Dale v. Boy Scouts of America

Superior Court of New Jersey, Appellate Division · 1998 · Property

308 N.J. Super. 516 (1998)

Updated July 19, 2026

PropertyPublic accommodationLaw Against DiscriminationFreedom of expressive associationLADdistinctly privatesexual orientation discriminationexpressive association

Facts

James Dale had long been an active and successful Boy Scout, earned Eagle Scout rank, and later became an Assistant Scoutmaster. After a newspaper article identified him as co-president of a university lesbian/gay alliance and quoted him discussing his homosexuality, the Monmouth Council revoked his BSA registration. The BSA stated that its leadership standards specifically forbade membership to homosexuals and later explained that avowed homosexuals were not admitted to membership. Adult registration was required to serve as a volunteer leader, and plaintiff alleged that his expulsion deprived him of the privileges of scouting because of his sexual orientation.

Issue

Whether the Boy Scouts of America is a place of public accommodation under New Jersey's Law Against Discrimination, whether revoking plaintiff's registration because he was an avowed homosexual violated the LAD, and whether enforcing the LAD against that policy impermissibly infringed defendants' First Amendment freedom of expressive association.

Rule

New Jersey's LAD must be liberally construed, and a place of public accommodation is not limited to a fixed physical place; organizations that invite broad public participation and provide accommodations, advantages, facilities, or privileges to the public may fall within the statute. Such an organization is not exempt as distinctly private if it is public in character, and exclusion from a volunteer leadership opportunity may constitute denial of a privilege under the LAD. Enforcement of the LAD against such discrimination is constitutional when it is unrelated to suppressing ideas and does not significantly impair the organization's ability to express its views or carry out its protected activities.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

The Trailwise Youth Guild operates throughout New Jersey, recruiting children through public-school sign-up nights in Newark and Trenton and running hikes, camps, and civic projects in parks, schools, and rented halls. It has no single clubhouse, but it invites all age-eligible children to join if they agree to follow the group's oath and code.

If the Guild argues that it cannot be a place of public accommodation because it lacks a permanent physical location, which is the best response?

Explanation. The majority construed the LAD liberally and rejected a narrow, place-based reading. A public accommodation is not limited to a fixed geographic situs; the term "place" is one of convenience, not limitation. An organization that broadly solicits the public, depends on mass participation, and provides educational or recreational activities may qualify even if it meets at varying locations.