Are the Scouts Covered by the Law Against Discrimination (LAD)?
The Supreme Court states that the purpose of the LAD is to “root out discrimination.” Indeed, it describes this as “a compelling state interest.” Therefore the law should be broadly applied. Application involves two steps: First, is the BSA a “place of public accommodation” under the LAD? Second, even if it is, does it fall under the exemptions explicitly mentioned in the statute? On the “public accommodation” question, the court holds that a “place of public accommodation” does not have to be a specific location, but can also be a membership organization. Then the court applies a three-part test to decide if the BSA is a “public accommodation”: (1) Does it “engage in broad public solicitation?” The court notes that BSA does solicit broadly through TV ads and by encouraging its members to wear their uniforms in public. Therefore yes. (2) Does it have ties to government or other public accommodations? The court notes that government and other public accommodation sponsor Boy Scout troop
