EVANS v. CITY OF BERKELEY

No. S112621.

40 Cal.Rptr.3d 205 (2006)

38 Cal.4th 1

129 P.3d 394

Eugene EVANS et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents.

Supreme Court of California.

Certiorari Denied October 16, 2006.


Attorney(s) appearing for the Case

Law Offices of Jonathan D. Gordon and Jonathan D. Gordon and Jonathan D. Gordon, Pleasant Hill, for Plaintiffs and Appellants.

Pacific Legal Foundation, John H. Findley and Harold E. Johnson, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiffs and Appellants.

Brad W. Dacus, and Roger G. Ho, Irvine, for Pacific Justice Institute as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bartko, Zankel, Tarrant & Miller, William I. Edlund, San Francisco, Ramiz I. Rafeedie; and Andrew W. Fortin, for California State Club Association and National Club Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Eric R. Carleson, for American Civil Rights Union as Amicus Curiae on behalf of Plaintiffs and Appellants.

Hughes Hubbard & Reed, William T. Bisset, Los Angeles, George A. Davidson and Carla A. Kerr, for Boy Scouts of America as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kirton & McConkie and Alexander Dushku, for The Church of Christ of Latter-Day Saints, National Catholic Committee on Scouting, Orestimba Presbyterian Church and Hope Chapel Christian Fellowship as Amicus Curiae on behalf of Plaintiffs and Appellants.

Sweeney & Greene, James F. Sweeney, Sacramento, and Eric Grant, for California Catholic Conference as Amicus Curiae on behalf of Plaintiffs and Appellants.

Manuela Albuquerque, City Attorney, Matthew J. Orebic and Laura McKinney, Deputy City Attorneys, for Defendants and Respondents.

Munger, Tolles & Olson, Jerome C. Roth, Ailsa W. Chang, San Francisco; and Jon W. Davidson, for Bay Area Lawyers for Individual Freedom and Lambda Legal Defense and Education Fund, Inc., as Amici on behalf of Defendants and Respondents.

Dennis J. Herrera, City Attorney, Therese Stewart, Burke Delventhal and Ellen Forman, Deputy City Attorneys, for City and County of San Francisco, California League of Cities and California State Association of Counties, as Amici Curiae on behalf of Defendants and Respondents.

Heller Ehrman White & McAuliffe, Warrington S. Parker III, San Francisco; Miranda D. Junowicz and Oren, Woodland, for Anti-Defamation League and Lawyers' Committee for Civil Rights of the San Francisco Bay Area as Amicus on behalf of Defendants and Respondents.

Morrison & Foerster, Mark W. Danis, M. Andrew Woodmansee, San Diego; Jordan C. Budd, Watson Branch; Martha Matthews, Los Angeles; and Margaret C. Crosby, for ACLU Foundation of San Diego and Imperial Counties, ACLU Foundation of Southern California and ACLU Foundation of Northern California as Amici on behalf of Defendants and Respondents.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, Suzanne M. Ambrose and Timothy M. Muscat, Deputy Attorneys General, as Amicus on behalf of Defendants and Respondents.


Certiorari Denied October 16, 2006. See 127 S.Ct. 434.

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...

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