John Scalise will collect damages from the October 2000 lawsuit he filed against the Boy Scouts and Fancher Elementary School, but he won’t get a court order.
Scalise, former Mount Pleasant City Commissioner, filed suit against the Lake Huron Council of the Boy Scouts, alleging the group violated the right to religious freedom by requiring an affirmation of belief in God.
Scalise started the lawsuit after a four-year issue with Fancher Elementary, where a BSA recruiter allegedly humiliated Scalise’s son, who is now in junior high.
“It is an issue of discrimination … the issue is the discrimination against little children for their beliefs and family’s beliefs,” Scalise said.
Paul Chamberlain, 21st Circuit Court judge of Isabella County, found the alleged incident against Scalise’s son unconstitutional, and allowed damages to be collected from both the school and the BSA, Scalise said. A jury or a mediator will determine damages at a later date, depending on appeals.
The allegation that the BSA and the Mount Pleasant schools violated the state’s Elliot Larson Civil Rights Act was not ruled in Scalise’s favor. The judge did not see the situation as fitting into that description.
Scalise said he is not ready to make the decision to appeal the judges ruling at this time.
“I think all parties within the 21-day period look at all the options. We aren’t at a point to make nay decisions right now, we are looking at the decision to make sure that we understand it completely.”
If there is an appeal, Scalise said he will be ready for it.
“We’ve already put four years into it, another 20 or 30 won’t matter.”
Scalise said he feels the BSA and the school are allowed to continue discrimination because the judges ruling did not include a court order, which would bar recruiters from public schools, but is pleased with the outcome of the suit.
“I am very pleased that the issues relating to the recruiters was affirmed in our favor,” he said, regarding the damages collected.
Scalise said he does not have a problem with the school itself, but its policies that promote discrimination.
“The faculty has always been great, it’s the administration that granted the BSA special privileges by having recruiters come in, allowing display cases and sponsorship. These are all things that no other organization has and gives them special access that other groups don’t have,” Scalise said.
Several issues were debated at the trial, and in the end, there was no order made to bar the BSA from the schools. He said the school administration is telling him they are not going to allow BSA to recruit.
“The one thing we were searching for is barring special access,” Scalise said.
The school administration disagrees with Scalise. It allows equal access for organizations, said Gary Allen, Mount Pleasant School superintendent.
“The court said, ‘Yes, what we’re doing is legal,’” Allen said.
Any group who wishes to use the school’s property is allowed, but he said there are policies concerning everyone.
“The Boy Scouts are treated the same as all other groups who want to use the facilities,” Allen said.
There was an unsuccessful investigation into Scalise’s allegations of recruiting in the classroom, Allen said.
Lake Huron Council of the BSA Scout Executive Dale Holbrook said he is pleased with the court’s ruling.
“I am pleased in general with the ruling that long-standing traditions for scouting and other groups to go into public schools to talk to boys about scouting and other programs can continue,” Holbrook said.
But Holbrook does regret some losses concerning the case.
“We regret we can no longer go into classrooms but respect the judges ruling and appreciate that we still have the opportunity to reach out to kids through fliers,” he said.
The suit affected the ties between the BSA and the Mount Pleasant community, Holbrook said.
“It has definitely hurt our ability to communicate with the families in Mount Pleasant in regards to their personal decision to joining scouting,” Holbrook said.
Because of the suit, Holbrook said BSA enrollment numbers have dwindled in Mount Pleasant, but no groups have yet disbanded.
“We will assemble in the future and explore opportunities to bring to the Fancher school area,” he said.

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