Welsh v. Boy Scouts of America

993 F.2d 1267, 1993 WL 158485
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 17, 1993
DocketNo. 92-1853
StatusPublished
Cited by55 cases

This text of 993 F.2d 1267 (Welsh v. Boy Scouts of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Welsh v. Boy Scouts of America, 993 F.2d 1267, 1993 WL 158485 (7th Cir. 1993).

Opinions

COFFEY, Circuit Judge.

Elliott Welsh and his seven year-old son Mark have brought suit asking the United States Courts to force the Boy Scouts of America to accept Mark as a member despite the fact that he refuses to comply with its Constitution and By-laws and affirm his belief in God. The Scouts refused Mark admission to membership in the scout troop and denied his father the opportunity to act as an adult partner. In their complaint, the plaintiffs allege that the defendant organization is a place of public accommodation practicing unlawful religious discrimination under Title II of the Civil Rights Act of 1964. 42 U.S.C. § 2000a (1988) (barring discrimination in places of public accommodation). This case presents a matter of first impression for the federal courts concerning the scope of Title II. See Welsh v. Boy Scouts of America, 787 F.Supp. 1511 (N.D.Ill.1992) (“Welsh II”.)1 We affirm.

I. BACKGROUND

The facts are undisputed: the district court opinion details fifty-two separate stipulated facts as well as twelve factual findings. Because the appellant does not challenge any of the trial court’s factual findings, we accept those facts as true and decide only the issues of law.

The question before the court is whether Title II of the Civil Rights Act of 1964 bars the Boy Scouts of America from denying membership to any person who refuses to profess a belief in and duty to a Supreme Being. The plaintiffs sued the Boy Scouts alleging that a local Scout organization in the Chicago, Illinois area denied them membership because of the Welshes’ refusal to recite the Boy Scout Membership Oath which requires scouts to express among other things a belief in God. The Oath states:

“On my honor I will do my best to do my duty to God and my country and to obey the Scout law, to help other people at all times, to keep myself physically strong, mentally awake and morally straight.”

The plaintiffs argue that the defendant’s exclusion of them from the Boy Scouts constitutes impermissible discrimination on the basis of religion in violation of Title II. Title II prohibits discrimination in public accommodations and states:

“§ 2000a. Prohibition against discrimination or segregation in places of public accommodation.
(a) Equal access. All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other [1269]*1269facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.”

42 U.S.C. § 2000a(a)-(b).

II. DISCUSSION

A. Place of Public Accommodation

The initial question before the court is whether Congress intended to govern organizations like the Boy Scouts within the statutory language “place of public accommodation” or “other place of ... entertainment?” 42 U.S.C. § 2000a(b). A reading of the statute for its plain meaning renders but one conclusion: Congress when enacting § 2000a(b) never intended to include membership organizations that do not maintain a close connection to a structural facility within the meaning of “place of public accommodation.” The statute clearly governs only an entity that: (1) “serves the public” and (2) may be classified as an “establishment,” “place,” or “facility.” Id.

Title II delineates the entities included therein as places, establishments, lodgings, and facilities. The statute also provides fifteen specific examples of regulated facilities, including inns, hotels, motels, restaurants, cafeterias, lunch rooms, lunch counters, soda fountains, retail establishments, gas stations, movie houses, theaters, concert halls, sports arenas, and stadiums. 42 U.S.C. § 2000a(b). None of the listed entities remotely resembles a membership organization. Despite this fact, the plaintiffs argue that the defendant organization is included under the language “other place of exhibition or entertainment.” Id. § 2000a(b)(3). They claim that “the fact that [the Boy Scouts] offer entertainment to the public at various locations, all of which are ‘places’, ... subjects them to the strictures of Title II.” Appellants’ brief at 10. The clear language of the statute mandates a different conclusion, for we must always be cognizant of the fact that “the legislative purpose is expressed by the ordinary meaning of the words used.” Richards v. United States, 369 U.S. 1, 9, 82 S.Ct. 585, 591, 7 L.Ed.2d 492 (1962). The statute in listing several specific physical facilities, sheds light on the meaning of “other place of exhibition or entertainment.” This list reveals Congress’ intent to regulate facilities as opposed to gatherings of people. Additionally, subsection (b)(4) refers only to physical structures such as buildings: “any establishment ... which is physically located -within the premises of any establishment otherwise covered by this subsection, or ... within the premises of which is physically located any such covered establishment, ...” Id. § 2000a(b)(4). While the statute repeatedly refers to physical facilities it fails to refer to, much less delineate, anything resembling a membership organization or an association.

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Cite This Page — Counsel Stack

Bluebook (online)
993 F.2d 1267, 1993 WL 158485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welsh-v-boy-scouts-of-america-ca7-1993.