Boy Scouts Defeat Dismissal Motion in Philadelphia Headquarters Building Dispute
Leonard Link reports: “U.S. District Judge Ronald L. Buckwalter has rejected the City of Philadelphia’s motion to dismiss federal and state constitutional claims by the Cradle of Liberty Council of the Boy Scouts of America, which is fighting the city’s move to evict the Scouts from a city-owned building because of the BSA’s anti-gay membership policy. While rejecting state law claims of breach of contract and unjust enrichment, Judge Buckwalter’s September 25 ruling held that the Scouts had sufficiently alleged constitutional claims to survive the motion to dismiss. Cradle of Liberty Council v. City of Philadelphia, 2008 Westlaw 4399025 (E.D.Pa.) . . . “