EUGENE EVANS v. CITY OF BERKELEY

Filed 3/9/06

IN THE SUPREME COURT OF CALIFORNIA

EUGENE EVANS et al., )

)

Plaintiffs and Appellants, )

) S112621

v. )

) Ct.App. 1/5 A097187

CITY OF BERKELEY et al., )

) Alameda County

Defendants and Respondents. ) Super. Ct. No. 809180-4

__________________________________ )

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, discontinued its subsidy. Members of the group sued, claiming, among other things, that the city's action violated their freedoms of speech and association. The trial court sustained the city's demurrer, and the Court of Appeal affirmed. We conclude the Court of Appeal correctly determined that the complaint does not establish a violation of plaintiffs' constitutional rights and affirm the lower court's judgment.

Factual and Procedural Background

Because this case comes to us on a demurrer for failure to state a cause of action, we accept as true the well-pleaded allegations in plaintiffs' first amended complaint. â€