Scouts’ Lease on Base Extended

Over objections from the gay and lesbian community and the threat of an ACLU lawsuit, Orange County supervisors Tuesday unanimously approved a 30-year extension of the Boy Scouts’ lease on a Newport Beach sea base under county authority.

“This is good news for everybody in Orange County,” said David Janes, a sea base volunteer and retired Navy rear admiral, after the board’s vote.

About 35 Scouts, their parents and Scout leaders attended the meeting in a show of support for the rent-free extension of the base lease, beginning in 2006. The Scouts have operated the base for 63 years and recently raised $4.5 million to renovate the popular facility.

Opponents of the lease renewal argued that the county should not “subsidize” a group that discriminates against people because of sexual orientation.

“It is clear that the Boy Scouts do not have the right to receive any government subsidies, sponsorship or special privileges, such as ‘sweetheart deals’ on rent of government lands and buildings,” said Martha Matthews, an attorney for the American Civil Liberties Union.

The ACLU recently sued San Diego in federal court over a lease of public parkland to the Scouts for $1 a year.

In response to a question Tuesday by Supervisor Todd Spitzer about whether the ACLU intends to sue Orange County, Matthews said, “It’s likely that we would.”

Supervisors Tom Wilson and Jim Silva argued that the sea base benefits all children in the county and that under the contract the Scouts cannot discriminate against anyone else utilizing the sea base.

The property is used by a variety of groups, including other youth organizations such as Indian Guides, groups from UC Irvine and Chapman University, and United Way programs.

Supervisors voted after receiving an opinion from county counsel that the county’s position is “legally defensible.”

In addition, the contract provides that the county would be defended by the Orange County Boy Scouts Council in the event of a lawsuit.

For years, the Boy Scouts have fought court battles to defend a ban on agnostics, gays and others who do not meet membership standards.

The U.S. Supreme Court refused in June to overturn the organization’s right to exclude gays from its ranks.

In contrast, the Girl Scouts do not exclude lesbians, a spokeswoman said.

In the wake of the Supreme Court ruling, some Scout supporters, including contributors and public officials, have rebuked the organization. Local Boy Scout executives, however, underscore that it is a member-driven organization and that its numbers are up, despite the ongoing controversy.

“Our membership shows that at the end of last month we had an increase of 6% in traditional youth members, which is from 2,500 to 3,000 kids,” said Kent Gibbs of the Orange County council.

The local council, one of the largest in the state, has about 54,000 Boy Scouts in 1,400 troops, including Sea Explorers.

Though the Boy Scouts Council leases the bay-front acreage, terms of the lease prohibit the council from discriminating against anyone, including gays and lesbians, Janes said.

“Bottom line is if a gay or lesbian person or group wants to use the base, they’re welcome to it,” Janes said in a telephone interview before the meeting.

But that is missing the point, said Patricia Aynes, a spokeswoman for the Gay and Lesbian Center of Orange County. The issue is allowing the Scouts to use the sea base while they continue to discriminate against a segment of society, she said.

“If the Boy Scouts are going to call themselves a private organization and discriminate against gays, then they can’t continue to enjoy all the governmental perks and freebies,” Aynes said. “They can’t have it both ways.”

Earlier this month, Atty. Gen. Janet Reno ruled that a presidential order barring discrimination against gays does not prohibit the Boy Scouts of America from holding jamborees on federal land or from getting general federal assistance related to the gatherings.

The Interior Department had sought Justice’s guidance on the issue. Reno determined that “Boy Scout jamborees are not federally conducted education or training programs.”

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Scout Base Dispute

The American Civil Liberties Union is objecting to renewing the Boy Scout’s no-charge 30-year lease for its sea base on Newport Harbor.