On April 7, U.S. District Judge Ronald L. Buckwalter signed a revised scheduling order for the case, postponing the discovery deadline from April 6 to June 5.
The discovery phase allows both sides in a legal dispute to gather as much relevant evidence as possible for potential use in the upcoming trial.
The Cradle of Liberty chapter has occupied a city-owned building on the Ben Franklin Parkway near 22nd Street since 1928. But the chapter doesn’t permit openly gay participants — a policy that is at odds with the city’s Fair Practices Ordinance.
That ordinance, enacted in 1982, forbids antigay discrimination in a variety of venues, including city-owned buildings. For several years, LGBT activists implored city officials to enforce the ordinance and remove the Scouts from the building or have them pay fair-market rent.
Last year, in response to those pleas, city officials told the Scouts they must begin paying $200,000 annual rent for the building by June 1, 2008, or vacate the premises.
Rather than cooperating with that request, the Scouts filed a federal lawsuit in May 2008, claiming their constitutional rights were being violated by the rental demand.
Shortly after the Scouts filed suit against the city, the city filed an eviction action against the Scouts in Philadelphia Common Pleas Court. But that case remains pending and the evidence gathered in the federal case may be used in the state case.
The federal case was assigned to Buckwalter, who last fall rejected a motion by city officials to dismiss the entire case as meritless — although he did toss out some of the Scouts’ claims.
In December, Buckwalter issued an initial scheduling order, which included the April 6 discovery deadline and a targeted trial date of Nov. 16, 2009.
But due to a joint request from both sides, Buckwalter’s new scheduling order establishes a June 5 discovery deadline and a targeted trial date of Dec. 8, 2009.
According to Buckwalter’s general operating procedures, available on the U.S. District Court of Eastern District of Pennsylvania Web site, he expects the discovery phase in a typical case discovery to be completed within six months of the date the case was filed — unless there are “compelling reasons” for an extension.
In the Scouts’ case, Buckwalter will permit the discovery phase to be completed more than a year after the case was filed, without publicly specifying any “compelling reason” for the extension.
Buckwalter declined to comment for this story.
Arthur M. Kaplan, an LGBT activist who’s worked on the Scouts issue for several years, said the case seems to be languishing.
“This case could go on ad nauseum,” Kaplan told PGN. “It’s pretty clear that it isn’t a high priority for the city solicitor.”
But Kaplan stopped short of criticizing Mayor Nutter.
“Whether this delay says anything about the mayor, I have no idea. But it’s obvious to me that the city solicitor feels no sense of urgency,” Kaplan stated.
City Solicitor Shelley R. Smith declined to comment for this story.
Doug Oliver, a spokesperson for Mayor Nutter, also had no comment.
Kaplan also expressed frustration with the lack of information he’s been able to elicit from city attorneys about the progress of the case.
“One would expect more transparency, given the public interest in seeing this case brought to a prompt and successful conclusion,” he said.
Stephen A. Glassman, chair of the Pennsylvania Human Relations Commission, urged city officials to move forward with the case as quickly as possible.
“As Martin Luther King Jr. so eloquently stated, justice delayed is justice denied,” Glassman said. “We urge the Nutter administration to work with all deliberate speed to press forward with a vigorous pursuit of this case, in order to successfully resolve this ongoing discriminatory activity against LGBT people in Philadelphia.”
Glassman said acts of bias can damage entire communities.
“The purpose of our civil-rights laws is not only to address individual acts of discrimination, but to vindicate the interests of our society, in general, with regard to ongoing acts of prejudice and bias. It is imperative for the well-being of the city that this case be expeditiously concluded.”
Lynn G. Zeitlin, executive director of Equality Advocates Pennsylvania, said she’s confident Nutter is committed to enforcing the city’s gay-rights ordinance.
“We applaud the Nutter administration’s determination to enforce the city’s Fair Practices Ordinance, so that city-owned property is utilized in accordance with non-discrimination policies,” Zeitlin said. “This [discovery] extension, hopefully, will lead to the correct outcome in the case, which is to enforce the city’s ordinance.”
Timothy Cwiek can be reached at (215) 625-8501 ext. 208.
Hey, the shoe fits. They need to be exposed. We made a terrible mistake in allowing them to exclude people who "don't believe in God", for it gives license to a theocratic mentality.
And the history of western civilization and others, is repleat with how religion uncontrolled becomes the worst demanding, most arrogant monster of them all. For it is reaqlly about megalomania and power, not God. But so cleverly couched in code words and double speak here. A little less so in the country which gave us most of the 9/11 gang.
And the history of Christianity is a nightmare. And in conservative churches, the stone age still rules re some subjects.
The people I don't want my kids to deal with are eg the people who run the boy scouts from Texas. Where religion is a way of life, involved with the segregationist mentality shown by the murder of James Byrd, remember. The KKK still rules in parts of texas. And they are nothing but macho abuse freaks, for whom gays are just the new n-word.
And tks to the writer who reminded me of the good boy scout catholic homophobes who beat Matthew Shepard to death. Two big horsy guys who decided to have a little fun with a gay 110 pound youngster. And one of those freaks was an Eagle Scout no less.
And recently my older son said something to me - "I'm glad that you are involved in the gay civil rights movement. It helped me get rid of my prejudices. And it helps me in dealing with customers who are gay". And in fact it was key for hisw helping his employer win a $20 million $$ order, which was why in two years, my son moved up in his System Engineering - semitech sales job to the 4th level - the highest. The key decision maker, he says, is obviously gay. But a good guy.
I'll cast my lot any day with the gays, and I wouldn't give the homophobes the proverbial "p... down their throats if their guts were on fire."
Dr. SamLoomis - you still have the old prejudices. We could have a hell of a conversation of how the catholic church had their big problem with perverted priests- sex starved people in the weirdest marriage of all - to a church - how queer that really is. It is all about psychology, guilt, denial of sexuality etc.
One real issue is why it was priests on mostly boys - because the alter boys were so available, and the most brainwashed into believing the church was infallible.
But the real issue is why the church hid the problem, and kept moving their perverts around. I used to think it was because their house of cards called faith would collapse if the truth came out, and their power would be destroyed. But IMHO the real issue is that this problem - fostered by their puritanical beliefs re sex - reaches into the very top of the church, and totally exposed, the vatican would have to be turned into a prison to house them all.
And to some extent, the church crimes also relate to the issue of rape in prison. It has nothing to do with gays, it has to do with power. The perpetrators are the most macho individuals there trying to establish their power. Just as, in a seconday phenomena, the bad priests were probably playing a power game, for they are victims of a total control hierarchy, be a cog in a machine, do as we say or out you go terrorist management system. So they solved their "power" need in another way.
That is what you ought to be concerned about.
BTW, we had gay people with us in the military, no one gave a hoot about it, as long as the old crusties in the top ranks didn't find out. And we have gay people in the health clubs including the locker room. So what - just not an issue.
Please get rid of your prejudices.
And spare me the "heteros molest too". I know that. But if you had to pick, you cast your lot with the hetero
As a side note, although the BSA is a separate and distinct entity one of it's biggest supporters is the very anti-gay Mormon Church.
Just to set the record straight....
Cub Scouts are a part of BSA, therefor follow the same rules. GSA is a separate entity, and is not connected to BSA.
BTW, remember Henderson, one of the two good catholic boys who beat Matthew Shepard to death?
He had affirmed his belief in God, and actually was an Eagle Scout.
Shows you what the Boy Scouts have become - just another group headed by religious fascists wannabees.
My kids are all grown up, but I guarantee you that if they were still in the BS when I found this out 10 years ago, it would have been out now.
And I believe - I haven't checked all this, that the Cub Scouts, and the Girl Scouts and ? their junior group, are not like the BS.