This is a copy of the federal lawsuit filed in 1997 challenging the constitutionality of the exclusion of my son, Richard, from the youth education program run by the Buffalo Grove Police Department called Explorer Post 815. Richard was excluded because this government operated program had a policy of no atheists allowed. One day after the lawsuit was filed, the Police Department severed its relationship with the Boy Scouts of America, vendor of the Explorer program, and reconstituted the program as the Buffalo Grove Police Cadet Post. Richard was immediately invited to join the program, which he did.
The text of this lawsuit was prepared using a particular word processing format from 1997. When that format was converted to an internet web page in 2002, some of the line spacing and formatting didn't come out looking the same as the original. All of the original text is here, but some of the spacing appears differently from the original.
RICHARD H. SHERMAN and | "RECEIVED
ROBERT I. SHERMAN, his father, | JUL 03 1997
Plaintiffs, | MICHAEL W. DOBBINS
| CLERK, U.S. DISTRICT COURT"
v. |
| Case No. 97 C 4760
BOY SCOUTS OF AMERICA, National |
Office, and LEROY G. JOSSELL, | Judge Holderman
Director of Registration, |
Boys Scouts of America, | Magistrate Judge Guzman
Defendants. |
1. Richard H. Sherman is fifteen years old.
2. Robert I. Sherman is the father of Richard H. Sherman.
3. Richard H. Sherman and Robert I. Sherman are residents of Buffalo Grove, Illinois.
4. Boy Scouts of America is a corporation.
5. The National Office of Boy Scouts of America is located in Irving, Texas.
6. Leroy G. Jossell is the Director of Registration at the National Office of Boy Scouts of America.
7. Boy Scouts of America has developed a group of programs, called "Scouting."
8. Boy Scouts of America charters community organizations to operate Scouting programs.
9. Community organizations which operate Scouting programs include, but are not limited to, federal, state, county, city and township government agencies, such as police departments, sheriff's departments and fire departments; the United States Air Force, Army, Coast Guard, Marine Corps and Navy; and the Army and Air National Guard.
10. Scouting programs have leaders and participants.
11. Scouting program leaders are called, "Adult Leaders."
12. Scouting program participants are called, "Youth Members."
13. Boy Scouts of America has developed an enrollment application form for each Scouting program.
14. Every person who wishes to enroll as a Youth Member in any Scouting program must fill out the enrollment application form for that particular Scouting program.
15. Every Youth Member enrollment application form is submitted to Boy Scouts of America for acceptance.
16. Every Youth Member must submit a registration fee, along with the enrollment application, to Boy Scouts of America.
17. Boy Scouts of America notifies each Youth Member as to whether his/her application has been accepted or rejected.
18. One Scouting program is called, "Explorers."
19. Explorers programs are carried on in groups.
20. Each Explorers group is known as an "Explorer Post."
21. One component of the Explorer program is the Explorer Code.
22. The Explorer Code states:
"As an Explorer--
"I believe that America's strength lies in our trust in God and in the courage, strength, and traditions of our people.
"I will, therefore, be faithful in my religious duties and will maintain a personal sense of honor in my own life.
"I will treasure my American heritage and will do all I can to preserve and enrich it.
"I will recognize the dignity and worth of all humanity and will use fair play and goodwill in my daily life.
"I will acquire the Exploring attitude that seeks the truth in all things and adventure on the frontiers of our changing world."
23. A true copy of the Boy Scouts of America Explorer Code is attached and labeled, "Plaintiffs' Exhibit 1."
24. The registration fee for the Explorer program is seven dollars.
25. Every person who wishes to enroll as a Youth Member in Explorers must submit an Explorer enrollment application form.
26. A true copy of Boy Scouts of America Explorer Application is attached and labeled, "Plaintiffs' Exhibit 2."
27. Every person who wishes to enroll as a Youth Member in Explorers must sign the following statement: "I have read the above Explorer Code and will strive to live up to it."
28. Every person who wishes to enroll as a Youth Member in Explorers must submit a seven dollar registrations fee.
29. Boy Scouts of America has granted a charter to the Buffalo Grove Police Department to operate an Explorer Post.
30. A true copy of the Exploring Charter granted to the Buffalo Grove Police Department by Boy Scouts of America is attached and labeled, "Plaintiffs' Exhibit 3."
31. The Boy Scouts of America Explorer Post operated by the Buffalo Grove Police Department is known as "Post 815."
32. The Adult Leader who is responsible for the operation of a particular Explorer Post is known as the Post "Advisor."
33. Scott Anderson is a Police Officer with the Buffalo Grove Police Department.
34. Scott Anderson is the Advisor of Boy Scouts of America Explorer Post 815.
35. On April 28, 1997, Richard H. Sherman attempted to enroll in Boy Scouts of America Explorer Post 815.
36. On April 28, 1997, Richard H. Sherman submitted to Scott Anderson a Boy Scouts of America Explorer enrollment application form that Richard H. Sherman had filled out.
37. Richard H. Sherman crossed out the words, "trust in God" and "be faithful in my religious duties," on the page in the Explorer application that contained the Explorer Code.
38. Richard H. Sherman signed the Explorer Code statement with the words, "trust in God" and "be faithful in my religious duties," crossed out.
39. Richard H. Sherman gave Scott Anderson seven dollars United States currency to pay the registration fee.
40. Scott Anderson received Richard H. Sherman's Explorer enrollment application form and registration fee.
41. Scott Anderson filled out and gave a certificate to Richard H. Sherman.
42. The certificate that Scott Anderson gave Richard H. Sherman says:
This is to certify that Richard H. Sherman is a member in Exploring."
43. The certificate is signed: Scott Anderson, Advisor, Post 815; and dated 4-28-97.
44. At the bottom of the certificate are the words: "EXPLORING" and "BSA."
45. A true copy of the Richard H. Sherman's Temporary Membership Certificate is attached and labeled, "Plaintiffs' Exhibit 4."
46. Boy Scouts of America sent a letter, dated June 17, 1997, to Robert I. Sherman.
47. The letter was signed by Leroy G. Jossell.
48. The letter stated that Boy Scouts of America cannot accept Richard H. Sherman's registration as a youth member because Richard H. Sherman had rejected the religious portion of the Explorer Code by crossing out the words, "trust in God" and "be faithful in my religious duties."
49. A true copy of the letter from Leroy G. Jossell of Boy Scouts of America to Robert I. Sherman is attached and labeled, "Plaintiffs' Exhibit 5."
50. Boy Scouts of America and Leroy G. Jossell have prevented Richard H. Sherman from enrolling in Boy Scouts of America Explorer Post 815 by refusing to accept Richard H. Sherman's application to register as a Youth Member of Boy Scouts of America.
51. The Village of Buffalo Grove is a municipality in the State of Illinois.
52. The Buffalo Grove Police Department is an agency of the Village of Buffalo Grove municipal government.
53. The United States Constitution, Amendment I, states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
54. The phrase, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," is commonly known as the "Establishment Clause" of the United States Constitution.
55. The Establishment Clause of the United States Constitution precludes government agencies from discriminating against, by denying services to or excluding from any program operated by the government, any citizen, solely on religious grounds.
56. The Establishment Clause of the United States Constitution requires that government agencies not discriminate against, by denying services to or excluding from any program operated by the government, any citizen, solely because that citizen declined to make a commitment as to what religious activity that citizen would engage in in the future.
57. The Establishment Clause of the United States Constitution requires that the Buffalo Grove Police Department not deny Richard H. Sherman enrollment in any program that it operates, including the Boy Scouts of America Explorer program, solely because Richard H. Sherman declined to disclose to the Buffalo Grove Police Department his religious beliefs and/or declined to make a commitment to the Buffalo Grove Police Department as to what religious activity that citizen would engage in in the future.
58. The United States Constitution, Amendment XIV, Section 1, states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person or life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
59. The phrase, "[No State shall] deny to any person within its jurisdiction the equal protections of the laws," is commonly know as the "Equal Protection" clause.
60. The Equal Protection clause of the United States Constitution requires that government agencies not discriminate against, by denying services to or excluding from any program operated by the government, any citizen who, for among other reasons, declines to disclose his religious beliefs and/or declines to make a commitment as to what religious activity that citizen would engage in in the future.
61. The Equal Protection Clause of the United States Constitution requires that the Buffalo Grove Police Department not deny Richard H. Sherman enrollment in any program that it operates, including the Boy Scouts of America Explorer program, solely because Richard H. Sherman declined to disclose to the Buffalo Grove Police Department his religious beliefs and/or declined to make a commitment to the Buffalo Grove Police Department as to what religious activity that citizen would engage in in the future.
62. Article I of the Illinois Constitution is named: "Bill of Rights."
63. Section 3 of Article I of the Illinois Constitution is named: "Religious Freedom."
64. The complete text of the Illinois Constitution, Article I, Section 3 states: "The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship."
65. The Illinois Constitution, Article I, Section 3, states, in pertinent part: "[N]o person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions."
66. Article I, Section 3 of the Illinois Constitution requires that the Buffalo Grove Police Department not deny Richard H. Sherman enrollment in any program that it operates, including the Boy Scouts of America Explorer program, solely because Richard H. Sherman declined to disclose to the Buffalo Grove Police Department his religious beliefs and/or declined to make a commitment to the Buffalo Grove Police Department as to what religious activity that citizen would engage in in the future.
67. The Buffalo Grove Police Department conducts much of its Boy Scouts of America Explorer program at Buffalo Grove Police Headquarters.
68. Buffalo Grove Police Headquarters is a public building that was built with public funds.
69. Article VIII of the Illinois Constitution is entitled, "Finance."
70. Section 1 of Article VIII of the Illinois Constitution is entitled, "General Provisions."
71. The Illinois Constitution, at Article VIII, Section 1, Paragraph (a) states: "Public funds, property or credit shall be used only for public purposes."
72. Article VIII, Section 1 of the Illinois Constitution requires that public funds and public property shall be used only for public purposes.
73. Article VIII, Section 1 of the Illinois Constitution requires that the Buffalo Grove Police Department may not exclude, from programs operated at Buffalo Grove Police Headquarters, any persons, solely on religious grounds.
74. On June 15, 1916, Boy Scouts of America received a corporate charter from the United States Congress.
75. Title 36 of the United States Code is entitled, "Patriotic Societies and Observances."
76. Chapter 2 of Title 36 of the United States Code is entitled, "Boy Scouts of America."
77. The text of the Boy Scouts of America charter from Congress is Title 36, Chapter 2, Sections 21 through 29 of the United States Code.
78. Section 22 of Title 36, Chapter 2, is entitled, "Name and powers of corporation."
79. The text of Title 36, Chapter 2, Section 22 states: "The name of the corporation created by this chapter shall be "Boy Scouts of America", and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to alter and destroy at pleasure; to have offices and conduct its business and affairs within and without the District of Columbia and in the several States and Territories of the United States; to make and adopt by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this chapter and promote the purposes of said corporation."
80. Title 36, Chapter 2, Section 22 of the United States Code states, in pertinent part: "Boy Scouts of America ... shall have ... power ... to make and adopt by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof ..."
81. On or about June 19, 1997, Scott Anderson told Robert I. Sherman that he and the Buffalo Grove Police Department desire to enroll Richard H. Sherman in Boy Scouts of America Explorer Post 815.
82. Sidney H. Mathias is the President of the Board of Trustees (Mayor) of the Village of Buffalo Grove.
83. On or about June 23, 1997, Sidney H. Mathias told Robert I. Sherman that he and the Buffalo Grove Police Department desire to enroll Richard H. Sherman in Boy Scouts of America Explorer Post 815.
84. William Balling is the Village Manager of the Village of Buffalo Grove.
85. On July 1, 1997, William Balling told Robert I. Sherman that he and the Buffalo Grove Police Department desire to enroll Richard H. Sherman in Boy Scouts of America Explorer Post 815.
86. The rule or regulation of the Boy Scouts of America, which results in the denial of enrollment as a Youth Member to Richard H. Sherman solely on religious grounds, violates the portion of Title 36, Chapter 2, Section 22 of the United States Code, in that the rule or regulation of the Boy Scouts of America is inconsistent with a law of the United States, in that it prevents the Buffalo Grove Police Department from enrolling Richard H. Sherman in its Explorer program, solely on religious grounds, in violation of the Establishment Clause of the United States Constitution.
87. The rule or regulation of the Boy Scouts of America, which results in the denial of enrollment as a Youth Member to Richard H. Sherman solely on religious grounds, violates the portion of Title 36, Chapter 2, Section 22 of the United States Code, in that the rule or regulation of the Boy Scouts of America is inconsistent with a law of the United States, in that it prevents the Buffalo Grove Police Department from enrolling Richard H. Sherman in its Explorer program, solely on religious grounds, in violation of the Equal Protection Clause of the United States Constitution.
88. The rule or regulation of the Boy Scouts of America, which results in the denial of enrollment as a Youth Member to Richard H. Sherman, solely on religious grounds, violates the portion of Title 36, Chapter 2, Section 22 of the United States Code, in that the rule or regulation of the Boy Scouts of America is inconsistent with a law of the State of Illinois, in that it prevents the Buffalo Grove Police Department from enrolling Richard H. Sherman in its Explorer program, solely on religious grounds, in violation of Article I, Section 3 of the Illinois Constitution.
89. The rule or regulation of the Boy Scouts of America, which results in the denial of enrollment as a Youth Member to Richard H. Sherman, solely on religious grounds, violates the portion of Title 36, Chapter 2, Section 22 of the United States Code, in that the rule or regulation of the Boy Scouts of America is inconsistent with a law of the State of Illinois, in that it prevents the Buffalo Grove Police Department from enrolling Richard H. Sherman in its Explorer program, solely on religious grounds, in violation of Article VIII, Section 1, Paragraph (a) of the Illinois Constitution.
90. Richard H. Sherman and Robert I. Sherman pray for judgment against Boy Scouts of America and Leroy G. Jossell.
91. Richard H. Sherman and Robert I. Sherman pray that the court finds that Boy Scouts of America is prevented, by Title 36, Chapter 2, Section 22, of the United States Code, from making and adopting a rule that prevents Richard H. Sherman from enrolling in any Boy Scout program that is operated by a government agency.
92. Richard H. Sherman and Robert I. Sherman pray that the court find that Boy Scouts of America Explorer Post 815 is a program operated by a government agency.
93. Richard H. Sherman and Robert I. Sherman pray that the court find that Leroy G. Jossell violated the civil rights of Richard H. Sherman and Robert I. Sherman by not accepting Richard H. Sherman's application for Youth Membership in Boy Scouts of America, solely on religious grounds, when such application for membership was submitted as a condition of enrollment in Boy Scouts of America Explorer Post 815, a government program.
94. Richard H. Sherman and Robert I. Sherman pray that the court direct Boy Scouts of America and Leroy G. Jossell to reverse its decision and enroll Richard H. Sherman as a Youth Member, so that the Buffalo Grove Police Department can enroll Richard H. Sherman in Boy Scouts of America Explorer Post 815.
95. Richard H. Sherman and Robert I. Sherman pray that the court direct Boy Scouts of America and Leroy G. Jossell to pay Richard H. Sherman and Robert I. Sherman damages in the amount of $10,000,000 (ten million dollars), plus the cost of all of the expenses incurred by Richard H. Sherman and Robert I. Sherman in bringing this action.
Robert I. Sherman
Robert I. Sherman, pro se
Post Office Box 7410
Buffalo Grove, IL 60089-7410
Telephone Number: (847) 870-0700
July 3, 1997