scouts-l Mail Archive for November of 1999: Re: Who "owns" a Troop?
Richard C. Ickler (icklerr@EARTHLINK.NET
Tue Nov 02 1999 - 10:47:46 CST
The problem with this analysis is that it isn't necessarily correct.
A better analogy is an organization such as a church which belongs
to a larger denomination. A number of denominations have
requirements that state the individual congregation belongs to the
denomination. As such the denomination has the right to close the
church, take over its government, and if the church closes all assets
belong to the denomination. The individual church has no right to
leave the denomination and take its assets. This in no way changes
the fact that individual churches act as independent entities and
most people donating to those churches or having business dealings
with them don't know of these rules. Still, these requirements have
stood up in court numerous times. I have heard of a number of cases
where there were nasty court battles over this issue and to my
knowledge the denomination involved has never lost. Maybe I am
incorrectly drawing a comparison but I don't believe that Ted is
correct (despite the fact he's a lawyer and I'm not).
Long Beach Area Council (CA)
From: Ted Burton [SMTP:scouter@CONSULTBURTON.COM]
Sent: Monday, November 01, 1999 9:10 PM
Subject: Re: Who "owns" a Troop?
Scouts is not government. Scouts cannot impose rules on the public.
Scouts can impose conditions on the Charter, but that is still a
matter of private rule making. The result is that enforcement of the
rules is up to private parties. Absent enforcement, such rules cannot
impose unintended legal consequences upon the actions of people who
make their own private purchases and sales.
Asst Scoutmaster, District Committee, District Commissioner,
Lewis-Clark Trail District, Inland Northwest Council 611, & 'a good
ol' Fox too'; Es Kaielgu Lodge 311, Tseminicum Chapter, Vigil,
mailto:firstname.lastname@example.org ; and Macintosh fan. Take a look at