not for an unconstitutional reason, both sides have agreed.

Asked if the city would take that step, Smith said "the verdict was just issued today, and we'll be considering all of our options."

The jury deliberated for about seven hours over two days and voted unanimously.

The jurors ruled in favor of the city on two points: the Scouts right to due process was not violated, and another First Amendment complaint by the scouts had no validity.

(Via Philly.com)