DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer

  to fill out a simple form to connect to DUI Lawyers in your area.

Yeaw v. Boy Scouts of America

6/2/1997

California Court of Appeals


C023607


55 Cal.App.4th 607, 64 Cal.Rptr.2d 85, 1997.ca.1


June 2, 1997


KATRINA YEAW, A MINOR, ETC., PLAINTIFF AND APPELLANT,
v.
BOY SCOUTS OF AMERICA ET AL., DEFENDANTS AND RESPONDENTS.


APPEAL from the judgment of the Superior Court of Sacramento County. Super.Ct.No.95AS04757. John R. Lewis, Judge.


As Modified on Denial of Rehearing of July 2, 1997, Review Granted August 20, 1997 (S062749),


Allred, Maroko & Goldberg, Lisa Bloom, for Plaintiff and Appellant.


Weintraub, Genshlea & Sproul, Michael L. Dillard, Amy J. Winn, Hughes, Hubbard & Reed, George A. Davidson, and Carla A. Kerr, for Defendants and Respondents.


Puglia, P.j. We concur: Nicholson, J., Morrison, J.


The opinion of the court was delivered by: Puglia


In this appeal we consider whether the Boy Scouts of America (Boy Scouts) is a business establishment within the meaning of the Unruh Civil Rights Act (Civ. Code, § 51; hereafter "the Act" or section 51) such that it is prohibited from discriminating against girls by excluding them from membership. We shall conclude the Boy Scouts is not a business establishment within the meaning of the Act. Accordingly, the Boy Scouts may lawfully exclude females from membership in its ranks.


Plaintiff Katrina Yeaw, an 11-year-old girl, brought this action by and through James Yeaw, her father and guardian ad litem, against the Boy Scouts of America and the Golden Empire Council. Plaintiff sought but was refused admission into Boy Scout Troop No. 349. It is undisputed plaintiff was denied membership solely because she is a girl.


In her complaint, plaintiff alleges the Boy Scouts is a business establishment within the meaning of section 51 and engages in prohibited discrimination by excluding girls from membership.


Pending trial, plaintiff sought a preliminary injunction enjoining the Boy Scouts to refrain from refusing to admit her to membership in a Troop. Plaintiff argued that because it could not be "seriously disputed" the Boy Scouts is a business establishment, there was a substantial likelihood she would prevail on the merits; furthermore, plaintiff argued, she would suffer irreparable damage if not admitted immediately into a Troop, because the longer the delay before she becomes a Boy Scout, the greater the likelihood she will be unable to complete the requirements to achieve the rank of Eagle Scout. Following hearing and argument the trial court denied a preliminary injunction. Plaintiff appeals. (Code Civ. Proc., § 904.1, subd. (a)(6).)


In denying the injunction, the court noted that because plaintiff was denied admission into a Troop, the Troop is the appropriate entity upon which to focus in addressing plaintiff's arguments under the Act. Relying principally on Warfield v. Peninsula Golf & Country Club (1995) 10 Cal. 4th 594, 896 P.2d 776 (Warfield), the trial court concluded each of the Warfield criteria for determining whether a private membership organization is a business establishment within the meaning of section 51 warranted finding a Scout Troop is not a business establishment.


Significantly, the Boy Scouts is a membership organization whose benefits derive primarily, if not exclusively, from the interpersonal associations among its members. The relationships in Scouting are gratuitous, continuous, personal and social, and

Page 1 2 3 4 5 6 7 8 9 

California DUI Attorneys    DUI Lawyers


  to fill out a simple form to connect to DUI Lawyers in your area.

DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | Directory of DUI Attorneys | Success Stories | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.

...