Evans v. City of Berkeley

Opinion

WERDEGAR, J.

A city requested that a volunteer youth group affiliated with the Boy Scouts of America, in order to qualify for continued free use of berths in the city’s marina, provide written assurance the group would not discriminate against homosexuals or atheists wishing to participate in the group’s program. The city, deeming the policy statement the group provided ambiguous and therefore insufficient, discontinued its subsidy. Members of the group sued, claiming, among other things, that the city’s action violated their freedoms of speech and association. The trial court sustained…