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SCHWENK v. BOY SCOUTS OF AMERICA

551 P.2d 465 (1976)

Carla SCHWENK, a minor by Roberta Schwenk, her guardian ad litem, Appellant, v. BOY SCOUTS OF AMERICA, Respondent.

Supreme Court of Oregon.

Decided June 24, 1976.

Attorney(s) appearing for the Case

Carol A. Hewitt of Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland, argued the cause and filed a brief for appellant.

Fredic A. Yerke of Miller, Anderson, Nash, Yerke & Wiener, Portland, and Philip A. Lacovara of Hughes, Hubbard & Reed, Washington, D.C., argued the cause for respondent. With them on the brief were Christie H. Wiater of Miller, Anderson, Nash, Yerke & Wiener, Portland, and John C. Fontaine and Eugene H. Zagat, Jr. of Hughes, Hubbard & Reed, New York City.

Charles J. McMurchie of Davies, Biggs, Strayer, Stoel & Boley, Portland, filed a brief for amicus curiae Camp Fire Girls, Inc., in support of respondent.

Terry DeSylvia of Black, Kendall, Tremaine, Boothe & Higgins, Portland, filed a brief for amicus curiae Girl Scouts of the United States of America and Young Women's Christian Association, in support of respondent.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, J.

TONGUE, Justice.

This is an action brought by a nine-year-old girl, through her mother as her guardian ad litem, to recover damages for the violation of the Public Accommodation Act (ORS 30.670 et seq.) resulting from defendant's refusal to accept plaintiff's application for membership as a cub scout. Defendant demurred to plaintiff's complaint on the ground that it failed to state a cause of action. The demurrer was sustained and plaintiff appealed. We affirm.

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